BILL ANALYSIS Ó
AB 195
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Date of Hearing: April 13, 2011
ASSEMBLY COMMITTEE ON PUBLIC EMPLOYEES, RETIREMENT AND SOCIAL
SECURITY
Warren T. Furutani, Chair
AB 195 (Roger Hernandez) - As Amended: March 21, 2011
SUBJECT : Local public employee organizations.
SUMMARY : Provides a comprehensive list of actions that a
public agency employer is prohibited from engaging in.
Specifically, this bill :
1)Prohibits a public agency employer from doing any of the
following:
a) Impose, or threaten to impose, reprisals on employees
who exercise their rights under the Meyers-Milias-Brown Act
(MMBA).
b) Deny to employee organizations rights guaranteed to them
under the MMBA.
c) Refuse or fail to meet and negotiate in good faith with
an exclusive representative.
d) Knowingly provide an employee organization with
inaccurate information.
e) Dominate or interfere with the formation or
administration of an employee organization.
f) Refuse to participate in good faith in impasse
procedures, as specified.
EXISTING LAW :
1)As established by the Meyers-Milias-Brown Act (MMBA),
prohibits local public agencies and employee organizations
from interfering with, intimidating, restraining, coercing or
discriminating against public employees because they have
chosen to join, or not join, an employee organization.
2)As established under the Educational Employment Relations Act
(EERA), also known as the Rodda Act, prohibits a public school
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employer from doing any of the following:
a) Impose, or threaten to impose, reprisals on employees
who exercise their rights under the EERA.
b) Deny to employee organizations rights guaranteed to them
under the EERA.
c) Refuse or fail to meet and negotiate in good faith with
an exclusive representative.
d) Knowingly providing an exclusive representative with
inaccurate information, whether or not in response to a
request for information, regarding the financial resources
of the public school employer.
e) Dominate or interfere with the formation or
administration of an employee organization.
f) Refuse to participate in good faith in impasse
procedures, as specified.
FISCAL EFFECT : Unknown.
COMMENTS : According to the author, "The MMBA states that
public agencies may not interfere, intimidate, restrain, coerce
or discriminate against employees because of their exercise of
protected rights. This sweeping provision has been interpreted
by the Courts, and now by the Public Employment Relations Board,
in a manner that is substantially similar to the clearly
outlined protections in the EERA. The substantive difference
between the courts' interpretation of the MMBA and the EERA is
the prohibition in the latter against providing inaccurate
information. AB 195 would eliminate any confusion related to
unfair labor practices by setting for a list of unfair practices
that are prohibited under the MMBA. These unfair practices
mirror those prohibited under the EERA."
Supporters state, AB 195 will clarify what specific acts against
an employee and an employee organization constitute a violation
of the law. This will also include failing to negotiate in good
faith, knowingly providing false information to the union,
interfering with a union, or refusing to participate in impasse
proceedings. The protections for concerted activity are
essential to collective bargaining rights. Greater clarity
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benefits management and workers in complying with the law."
According to opponents, "With the enactment of SB 739 (Solis),
Chapter 901, Statutes of 2000, a transfer of the administration
of the MMBA was made to the Public Employment Relations Board
(PERB). Accordingly, PERB adopted regulations for public
agencies setting forth unfair labor practices for both employers
and employee organizations. These regulations are substantially
similar to the unfair labor practice definitions under the EERA.
The provisions in AB 195 are unnecessary and duplicative and we
are unaware of any reason as to why existing regulations must be
codified in statute."
Opponents conclude, "AB 195 would additionally expand upon
existing regulations by prohibiting public agencies from
providing employee organizations with 'inaccurate information'.
This differs from current unfair labor practice language under
the EERA, which specifies 'inaccurate information' as pertaining
to financial resources. Prohibiting public agencies from
providing any unspecified inaccurate information to employee
organizations is considerably broader than prohibitions place on
other public employers and leaves those agencies under the MMBA
open to a bevy of unfair labor practice charges and with the
burden of proving that any information provided to the employee
organizations was accurate."
The committee is informed that the author will be offering
amendments in Committee that declare it is the intent of the
Legislature that the addition of this section to the Government
Code is technical and clarifying of existing law.
REGISTERED SUPPORT / OPPOSITION :
Support
American Federation of State, County and Municipal Employees
(Sponsor)
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California Conference Board of the Amalgamated Transit Union
California Conference of Machinists
California Labor Federation
California Teamsters Public Affairs Council
Professional and Technical Engineers, Local 21
Opposition
Association of California Water Agencies
California State Association of Counties
Regional Council of Rural Counties
Analysis Prepared by : Karon Green / P.E., R. & S.S. / (916)
319-3957