3550.1.
(a) The Legislature finds and declares that the right of a public employee to demonstrate solidarity with other public employees by honoring a strike or by refusing to enter upon the premises or perform work for a public employer engaged in a primary strike is a fundamental human right protected by the California Constitution and laws of this state.(b) Notwithstanding any other law, and except as provided in subdivision (g), it shall not be unlawful or a cause for discipline or other adverse action against a public employee for that public employee to refuse to do any of the following:
(1) Enter property that is the site of a primary strike.
(2) Perform work for a public employer involved in a primary strike.
(3) Go through or work behind any primary strike line.
(c) A public employer shall not direct a public employee to take any of the actions set forth in subdivision (b).
(d) A recognized employee organization may inform employees of their rights and encourage employees to exercise their rights under this section.
(e) (1) Except as provided in paragraph (2), a provision in a public employer policy or collective bargaining agreement that purports to limit or waive the rights set forth in this section shall be void as against public policy.
(2) If this section is in conflict with a collective bargaining agreement entered into before January 1, 2024, upon request of the employer or the exclusive representative, the parties shall negotiate over this section. A request to meet and confer pursuant to this section shall reopen the existing collective bargaining agreement solely for the purpose of negotiating an agreement regarding this section. Following the expiration of a collective bargaining agreement that was entered into before January 1, 2024, this section shall apply.
(f) This section shall not apply to any public employee who is subject to Section 1962 of the Labor Code or to any employee who is a peace officer under any of the following:
(1) Subdivision (a) or (b) of Section 830.1 of the Penal Code.
(2) Subdivision (a), (b), (c), (d), or (g) of Section 830.2 of the Penal Code.
(3) Section 830.31 of the Penal Code.
(4) Section 830.32 of the Penal Code.
(5) Section 830.33 of the Penal Code.
(6) Section 830.34 of the Penal Code.
(7) Subdivision (c) of Section 830.35 of the Penal Code.
(8) Subdivision (a), (b), or (d) of Section 830.37.
(9) Section 830.38 of the Penal Code.
(10) Subdivision (a) of Section 830.5 of the Penal Code.
(11) Section 830.15 of the Penal Code.
(g) This section does not alter existing law relating to strikes by essential employees as set forth in judicial decisions and decisions of the Public Employee Relations Board, as promulgated or revised from time to time.
(h) For the purposes of this section, “honoring a strike” means a refusal to perform work for a public employer in response to a primary strike by an exclusive representative of a public employer.