BILL ANALYSIS Ó ------------------------------------------------------------ |SENATE RULES COMMITTEE | AB 501| |Office of Senate Floor Analyses | | |1020 N Street, Suite 524 | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ------------------------------------------------------------ THIRD READING Bill No: AB 501 Author: Campos (D) Amended: 4/6/11 in Assembly Vote: 21 SENATE PUBLIC EMPLOY. & RETIRE. COMMITTEE : 3-2, 6/27/11 AYES: Negrete McLeod, Padilla, Vargas NOES: Walters, Gaines SENATE APPROPRIATIONS COMMITTEE : 6-3, 8/25/11 AYES: Kehoe, Alquist, Lieu, Pavley, Price, Steinberg NOES: Walters, Emmerson, Runner ASSEMBLY FLOOR : 51-27, 5/31/11 - See last page for vote SUBJECT : Public school employment SOURCE : California Federation of Teachers California School Employees Association DIGEST : This bill expands the definition of exclusive representative, and public school employer or employer, as specified. ANALYSIS : Existing law: 1. Establishes the Educational Employment Relations Act (EERA) which provides a process by which employees of CONTINUED AB 501 Page 2 the public schools and the community colleges may select an exclusive representative to represent them as part of a bargaining unit within their district. 2. Establishes the Public Employment Relations Board (PERB) as the state agency that has broad authority to enforce the EERA with regard to labor relations activities between a public school and any person (except management and confidential employees) employed by a public school employer, including community colleges. 3. Defines "exclusive representative" for purpose of the EERA as the employee organization recognized or certified as the exclusive negotiating representative of certificated or classified employees in an appropriate unit of a public school employer. 4. Defines "public school employer" for the purpose of negotiations on collective bargaining agreements covering public school employees, as the governing board of a school district, a school district, a county board of education, a county superintendent of schools, or certain charter schools. 5. Provides that, if authorized by their legislative or other governing bodies, two or more public agencies meeting specified conditions can enter into a joint agreement thereby becoming a Joint Powers Agency (JPA), which allows them to exercise powers common to the contracting parties. 6. Specifies that "public agency" includes, but is not limited to, the federal government or any federal department or agency, the state, another state or any other state department or agency, a county, county board of education, county superintendent of schools, city, public corporation, public district, or regional transportation commission of this or another state. 7. Allows the governing board of a community college district to establish auxiliary organizations for the purpose of providing supportive services and specialized programs for the general benefit of its college or colleges. CONTINUED AB 501 Page 3 8. Defines community college "auxiliary organization" to include, but is not limited to entities created to support, benefit, or promote a community college or district, and which are under the governance of the district or a district representative. This bill clarifies that all public school employees have the right to union representation by amending: 1. The definition of "exclusive representative" to mean the employee organization recognized or certified as the exclusive negotiating representative for all public school employees rather than certificated or classified employees. 2. The definition of "public school employer" or "employer" to include specified auxiliary organizations established by the California Community Colleges (CCC), and joint powers agencies that are comprised solely of school agencies, as specified. FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes Local: Yes According to the Senate Appropriations Committee: Fiscal Impact (in thousands) Major Provisions 2011-12 2012-13 2013-14 Fund CCC bargaining expenses unknown, potentially significant General* JPA bargaining unknown, potentially $750 General PERB admin expenses likely minor, absorbable General *Counts toward meeting the Proposition 98 minimum funding guarantee. SUPPORT : (Verified 8/29/11) CONTINUED AB 501 Page 4 California Federation of Teachers (co-source) California School Employees Association (co-source) American Federation of State, County and Municipal Employees, AFL-CIO California Labor Federation California State Pipe Trades Council California Teachers Association Coalition of California Utility Employees International Brotherhood of Electrical Workers International Laborers Association International Union of Elevator Constructors Laborers' International Union of North America, Local 777 Service Employees International Union Utility Workers Union of America Western States Council of Sheet Metal Workers OPPOSITION : (Verified 8/29/11) California Association of School Business Officials California School Boards Association Riverside County School Superintendents' Association ARGUMENTS IN SUPPORT : According to the author: "This bill stems from two erroneous Public Employment Relations Board (PERB) decisions that prevented the organization of certain types of school employees, and prevented the organization of employees of a JPA comprised of public school entities. In Castaic Union School District v. CSEA (2010), the PERB drastically narrowed the scope of public school employees covered by the EERA and all of the rights afforded to them under that statute. PERB ruled that noon-time duty aides were ineligible to receive representation rights because they are neither certified nor classified public school employees. ŬAlso in PERB's ruling], PERB ruled that, prospectively, bargaining units including any such employees must be denied, but that existing bargaining units included these "excluded" employees are not required to be modified. The Castaic ruling will not only adversely impact noon-duty aides, but is certain to harm other public school and community college employees." CONTINUED AB 501 Page 5 The author also points out that in San Jose/Evergreen Community College District (2007), the PERB ruled that employees of a JPA consisting of public schools were not eligible for organization. Here, school employees were considered "public school employees" for purposes of the EERA until the JPA was created, although they continued to perform the same work. This decision allowed districts to circumvent the EERA and deny their employees union representation. Finally, the author notes that "ŬThis bill] would clarify Ŭexisting law] to reflect the intention of the Legislature that public school employees have a right to join Ŭa] representative organization of their own choice, and that any person employed by a JPA that is composed of one or more public school employers is a public school employee." Other proponents contend that the PERB's decision "were wrongfully decided and present a dangerous precedent for all employee organizations." ARGUMENTS IN OPPOSITION : According to opponents, by extending collective bargaining requirements to JPAs, this bill potentially increases unreimbursable state costs to school districts for wage and benefit increases resulting from collective bargaining agreements between JPAs and their employees. This bill also reduces student services, including cuts to classroom programs that directly serve students, while placing the welfare of the adults in the system over the welfare of the students that they are charged with serving. ASSEMBLY FLOOR : 51-27, 5/31/11 AYES: Alejo, Allen, Ammiano, Atkins, Beall, Block, Blumenfield, Bonilla, Bradford, Brownley, Buchanan, Butler, Campos, Carter, Cedillo, Chesbro, Davis, Dickinson, Eng, Feuer, Fong, Fuentes, Furutani, Galgiani, Gatto, Gordon, Hall, Hayashi, Roger Hernández, Hill, Huber, Hueso, Huffman, Lara, Bonnie Lowenthal, Ma, Mendoza, Mitchell, Monning, Pan, Perea, V. Manuel Pérez, Portantino, Skinner, Solorio, Swanson, Torres, Wieckowski, Williams, Yamada, John A. Pérez CONTINUED AB 501 Page 6 NOES: Achadjian, Bill Berryhill, Conway, Cook, Donnelly, Fletcher, Beth Gaines, Garrick, Grove, Hagman, Halderman, Harkey, Jeffries, Jones, Knight, Logue, Mansoor, Miller, Morrell, Nestande, Nielsen, Norby, Olsen, Silva, Smyth, Valadao, Wagner NO VOTE RECORDED: Charles Calderon, Gorell CPM:kc 8/29/11 Senate Floor Analyses SUPPORT/OPPOSITION: SEE ABOVE **** END **** CONTINUED