BILL ANALYSIS Ó AB 1203 Page 1 Date of Hearing: April 13, 2011 ASSEMBLY COMMITTEE ON PUBLIC EMPLOYEES, RETIREMENT AND SOCIAL SECURITY Warren T. Furutani, Chair AB 1203 (Mendoza) - As Introduced: February 18, 2011 SUBJECT : Public employee organizations: members: paid leaves of absence. SUMMARY : Expands provisions governing leaves of absences for classified school employees and local public agency employees who are representatives of employee organizations, as specified. Specifically, this bill : 1)Requires a school district or community college district to provide a paid leave of absence to a classified school employee who is a member of an employee organization in order to participate in activities the member is authorized by the organization to attend. 2)Requires the employee organization to reimburse the school district or community college district for the cost of releasing the employee. 3)Requires a local public agency to give reasonable time off to representatives of employee organizations to participate in proceedings before the Public Employment Relations Board, as specified, or in other matters relating to the organization's rights to represent members at various hearings or specified meetings. EXISTING LAW : 1)Requires school districts and community college districts to grant a classified employee a paid leave of absences in order for that employee to serve as an elected officer of an employee organization. 2)Requires the employee organization to reimburse the school district or community college district for the cost of releasing the employee. 3)Requires that local public agencies allow a reasonable number of employee organization representatives compensated AB 1203 Page 2 reasonable time off to attend formal negotiations on matters within the scope of representation. FISCAL EFFECT : Unknown. COMMENTS : According to the author, "The Meyers-Milias-Brown Act provides that public agencies must allow reasonable time off for representatives of employee organizations to attend formal negotiations on matters within the scope of collective bargaining. However, the statute does not require public agencies to provide time off for representatives to participate in other matters that are equally critical to the employee organization's purpose and mission. Although representatives have the right to time off to negotiate collective bargaining agreements, they do not have the right to time off for the purposes of enforcing collective bargaining agreements or advocating on behalf of the rights of unions and workers." Supporters go on to state, "Under current law, organizational representatives who seek to participate, testify or represent their union in grievance adjustment meetings, arbitrations and proceedings before the Public Employment Relations Board do not have a clear statutory right to time off to perform theses duties. Instead, they often must take unpaid time off from work in order to take part in these matters?The unintended but inevitable result of this omission is that employee organizations are dissuaded from enforcing the rights of the union and of workers." Supporters also state, "Under current law, school districts and community colleges are reimbursed for the cost to release a classified school employee from their work to attend to their union activities, only if the classified employee is an elected official of the union. This bill authorizes school districts and community colleges to be reimbursed for the cost to release a classified school employee from their work, regardless of whether the employee is an elected official or not. This clarification is needed to give school districts and community colleges the assurance that their costs will be reimbursed by the union." Opponents state, "While current law requires paid leave for employee organization officers, this bill would expand the requirements to any employee for any reason. This requirement skirts the local collective bargaining process which is where we AB 1203 Page 3 feel it belongs. Additionally, providing reimbursement provide little comfort to local districts which would be required to find adequate substitutes to replace the person on leave. Ensuring the same level of service to students, employees and public requires substantial effort; simply being reimbursed for the salary does not make up for the extra effort required of management and those non-managers who remain in their positions." REGISTERED SUPPORT / OPPOSITION : Support American Federation of State, County and Municipal Employees (Sponsor) California School Employees Association (Co-Sponsor) California Federation of Teachers Service Employees International Union California Opposition California Association of School Business Officials Community College League Analysis Prepared by : Karon Green / P.E., R. & S.S. / (916) 319-3957