BILL ANALYSIS
AB 1807
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Date of Hearing: March 16, 2010
ASSEMBLY COMMITTEE ON HIGHER EDUCATION
Anthony Portantino, Chair
AB 1807 (Fong) - As Introduced: February 10, 2010
SUBJECT : California Community Colleges: temporary employees.
SUMMARY : Requires a California Community College (CCC)
district that hires temporary employees to place those employees
on a reemployment preference list. Specifically, this bill :
1)Requires a CCC district to place the name of a temporary
employee on a reemployment preference list for each faculty
service area if the temporary employee meets all of the
following criteria:
a) Completion of six semesters or nine quarters of
employment at a CCC within the last six academic years; but
provides that, subject to the terms of a local collective
bargaining agreement, this minimum term may be a lesser
number of semesters or quarters;
b) Has no break in service exceeding 24 consecutive months
within the last six academic years; but provides that,
subject to the terms of a local collective bargaining
agreement, the maximum break in service may be a greater
number of consecutive months;
c) Has at least one assignment per term of employment
within a faculty service area, at a minimum of 20% of a
full-time load or the equivalent thereof; and
d) The employee's most recent evaluation of performance was
satisfactory, or the employee is in good standing under the
terms of the local collective bargaining agreement.
2)Provides that the faculty names on the list shall be
prioritized based on the earliest date of hire; but provides
that, subject to the terms of a local collective bargaining
agreement, this priority may, instead, be based on the number
of semesters employed at a CCC district or other professional
employment rankings.
3)Requires the CCC district to provide a temporary employee
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whose name appears on the reemployment preference list with
the right of first refusal to teach an assignment in the
faculty service area for any semester or quarter that is equal
to the total number of hours or units assigned to the employee
for the prior semester or quarter or the number of hours or
units set forth under the terms of the applicable local
collective bargaining agreement.
4)Provides that such aforementioned employee shall have the
right of first refusal to teach that assignment before any
person who is ranked lower on the reemployment preference list
or whose name does not appear on that list, for as long as
there is a need for the assignment for which the employee is
qualified and as long as the employee's name remains on the
list.
5)Provides that if a reduction in course offerings, funding, or
enrollment results in the suspension of employment of a
temporary employee subject to this section, the employee's
name shall remain on the reemployment preference list, and the
employee shall continue to have the right of first refusal
described above for a period not exceeding two years after the
last date on which the employee would have been eligible to be
placed on the reemployment preference list. Provides that,
subject to the terms of a local collective bargaining
agreement, that period may be a greater number of years,
semesters, or quarters.
6)Provides that a determination as to the effect of an
assessment of performance or good standing, course scheduling
and assignment priority, a break in service, program needs and
reductions, removal from the reemployment preference list and
procedures for that removal, consideration for an increase in
assignment, or any other matters affecting the reemployment
preference list, is subject to local collective bargaining
agreements.
7)Provides that employment rights established by the
reemployment preference list shall not be construed as a
reasonable assurance of reemployment for purposes of
unemployment compensation eligibility between academic terms.
8)Provides that compliance with this bill may be addressed
through local collective bargaining units, the Public
Employment Relations Board, or any other appropriate
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governmental agency.
9)Establishes Legislative intent that the reemployment
preference list established by this bill supplement, and not
supplant, reemployment preference rights negotiated pursuant
to local collective bargaining agreements in effect, or any
other reemployment preference rights established at the local
level, on or before January 1, 2011.
10)Provides that, if the provisions of this section are in
conflict with the terms of a collective bargaining agreement
in effect on or before January 1, 2011, the provisions of this
section shall govern the employees subject to that agreement
upon the expiration of the agreement.
EXISTING LAW expresses Legislative intent and makes Legislative
findings and declarations regarding temporary faculty, including
that, whenever possible, CCC temporary faculty be compensated
appropriately and extended certain professional privileges.
Requires the issue of earning and retaining reappointment rights
for temporary faculty is a mandatory subject of negotiation with
respect to collective bargaining of new or successor contracts
between CCC districts and temporary faculty.
Requires the CCC Board of Governors (BOG) to adopt regulations
regarding the percent of credit instruction that shall be taught
by full-time faculty, and authorizes CCC districts with less
than 75% full-time instructors to apply a portion of their
"program-improvement" funds toward reaching a 75% standard.
However, the state has since stopped providing
program-improvement funds, and the CCC BOG has since required
CCC districts to provide a portion of their growth funds to
hiring more full-time faculty. To date, most CCCs have yet to
reach the 75% standard.
