Section 8438.

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It is unlawful for the Department of Human Resources or the Governor’s designee, the State Department of Social Services, the State Department of Education, 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 8431, 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 article. For purposes of this subdivision and subdivision (f), “provider” includes individuals seeking to participate in state-funded early care and education programs as providers.

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

(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 8437.

(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. 2019, Ch. 385, Sec. 20. (AB 378) Effective January 1, 2020.)


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