BILL ANALYSIS Ó
AB 195
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CONCURRENCE IN SENATE AMENDMENTS
AB 195 (Roger Hernández)
As Amended July 11, 2011
Majority vote
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|ASSEMBLY: |51-23|(May 5, 2011) |SENATE: |24-14|(August 18, |
| | | | | |2011) |
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Original Committee Reference: P.E.,R.& S.S.
SUMMARY : Declares 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.
Specifically, this bill :
1)Prohibits a public agency employer from doing any of the
following:
a) Imposing, or threatening to impose, reprisals on employees
who exercise their rights under the Meyers-Milias-Brown Act
(MMBA);
b) Denying to employee organizations rights guaranteed to them
under the MMBA;
c) Refusing or failing to meet and negotiate in good faith with
an exclusive representative or to knowingly provide an employee
organization with inaccurate information regarding the
financial resources of the employer;
d) Dominating or interfering with the formation or
administration of an employee organization; and,
e) Refusing to participate in good faith in impasse procedures,
as specified.
2)Declares it is the intent of the Legislature that the addition of
this section to the Government Code is technical and clarifying of
existing law.
The Senate amendments revise and recast the bill's provisions.
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EXISTING LAW :
1)Prohibits, as established by the MMBA, 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)Prohibits, as established under the Educational Employment
Relations Act (EERA), also known as the Rodda Act, a public school
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; and,
f) Refuse to participate in good faith in impasse procedures,
as specified.
AS PASSED BY THE ASSEMBLY , this bill was substantially similar to
the version approved by the Senate.
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
AB 195
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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 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."
Analysis Prepared by : Karon Green / P.E., R. & S.S. / (916)
319-3957 FN: 0001637
AB 195
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