A complete summary of existing law regarding the employment of
CCC faculty is beyond the scope of this analysis; however, it is
important to note there are extensive, complex statutes, many of
which apply to regular, contract, and temporary academic
employees, in a wide array of situations related to multiple
aspects of CCC district employment.
FISCAL EFFECT : Unknown. This bill has been keyed non-fiscal by
Legislative Counsel; however, the Assembly Appropriations
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Committee has requested to hear this bill.
COMMENTS : Background : For over 20 years, the Legislature has
considered various efforts to address the issue of CCC districts
hiring temporary (part-time) faculty members in lieu of
full-time faculty. Much of the reason to utilize temporary
faculty is the lower costs associated with such faculty. While
the issue remains a major area of debate, many believe students
are under-served by a lack of permanent faculty, who are more
accessible and may have more teaching expertise in core
curriculum. Additionally, there are numerous equity concerns
surrounding temporary faculty. Several studies on CCC temporary
faculty found that CCC districts pay temporary faculty
significantly less than full-time faculty performing the same
duties, and nearly half of temporary faculty reported not
receiving any type of benefits from their CCC district. In
2008, 18,200 members of CCC teaching faculty were full-time
(tenure or tenure track) and 45,257 classified as temporary.
CCC district reemployment policies : AB 1245 (Alquist), Chapter
850, Statutes of 2001, required the issue of reappointment
rights for temporary faculty be a subject of negotiation during
collective bargaining and provided that reappointment rights may
be based on whatever factors are agreed to by both parties.
Many districts have established reappointment rights policies
under existing law. These policies vary in specifics and it is
unclear how many of these policies are in conflict with the
provisions of this bill. For example, Grossmont-Cuyamaca
Community College District's (GCCCD) reemployment policy
provides course-specific reemployment preference. At GCCCD,
once a temporary faculty member has taught a course 8 times,
that individual has the right to be offered that course
assignment prior to someone with less preference, no preference,
or a new hire. This bill would establish a uniform practice
among CCC districts regarding reemployment rights, requiring
faculty assignment decisions be based primarily on seniority,
and preference rights to include all courses in negotiated
faculty service areas, not just the specific courses previously
taught by the faculty.
Purpose of this bill : The California Federation of Teachers
(CFT) argues that California's higher education system has
become far too dependent on a temporary workforce that is poorly
compensated and lacks basic supports and benefits. According to
CFT members, the flexibility to negotiate reemployment policies
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at each CCC district has resulted in unfair and unreliable
reemployment practices in some CCC districts. Additionally,
many temporary faculty create full-time teaching schedules
through employment in two or more CCC districts. The various
differences in reemployment policies in these CCC districts make
it difficult for temporary faculty to plan their upcoming
teaching schedules. By establishing a more uniform reemployment
policy that requires CCC districts to establish reemployment
preference lists and provides ranked employees with rights of
first refusal to teaching assignments in their faculty service
area, CFT believes that this bill will ensure fair reemployment
practices that increase stability for temporary faculty and the
students they serve.
Issues to consider : This bill would potentially result in CCCs
having less flexibility to make decisions regarding faculty
assignments.
1)The Committee may wish to consider how decreased flexibility
in hiring might affect CCC districts ability to respond to the
educational needs of the students they serve.
2)The Committee may wish to consider if this bill will have the
effect of creating greater instability for temporary faculty
should CCC districts be compelled not to re-hire a faculty
member in order to prevent the requirement that the faculty
member be placed on the reemployment preference list.
Committee staff recommendation : The effectiveness of existing
law in serving CCC districts, temporary faculty, and students is
unclear as there is little available data on the outcomes that
have resulted since the implementation of AB 1245. Committee
staff notes that this bill provides for a significant change
from existing law, which provides flexibility for CCC districts
to negotiate reemployment rights. Without data regarding the
adequacy of existing law, the author and Committee may wish to
consider if it would be more appropriate to find middle ground
between full CCC district negotiating flexibility and the
establishment of a statewide policy on reemployment practices.
For example, this bill could be amended to expand existing law
to require the establishment of reemployment preference policies
at CCC districts but allow the specifics of each CCC district
policy to be established through local collective bargaining.
REGISTERED SUPPORT / OPPOSITION :
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Support
California Federation of Teachers
California Labor Federation
California Part-Time Faculty Association
California Teachers Association
Communication Workers of America
Community College Association
Faculty Association of California Community Colleges
Opposition
None on File
Analysis Prepared by : Laura Metune / HIGHER ED. / (916)
319-3960