BILL ANALYSIS
AB 1463
Page 1
ASSEMBLY THIRD READING
AB 1463 (Eng)
As Introduced February 23, 2007
Majority vote
PUBLIC EMPLOYEES 4-2 APPROPRIATIONS
(vote not
available)
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|Ayes:|Hernandez, Mullin, | | |
| |Swanson, Torrico | | |
| | | | |
|-----+--------------------------+-----+--------------------------|
|Nays:|Jeffries, Anderson | | |
| | | | |
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SUMMARY : Expands the definition of public school employer or
employer to include certain joint powers agencies (JPAs) for the
purposes of collective bargaining. Specifically, this bill :
1)Includes within the definition of public school employer or
employer a JPA, provided that the JPA meet all of the
following criteria:
a) It is separate from the contracting parties to the joint
powers agreement;
b) It has its own employees; and,
c) Any of the following are true:
i) It provides services primarily performed by a school
district, county board of education, or county
superintendent of schools;
ii) A school district, county board of education, or
county superintendent of schools is designated as the
party to the JPA whose power is subject to the
restrictions upon the manner of exercising the power of
one of the contracting parties; or,
iii) It is comprised solely of school agencies.
2)Excludes from the definition, those JPAs that provide
AB 1463
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insurance services.
EXISTING LAW :
1)Provides, relative to JPAs, that if authorized by their
legislative or other governing bodies, two or more public
agencies by agreement may jointly exercise any power common to
the contracting parties.
2)States that "public agency" includes, but is not limited to,
the federal government or any federal department or agency,
this state, another state or any other state department or
agency, a county, county board of education, county
superintendent of schools, city, public corporation, public
district, or regional transportation commission of this or
another state.
3)Provides, relative to employer-employee relations, the
Education Employment Relations Act (EERA) requires school
districts and county officers of education to engage in
collective bargaining with employees.
4)Requires JPAs to comply with the "meet and confer"
requirements of the Meyers-Milias-Brown Act (MMBA)
FISCAL EFFECT : According to the Assembly Appropriations
Committee:
1)Annual state mandate reimbursement costs of $500,000 to $1
million, depending on how many JPAs engage in collective
bargaining under the bill. State payments count against the
Proposition 98 guarantee.
2)Potential increased costs to school districts for wages and
benefit increases resulting from collective bargaining
agreements between JPAs and their employees. These costs would
not be reimbursable.
COMMENTS : According to supporters, "In 1990, the Public
Employment Relations Board issues a decision stating that JPAs
were not specifically authorized under the EERA to engage in
collective bargaining. As a result, JPAs must comply with the
MMBA which calls for a "meet and confer" process but does not
provide all of the procedural elements of the EERA which could
result in egregious labor abuses. For example, it is possible
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for a JPA to lay off workers and hire them back with reduction
in salary, hours, working conditions, and classification changes
without regard to negotiated criteria under MMBA."
Supporters conclude, "Current JPAs in the education field employ
individuals to do substantially similar tasks as those in
regular public schools. There is no reason why JPA employees
should be treated any differently than regular public school
employees. This bill will expand the definition of 'public
school employer' under the EERA to include JPAs for the purposes
of collective bargaining."
This bill is similar to AB 91 (Hertzberg) of 1999 that was
vetoed by the Governor. In his veto message, the Governor
stated, "The costs incurred by public school employers for
collective bargaining are currently reimbursable by the State.
The need to extend collective bargaining in school-related joint
powers agencies has not been demonstrated. However, for school
districts and county offices of education choosing to form joint
powers agencies, this bill may result in situations where the
State is required to backfill Public Employees' Retirement
System contributions for employees whose employment is
transferred to joint powers agencies. Based on this, I am
unable to support this measure."
Analysis Prepared by : Karon Green / P.E., R. & S.S. / (916)
319-3957
FN: 0001061