AMENDED IN ASSEMBLY MAY 18, 2026
AMENDED IN ASSEMBLY FEBRUARY 25, 2026
CALIFORNIA LEGISLATURE— 2025–2026 REGULAR SESSION
97
Introduced by Assembly Member Ahrens
January 12, 2026
An act to add Section 3558.9 to the Government Code, relating to employer-employee relations.
Vote: majority Appropriation: no Fiscal committee: yes Local program: no
LEGISLATIVE COUNSEL’S DIGEST
Existing law that governs the labor relations of public employees and employers, including, among others, the Meyers-Milias-Brown Act, the Ralph C. Dills Act, provisions relating to public schools, and provisions relating to higher education prohibits employers from taking certain actions relating to employee organization, including imposing or threatening to impose reprisals on employees, discriminating or threatening to discriminate against employees, or otherwise interfering with, restraining, or coercing employees because of their exercise of their guaranteed rights. Those provisions of existing law further prohibit denying to employee organizations the rights guaranteed to them by existing law.
This bill would prohibit a public employer from questioning a public employee, a representative of a recognized employee organization, or an exclusive representative regarding communications made in confidence between an employee and an employee representative in connection with representation relating to any matter within the scope of the recognized employee organization’s representation. The bill would also prohibit a public employer from compelling a public employee, a representative of a recognized employee organization, or an exclusive representative to disclose those confidential communications to a third party. The bill would not apply to a criminal investigation or when a public safety officer is under investigation and certain circumstances exist.
The people of the State of California do enact as follows:
The Legislature finds and declares all of the following:
(a) There is a strong public interest in encouraging public employees to communicate fully and frankly with their union representatives regarding matters within the scope of representation, such as grievances, disciplinary proceedings, and working conditions, to ensure effective advocacy and protection of employee rights. The expectation of confidentiality for these communications is essential to prevent a chilling effect on protected concerted activities. Without this protection from employer interference, employees would be hesitant to seek or provide candid information to their representatives, undermining the core functions of employee organizations.
(b) It is the intent of the Legislature, in enacting this act, to codify longstanding Public Employment Relations Board (PERB) precedents prohibiting public employers from interfering with confidential communications between public employees and their union representatives regarding matters within the scope of representation by making this interference an unfair labor practice enforceable through PERB.
(c) Claims of significant one-time costs, including those estimated for the California Community Colleges or other agencies, for policy or training updates are unfounded, as they reflect preexisting obligations under PERB precedents rather than new requirements imposed by this act. Codification provides clear statutory notice to employers, enhancing uniform compliance across jurisdictions, including local governments, schools, state agencies, and higher education, and minimizing ad hoc disputes or litigation over PERB’s contextual analyses.
(d) Updates to trainings, policies, or related materials, if any, would occur in the ordinary course of administrative compliance with current PERB precedents or during routine collective bargaining cycles, without costs attributable to this act. Memoranda of understanding do not typically recite labor relations statutes verbatim and are enforced through PERB processes rather than grievances, so no mandatory revisions or fiscal impacts arise from codification.
(e) This act is expected to yield fiscal savings for public employers and the state by promoting compliance with existing law, reducing unintentional violations, and thereby decreasing the number of unfair labor practice charges, grievances, PERB proceedings, cease-and-desist remedies, backpay awards, attorney’s fees, and related litigation costs that currently stem from ambiguities in applying case-specific PERB decisions.
(f) This act does not expand PERB’s workload or create new categories of claims.
SEC. 2.SECTION 1.
Section 3558.9 is added to the Government Code, to read:
3558.9.
(a) (1) A public employer shall not question a public employee, a representative of a recognized employee organization, or an exclusive representative regarding communications made in confidence between a public employee and the representative in connection with representation relating to any matter within the scope of the recognized employee organization’s representation.
(2) Paragraph (1) is intended to be consistent with, and not in conflict with, William S. Hart Union High School District (2018) PERB Decision No. 2595.
(b) A public employer shall not compel a public employee, a representative of a recognized employee organization, or an exclusive representative to disclose to a third party, communications made in confidence between a public employee and the representative in connection with representation relating to any matter within the scope of the recognized employee organization’s representation.
(c) Notwithstanding subdivisions (a) and (b), this section does not apply to a criminal investigation and does not supersede Section 3303.