BILL ANALYSIS Ó
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THIRD READING
Bill No: AB 852
Author: Fong (D)
Amended: 8/21/12 in Senate
Vote: 21
SENATE EDUCATION COMMITTEE : 6-1, 6/13/12
AYES: Lowenthal, Alquist, Hancock, Liu, Price, Vargas
NOES: Huff
NO VOTE RECORDED: Runner, Blakeslee, Simitian, Vacancy
SENATE APPROPRIATIONS COMMITTEE : 5-2, 8/16/12
AYES: Kehoe, Alquist, Lieu, Price, Steinberg
NOES: Walters, Dutton
ASSEMBLY FLOOR : 51-27, 6/2/11 - See last page for vote
SUBJECT : California community colleges: temporary
faculty
SOURCE : California Federation of Teachers
California Part-Time Faculty Association
California Teachers Association
Faculty Association of California Community
Colleges
DIGEST : This bill requires that the issue of earning and
retaining annual reappointment rights by any person
employed as a temporary or part time faculty to include
terms of implementation and be negotiated fully. This bill
repeals this provision on January 1, 2020.
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ANALYSIS : Existing law specifies that a person who is
employed to teach for not more than 67% of the hours per
week is considered a full-time assignment to be a temporary
(part-time) employee. (Education Code Sections 87482.5 and
87882)
Existing law establishes the issue of earning and retaining
annual reappointment rights as a mandatory subject of
negotiation in the collective bargaining process relating
to any new or successor contract between community college
districts (CCDs) and temporary or part-time faculty.
(Education Code Section 87482.9)
Existing law requires the issue of earning and retaining
annual reappointment rights by any person employed as
temporary or part-time faculty to be a mandatory subject of
negotiation with respect to the collective bargaining
process relating to any new or successor contract between
CCDs and temporary or part-time faculty.
This bill requires that the issue of earning and retaining
annual reappointment rights by any person employed as a
temporary or part time faculty to include terms of
implementation and be negotiated fully. This bill repeals
this provision on January 1, 2020.
Comments
Collective bargaining implications . Existing law requires
the issue of earning and retaining reappointment rights for
temporary faculty to be a mandatory subject of negotiation
in the collective bargaining process. Each California
Community Colleges (CCC) district and the exclusive
representative of the part-time and temporary faculty agree
on the requirements for and rights of reappointment in each
new or successor collective bargaining contract.
According to the Community College League, most community
colleges have collective bargaining agreements (CBAs) that
include some form of preference rights for temporary
faculty. The specifications, details, and processes by
which preference rights are earned vary widely across the
agreements. The agreements are unique to district
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conditions and local needs and may change when contracts
are renegotiated. For example, the part-time faculty may
be willing to agree to new conditions for earning
preference rights in exchange for better health benefits.
CBAs are tailored to meet the needs of the district and the
faculty, in consideration of a district's budget,
obligations, and curricular needs and priorities.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: Yes
According to the Senate Appropriations Committee:
Mandates: Potentially substantial reimbursable mandate
on CCDs to change their part-time hiring and
reappointment procedures, to implement procedures and
guarantees consistent with this bill's requirements, and
to hold additional "just cause" hearings.
Collective bargaining: Potentially significant local
costs, to the extent that this bill's requirements
restrict a CCD's ability to negotiate first right of
refusal as part of a larger collective bargaining
agreement.
SUPPORT : (Verified 8/22/12)
California Federation of Teachers (co-source)
California Part-Time Faculty Association (co-source)
California Teachers Association (co-source)
Faculty Association of California Community Colleges
(co-source)
California Community College Independents
Communication Workers of America
OPPOSITION : (Verified 8/22/12)
Antelope Valley Community College District
Association of California Community College Administrators
Barstow Community College
Community College League of California
Kern Community College District
Long Beach Community College District
Los Rios Community College District
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Napa Valley Community College District
Peralta Community College District
Rancho Santiago Community College District
San Diego Community College District
Santa Clarita Community College District
Santa Monica College
West Kern Community College District
ARGUMENTS IN SUPPORT : According to the author's office,
CCC districts are increasingly relying on part-time faculty
to provide instruction on community college campuses. The
author's office notes that California's 43,000 part-time
CCC faculty represent nearly 2/3 of all CCC faculty and
teach approximately 40% of the CCC classes. According to
the California Federation of Teachers, one of the sponsors
of this bill, part-time faculty earn 42% of what their
full-time colleagues make. A 2000 report by the California
State Auditor noted that part-time faculty earn lower wages
and receive fewer benefits for teaching activities than
full-time faculty with similar education and experience.
The Legislature has considered various measures over the
past 20 years that address the dependence of California
community colleges on part-time faculty and the pay
inequities between regular and temporary faculty in the
community colleges. The stated purpose of this bill is to
provide basic job security for temporary faculty by
requiring CCC districts to give part-time faculty the first
right of refusal to available teaching assignments. This
bill establishes minimum standards for how part-time
faculty can earn preferences for teaching courses in a CCC
district.
ARGUMENTS IN OPPOSITION : The opponents argue that
mandating a one-size-fits-all system creates an
administrative hardship that will significantly restrict a
district's flexibility to manage in an increasingly dire
fiscal environment. The Community College League also
argues that the requirements imposed by this bill could be
especially difficult for multiple college districts and
small rural districts.
ASSEMBLY FLOOR : 51-27, 6/2/11
AYES: Alejo, Allen, Ammiano, Atkins, Beall, Block,
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Blumenfield, Bonilla, Bradford, Brownley, Buchanan,
Butler, Charles Calderon, Campos, Carter, Cedillo,
Chesbro, Davis, Dickinson, Eng, Feuer, Fong, Fuentes,
Furutani, Galgiani, Gatto, Gordon, 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
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: Gorell, Hall
PQ:k 8/23/12 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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