BILL ANALYSIS
AB 1807
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Date of Hearing: May 19, 2009
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Felipe Fuentes, Chair
AB 1807 (Fong) - As Amended: May 6, 2010
Policy Committee: Higher
EducationVote:8-0
Urgency: No State Mandated Local Program:
Yes Reimbursable: Yes
SUMMARY
This bill requires community college districts (CCDs), through
collective bargaining, to establish and implement reemployment
preference lists for part-time faculty, based on specified
criteria. Specifically, this bill:
1) Requires the CCDs, through local collective bargaining,
to do all of the following:
a) Determine designated discipline areas of faculty
assignments, as specified, and place part-time faculty
meeting the following criteria on a reemployment preference
list for each discipline area:
i) Completion of a locally-bargained minimum number of
semesters or quarters and no break in service exceeding
24 months, at a community college within the most recent
four academic years.
ii) At least one assignment per term of employment
within a designated area of faculty assignment, at a
minimum of 20% of a full-time load.
iii) The employee's most recent performance evaluation is
satisfactory and the employee is in good standing.
b) Prioritize the names on the reemployment list and
provide employees, according to their ranking on the list,
with the right of first refusal to teach in their
designated area of faculty assignment.
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2) Stipulates that, if a reduction in course offerings,
funding, or enrollment results in a suspension of
employment of a part-time employee, the employee shall
remain on the list for up to two years after the last date
on which the employee would have been eligible to be placed
on the list.
3) States that, to the extent the above provisions conflict
with a bargaining agreement in effect on January 1, 2011,
the terms of bargaining agreement shall apply until its
expiration.
FISCAL EFFECT
A number of the 72 CCDs currently have reemployment policies,
though it is unlikely that many of these policies conform to the
parameters specified in this bill.
Most districts would incur costs for additional collective
bargaining associated with establishing or modifying faculty
assignment areas (for purposes of the reemployment list) and
establishing or modifying a reemployment policy within the
specified parameters. The state currently is required to pay
about $7.5 million annually (GF/Prop. 98) to reimburse districts
for mandated costs associated with collective bargaining. If the
additional tasks increased bargaining costs by just five
percent, state reimbursable costs would increase by $375,000.
Assuming all districts would complete new bargaining agreements
within the first two years, total one-time costs related to
bargaining would be $750,000.
In addition to the bargaining costs, each community college will
incur one-time costs to train staff implementing the policy and
to establish the initial lists or, for those districts with an
existing reemployment policy, to revise their existing lists
into conformance with the new policy. It is assumed that
reemployment lists would be established and maintained at the
department level or some similar academic unit within a college.
Assuming costs averaging $10,000 per college, total one-time
reimbursable costs for 109 colleges would be $1,090,000, or
$545,000 per year over two years. It is assumed that costs of
maintaining the reemployment list would not be significant.
In summary, GF/Prop. 98 costs would be around $920,000 per year
for two years.
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COMMENTS
1) Background . For over 20 years, the Legislature has
considered various efforts to address the issue of CCDs
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.
Several studies on temporary faculty found that CCDs 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 district. In 2008, 18,200 members of CCC teaching
faculty were full-time (tenure or tenure track) and 45,257
classified as temporary.
Current law requires that the issue of reappointment rights
for temporary faculty be a subject of negotiation during
collective bargaining and provides that reappointment rights
may be based on whatever factors are agreed to by both
parties. Many districts have thus formalized such practices
through the bargaining process. This bill mandates that every
CCD establish and implement a reemployment scheme, to be
bargained within certain parameters specified in the bill.
2) Purpose . The California Federation of Teachers (CFT)
argues that California's higher education system has become
far too dependent on a poorly compensated, temporary
workforce lacking basic support and benefits. According to
CFT, the flexibility to negotiate reemployment policies at
each CCD has resulted in unfair and unreliable reemployment
practices in some districts. Additionally, many temporary
faculty create full-time teaching schedules through
employment in two or more districts. The varying
reemployment policies among CCDs make it difficult for
temporary faculty to plan their teaching schedules. CFT
contends that establishing a more uniform reemployment
policy requiring preference lists, and ranking employees
with rights of first refusal to teaching assignments in
their faculty service area will ensure fair reemployment
practices, thus increasing stability for temporary faculty
and their students.
3) Opposition . The Community College League argues that
"While the bill may echo the best practices of a few
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community college districts, the League is concerned that
mandating one system for all districts at a time of
significant cutbacks could adversely impact the courses
available for students, could significantly increase the
cost of compliance and legal risk of districts implementing
the system, and thwart achievement of the diversity goals
and objectives of local community college districts."
Analysis Prepared by : Chuck Nicol / APPR. / (916) 319-2081