It is unlawful for the Department of Human Resources or the Governor’s designee, the department, or any state agency or department charged with the administration of any state-funded early care and education program, as defined in subdivision (f) of Section 10421, to do any of the following:

(a) Impose or threaten to impose reprisals on providers, to discriminate or threaten to discriminate against providers, or otherwise to interfere with, restrain, or coerce providers because of their exercise of rights guaranteed by this chapter. For purposes of this subdivision and subdivision (f), “provider” includes individuals seeking to participate in state-funded early care and education programs as providers.

Terms Used In California Welfare and Institutions Code 10427.5

  • Certified provider organization: means a provider organization that is certified by the Public Employment Relations Board as the representative of family child care providers in an appropriate unit after a proceeding under Section 10424. See California Welfare and Institutions Code 10421
  • Mediation: means an effort by an impartial third party to assist in reconciling a dispute regarding matters within the scope of representation between representatives of the Governor and the certified provider organization through interpretation, suggestion, and advice. See California Welfare and Institutions Code 10421
  • provider: means a child care provider who participates in a state-funded early care and education program as specified in subdivision (f) and is either of the following:

    California Welfare and Institutions Code 10421

  • Provider organization: means an organization that has all of the following characteristics:

    California Welfare and Institutions Code 10421

  • State-funded early care and education program: means a program administered by the department, another department or agency, or a political subdivision of the state, including programs established subsequent to the enactment of this chapter, to subsidize early learning and care for children, but does not include the public education system. See California Welfare and Institutions Code 10421

(b) Deny to provider organizations rights guaranteed to them by this chapter.

(c) Refuse or fail to meet and confer in good faith with the certified provider organization.

(d) Dominate or interfere with the formation or administration of any provider organization, or contribute financial or other support to it, or in any way encourage providers to join any provider organization in preference to another.

(e) Refuse to participate in good faith in the mediation procedure set forth in Section 10427.

(f) Deter or discourage providers from becoming or remaining members of a provider organization, or from authorizing representation by a provider organization, or from authorizing dues or other voluntary deductions to a provider organization.

(Added by Stats. 2021, Ch. 116, Sec. 260. (AB 131) Effective July 23, 2021.)

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