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AB-2576 Employee bargaining units: salary deductions.(2007-2008)



Current Version: 07/07/08 - Enrolled

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AB2576:v96#DOCUMENT

Enrolled  July 07, 2008
Passed  IN  Senate  July 02, 2008
Passed  IN  Assembly  May 05, 2008
Amended  IN  Assembly  April 24, 2008
Amended  IN  Assembly  April 03, 2008

CALIFORNIA LEGISLATURE— 2007–2008 REGULAR SESSION

Assembly Bill
No. 2576

Introduced  by  Assembly Member Furutani

February 22, 2008

An act to amend Section 45168.5 of the Education Code, relating to school employees.


LEGISLATIVE COUNSEL'S DIGEST


AB 2576, Furutani. Employee bargaining units: salary deductions.
Existing law requires the governing board of a school district with a pupil population exceeding 400,000 that collects or deducts dues, agency fees, fair share fees, or any other fee or amount of money from a classified employee’s salary for the purpose of transmitting the money to an employee organization, to transmit the money to the employee organization within 15 working days of issuing the paycheck containing the deduction to the employee.
This bill also would require the governing board of a school district with a pupil population exceeding 400,000 to transmit all data related to those funds to the employee organization.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 45168.5 of the Education Code is amended to read:

45168.5.
 (a) (1) Notwithstanding any other provision of law, the governing board of a school district that collects or deducts dues, agency fees, fair share fees, or any other fee or amount of money from the salary of a classified employee for the purpose of transmitting the money to an employee organization shall transmit the money to the employee organization within 15 days of issuing the paycheck containing the deduction to the employee.
(2) Notwithstanding paragraph (1), if the governing board of a school district with a pupil population exceeding 400,000, collects or deducts dues, agency fees, fair share fees, or any other fee or amount of money from the salary of a classified employee for the purpose of transmitting the money to an employee organization, the governing board shall transmit the money and all data related to those funds to the employee organization within 15 working days of issuing the paycheck containing the deduction to the employee.
(b) (1) This section does not limit the right of an employee organization or affected employee to sue for a failure of the employer to transmit dues or fees pursuant to this section.
(2) In an action brought for a violation of subdivision (a), the court may award reasonable attorney’s fees and costs to the prevailing party if a party to the action requests attorney’s fees and costs.
(c) This section applies to districts that have adopted the merit system in the same manner and effect as if it were a part of Article 6 (commencing with Section 45240).
(d) A school district or county office of education shall not request, and the state board shall not grant, a waiver of compliance with this section.