BILL ANALYSIS Ó
AB 852
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ASSEMBLY THIRD READING
AB 852 (Fong)
As Amended May 27, 2011
Majority vote
HIGHER EDUCATION 6-1 APPROPRIATIONS 12-5
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|Ayes:|Block, Brownley, Fong, |Ayes:|Fuentes, Blumenfield, |
| |Galgiani, Lara, | |Bradford, Charles |
| |Portantino | |Calderon, Campos, Davis, |
| | | |Gatto, Hill, Hall, Lara, |
| | | |Mitchell, Solorio |
| | | | |
|-----+--------------------------+-----+--------------------------|
|Nays:|Miller |Nays:|Harkey, Donnelly, |
| | | |Nielsen, Norby, Wagner |
| | | | |
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SUMMARY : Establishes reemployment rights for temporary
California Community College (CCC) faculty, based on specified
criteria. Specifically, this bill :
1)Establishes findings and declarations regarding the numbers of
temporary faculty, the importance of a stable and
knowledgeable workforce, and the importance of a secure pool
of part-time faculty. Finds the intent of this act is to
provide CCC with a pool of faculty that has proven to be
assets to the CCC and its students.
2)Requires, as of July 1, 2012, temporary faculty employed in a
CCC for at least four of the preceding eight semesters (or six
of the preceding 12 quarters) and whose last evaluation was
satisfactory to have the right of first refusal for an
assignment in that district which the faculty has performed in
the preceding eight semesters (or 12 quarters). Establishes
that in cases where two or more temporary faculty members have
the same claim, the assignment shall be offered in order of
seniority.
3)Provides that a temporary faculty member may be denied the
right of first refusal for just cause. Provides that "just
cause" includes, but is not limited to, giving the assignment
to a more senior faculty member, failure of a faculty member
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to timely request the assignment if required by the district,
or the decision not to offer the assignment because of low
enrollment, funding, or program changes.
4)Provides that the right of first refusal granted by this bill
shall not be construed as "reasonable assurance" of employment
for purposes of unemployment compensation eligibility between
academic terms.
5)Provides temporary faculty an entitlement to any greater
rights than those provided in this bill if provided in a
collective bargaining agreement or otherwise provided by a
district.
FISCAL EFFECT : According to the Assembly Appropriations
Committee, CCC districts that do not have collective bargaining
agreements or otherwise provide reemployment rights that meet or
exceed the requirements of this bill would incur one-time costs
to establish or modify their reemployment procedures, with
ongoing costs to implement these procedures. The number of
districts and colleges impacted and the associated costs are
unknown. These costs would likely be minor for individual
districts or colleges, but could be significant statewide and
all costs would be state reimbursable. Assuming two-thirds of
the 109 colleges are impacted, and, on average, incur ongoing
costs of $5,000 starting in 2011-12, statewide General Fund
(Proposition 98) costs would be $365,000 annually.
COMMENTS :
CCC district reemployment policies : AB 1245 (Alquist), Chapter
850, Statutes of 2001, requires the issue of reappointment
rights for temporary faculty be a subject of negotiation during
collective bargaining and provided that reappointment rights may
be based on whatever factors are agreed to by both parties.
Many districts have established reappointment rights policies
under existing law. These policies vary in specifics, and it is
unclear how many of these policies are in conflict with the
provisions of this bill. For example, Grossmont-Cuyamaca
Community College District's (GCCCD) reemployment policy
provides course-specific reemployment preference. At GCCCD,
once a temporary faculty member has taught a course eight times,
that individual has the right to be offered that course
assignment prior to someone with less preference, no preference,
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or a new hire. This bill would establish a uniform practice
among CCC districts regarding reemployment rights, requiring
faculty assignment decisions be based primarily on seniority.
Purpose of this bill : According to the author, the growing
trend in California is that full-time tenured faculty at CCC are
diminishing and being replaced by part-time temporary faculty.
California's 43,000 CCC part-time faculty members represent
nearly two-thirds of all CCC faculty, teaching 40% of the CCC
classes. Yet, according to the California Federation of
Teachers, this temporary workforce is poorly compensated and
lacks basic supports and benefits. The flexibility to negotiate
reemployment policies at each CCC district has resulted in
unfair and unreliable reemployment practices in some CCC
districts. Additionally, many temporary faculty create
full-time teaching schedules through employment in two or more
CCC districts. The various differences in reemployment policies
in these CCC districts make it difficult for temporary faculty
to plan their upcoming teaching schedules. By establishing a
more uniform reemployment policy, this bill will ensure fair
reemployment practices that increase stability for temporary
faculty and the students they serve.
Arguments in opposition : The Community College League of
California notes that many of California's 72 CCC districts have
collective bargaining agreements that include some form of
preference rights for temporary faculty, although many differ in
specifications, details, process, and how rights are earned.
The League argues that mandated terms for right of refusal as
specified in this bill could be inconsistent with the number and
schedule of courses at each college, which vary depending on
programmatic and student educational needs, and fiscal
challenges faced by a college district. The League argues that
implications of criteria could be especially difficult for
multiple college districts and small rural districts.
Analysis Prepared by : Laura Metune / HIGHER ED. / (916)
319-3960
FN: 0000868
AB 852
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