BILL ANALYSIS                                                                                                                                                                                                    Ó






          SENATE PUBLIC EMPLOYMENT & RETIREMENT    BILL NO:  AB 195
          Gloria Negrete McLeod, Chair Hearing date:  June 27, 2011
          AB 195 (Roger Hernández)    as amended  6/06/11          
          FISCAL:  NO

           LOCAL PUBLIC AGENCY EMPLOYERS:  PROHIBITED ACTIVITIES
           
           HISTORY  :

              Sponsor:  American Federation of State, County and 
                   Municipal Employees (AFSCME), AFL-CIO

              Prior legislation:  SB 931 (Vargas), 2011
                        Currently on the Assembly Floor


           ASSEMBLY VOTES  :

              PER & SS             4-1       4/13/11
              Assembly Floor       51-23     5/05/11
           

          SUMMARY  :

          This bill would declare the intent of the Legislature to 
          provide technical and clarifying changes to existing law by 
          providing a list of actions that a public agency employer is 
          prohibited from engaging in regarding the exercise of 
          guaranteed public employee rights.
          

           BACKGROUND AND ANALYSIS  :
          
           1)Existing law  :

             a)   establishes the Meyers-Milias-Brown Act (MMBA) which 
               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;

             b)   grants public employees the right to form, join, and 
          Michael Bolden
          Date:  6/15/11                                         Page 1 










               participate in the activities of employee organizations 
               of their own choosing for the purpose of representation 
               on all matters of employer-employee relations;

             c)   grants public employees the right to refuse to join 
               or participate in the activities of employee 
               organizations and to represent themselves individually 
               in their employment relations with the public agency;

             d)   establishes the Educational Employment Relations Act 
               (EERA) which specifically prohibits a public school 
               employer from doing any of the following:

               i)     imposing, or threatening to impose, reprisals on 
                 employees who exercise their rights under the EERA;

               ii)    denying employee organizations' rights guaranteed 
                 to them under the EERA;

               iii)   refusing or failing to meet and negotiate in good 
                 faith with an exclusive representative;

               iv)    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;

               v)     dominating or interfering with the formation or 
                 administration of an employee organization, and

               vi)     refusing to participate in good faith in impasse 
                 procedures, as specified.

           2)This bill  :

             a)   would amend the MMBA to contain certain prohibitions 
               that are similar to provisions under the EERA;

             b)   prohibits a public agency employer subject to the 
               MMBA from doing any of the following:

               i)     imposing or threatening to impose reprisals on 
                 employees; discriminating or threatening to 
          Michael Bolden
          Date:  6/15/11                                         Page 2 










                 discriminate against employees, or interfering with, 
                 restraining, or coercing public employees because of 
                 their exercise of rights under the MMBA;

               ii)    denying employee organizations' rights guaranteed 
                 to them under the MMBA;

               iii)   refusing or failing to meet and negotiate in good 
                 faith with an exclusive representative;

               iv)    knowingly providing an employee organization with 
                 inaccurate information, as specified;

               v)     dominating or interfering with the formation or 
                 administration of an employee organization; 
                 contributing financial or other support to any 
                 employee organization, or encouraging employees to 
                 join any organization in preference to another, and

               vi)    refusing to participate in good faith in impasse 
                 procedures, as specified.

             c)   declares the intent of the Legislature that the 
               addition of this section to the Government Code is 
               technical and clarifying of existing law.

           
          FISCAL:  

          According to the Assembly Appropriations Committee, the costs 
          of this bill are unknown.


           COMMENTS  :

           1)Arguments in Support  

          According to the author:

               The MMBA prohibits certain activities by a public agency 
               employer against employees because of their exercise of 
               protected rights.  "However, the MMBA does not provide a 
               comprehensive list of unfair practices that a public 
          Michael Bolden
          Date:  6/15/11                                         Page 3 










               agency employer is enjoined from committing, Ýwhich] may 
               cause confusion on the part of the public agency Ýas to] 
               whether its actions create a risk of liability, Ýand] 
               may leave employees uncertain of their rights under the 
               MMBA."

               "This bill sets forth a list of unfair practices that 
               are prohibited under the MMBA Ýand] mirror those 
               prohibited under the EERA."

          According to the sponsor:

               "Current law has been interpreted by the courts and the 
               Public Employment Relations Board (PERB) in a manner 
               that is substantially similar to the protections in the 
               EERA.  However, the MMBA does not contain a similar list 
               of prohibitions by public employer agencies regarding 
               unfair practices against public employees and employee 
               organizations.  This bill would clarify which acts by a 
               public agency employer that constitute unlawful and 
               unfair practices prohibited under the MMBA, and would 
               make existing policy more transparent by identifying a 
               clear list of unfair practices in the MMBA."

           2)Arguments in Opposition  
             
           According to the California State Association of Counties 
          (CSAC):  

                "ÝPursuant to SB 739 of 2000], the PERB adopted 
               regulations for public agencies defining unfair labor 
               practices for both employers and employee organizations. 
                These regulations are substantially similar to the 
               unfair labor practice definitions under the EERA.  ÝThis 
               bill] expands those protections to applicants for 
               employment or reemployment.  Counties do not seek the 
               right to discriminate and believes that applicants for 
               employment have protections against discrimination under 
               the Fair Employment and Housing Act, but objects to 
               conferring rights on applicants for employment.  This 
               goes beyond current law and is not part of the MMBA or 
               PERB's regulation of the relationship between public 
               employers and represented employees."
          Michael Bolden
          Date:  6/15/11                                         Page 4 











            Similar to CSAC's concerns, other opponents contend that 
            this bill expands existing regulations by prohibiting 
            public agencies from knowingly providing employee 
            organizations with 'inaccurate information' which 
            specifically pertains to financial resources under the 
            EERA, and that this bill would increase PERB's duties and 
            costs related to MMBA administration.

          3)   SUPPORT  :

            American Federation of State, County and Municipal 
             Employees (AFSCME), AFL-CIO Sponsor
            Association for Los Angeles Deputy Sheriffs (ALADS)
            California Conference Board of the Amalgamated Transit 
            Union (ATU)
            California Conference of Machinists
            California Labor Federation (CLF)
            California State Employees Association (CSEA)
            California Teamsters Public Affairs Council
            Glendale City Employees Association (GCEA)
            Los Angeles Probation Officers Union, AFSCME, Local 685
            Orange County Professional Firefighters' Association, IAFF, 
            Local 3631
            Organization of SMUD Employees (OSE)
            Professional and Technical Engineers, Local 21
            Riverside Sheriffs' Association
            San Bernardino Public Employees Association (SBPEA)
            San Luis Obispo County Employees Association (SLOCEA)
            Santa Rosa City Employees Association (SRCEA)

          4)   OPPOSITION  :

            Association of California Water Agencies (ACWA)
            California Special Districts Association (CSDA)
            California State Association of Counties (CSAC)
            Desert Water Agency (DWA), Oppose unless amended
            East Valley Water District (EVWD), Oppose unless amended
            El Dorado Irrigation District (EID), Oppose unless amended
            League of California Cities (LCC)
            Regional Council of Rural Counties (RCRC)


          Michael Bolden
          Date:  6/15/11                                         Page 5 












                                      #####






































          Michael Bolden
          Date:  6/15/11                                         Page 6