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HomeGovernment CodeDiv. 4Ch. 10.7Art. 1§ 3540 Public School Employee Rights

§ 3540 Public School Employee Rights

Government Code·California
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§ 3540 Public School Employee Rights

Key Takeaways

  • •Public school employees in California can join groups (like unions) to help with work issues.
  • •These groups can talk to bosses about work rules, pay, and other job stuff.
  • •The law doesn’t override other school rules unless they conflict with union agreements.
  • •Teachers can still have their own groups (like faculty councils) to give advice on school policies.

Example

A group of teachers wants to talk to their school boss about getting better classroom supplies.

The teachers can join a union, and the union can talk to the school boss for them. The school boss has to listen and work with the union to fix the problem.

AI-generated — May contain errors. Not legal advice. Always verify source.

Official Source
View on CA.gov

§ 3540 Public School Employee Rights

It is the purpose of this chapter to promote the improvement of personnel management and employer-employee relations within the public school systems in the State of California by providing a uniform basis for recognizing the right of public school employees to join organizations of their own choice, to be represented by the organizations in their professional and employment relationships with public school employers, to select one employee organization as the exclusive representative of the employees in an appropriate unit, and to afford certificated employees a voice in the formulation of educational policy. This chapter shall not supersede other provisions of the Education Code and the rules and regulations of public school employers which establish and regulate tenure or a merit or civil service system or which provide for other methods of administering employer-employee relations, so long as the rules and regulations or other methods of the public school employer do not conflict with lawful collective agreements. It is the further intention of the Legislature that this chapter shall not restrict, limit, or prohibit the full exercise of the functions of any academic senate or faculty council established by a school district in a community college to represent the faculty in making recommendations to the administration and governing board of the school district with respect to district policies on academic and professional matters, so long as the exercise of the functions does not conflict with lawful collective agreements. It is the further intention of the Legislature that any legislation enacted by the Legislature governing employer-employee relations of other public employees shall be incorporated into this chapter to the extent possible. The Legislature also finds and declares that it is an advantageous and desirable state policy to expand the jurisdiction of the board created pursuant to this chapter to cover other public employers and their employees, in the event that this legislation is enacted, and if this policy is carried out, the name of the Educational Employment Relations Board shall be changed to the “Public Employment Relations Board.” (Amended by Stats. 1988, Ch. 160, Sec. 51.)

Last verified: January 22, 2026

Key Terms

employmenteducationcontractschoolemployeeemployerlegislatureagreement

Related Statutes

  • § 3540.2 School District Financial Oversight
  • § 3543.1 Public School Union Rights
  • § 3541.5 Unfair Practice Charge Procedures
  • § 3546 Public Employee Fair Share Fees
  • § 3548.5 Public School Arbitration Agreements

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Government Code. Section 3540.
View Official Source