BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | AB 1203|
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THIRD READING
Bill No: AB 1203
Author: Mendoza (D)
Amended: 4/27/11 in Assembly
Vote: 21
SENATE PUBLIC EMPLOY. & RETIRE. COMMITTEE : 3-2, 6/27/11
AYES: Negrete McLeod, Padilla, Vargas
NOES: Walters, Gaines
ASSEMBLY FLOOR : 50-23, 5/5/11 - See last page for vote
SUBJECT : Public employee organization members: paid
leaves of
absence
SOURCE : American Federation of State, County and
Municipal
Employees, AFL-CIO
California School Employees Association
DIGEST : This bill expands provisions in existing law
governing union-paid leaves of absences for classified
school employees and local public agency employees who are
representatives of employee organizations, as specified.
ANALYSIS :
Existing law:
1.Establishes the Meyers-Milias-Brown Act (MMBA), which
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provides a statutory framework for local government
employer-employee relations.
2.Requires school districts and community college districts
to grant a paid leave of absence to a classified
employee, upon request, to serve as an elected officer of
an employee organization.
3.Requires the employee organization to reimburse the
school district or community college district for the
cost of releasing the employee.
4.Requires that local public agencies allow a reasonable
number of employee organization representatives
compensated reasonable time off to attend formal
negotiations on matters within the scope of
representation.
This bill:
1.Expands the requirements under existing law by requiring
a school district or community college district to
provide a paid leave of absence to enable the public
employee to serve as an elected officer or a non-elected
member of an employee organization.
2.Requires the representing employee organization to
provide reasonable notification to the employer of leave
of absence requests without loss of compensation, as
specified, whenever possible.
3.Requires public agencies to allow a reasonable number of
elected or nonelected public agency employee
representatives of recognized employee organizations
reasonable time off without loss of compensation or other
benefits for participating in any of the following
activities:
A. Formally meeting and conferring with
representatives of the public agency on matters
within the scope of representation.
B. Testifying, participating, or representing the
employee organization in conferences, hearings, or
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other proceedings before the Public Employment
Relations Board or its agent in matters relating to a
charge filed by the employee organization against the
public agency.
C. Testifying, participating, or representing the
employee organization in other matters in furtherance
of the employee organization's right to represent
members in employment relations, including personnel
and merit commission hearings, city council meetings,
and labor management committee meetings.
FISCAL EFFECT : Appropriation: No Fiscal Com.: No
Local: No
SUPPORT : (Verified 6/29/11)
American Federation of State, County and Municipal
Employees, AFL-CIO (co-source)
California School Employees Association (co-source)
California Federation of Teachers
California Teachers Association
Glendale City Employees Association
Organization of SMUD Employees
San Bernardino Public Employees Association
San Luis Obispo County Employees Association
Santa Rosa City Employees Association
Service Employees International Union
OPPOSITION : (Verified 6/29/11)
California Association of School Business Officials
California State Association of Counties
Community College League of California
Kern County Superintendent of Schools
Regional Council of Rural Counties
ARGUMENTS IN SUPPORT : According to the author's office,
"Under current law, organizational representatives who seek
to participate 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 these duties.
Instead, they must take time off from work to take part in
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these matters at personal sacrifice and cost." In
addition, "under current law, school and community college
districts are reimbursed for the cost to release a
classified school employee from their work to attend union
activities only if the person is an elected official of the
union. ŬThis bill] would expand the requirement and allow
school and community college districts to be reimbursed for
the cost to release a classified school employee from their
work, regardless of whether the employee is an elected
official. This clarification is needed to give school
districts and community colleges the assurance that their
costs will be reimbursed by the union."
According to one of the sponsors, the American Federation
of State, County and Municipal Employees, AFL-CIO, "ŬThis
bill] is a vital piece of legislation because many
employees currently do not receive paid time off to file
grievances, attend city council meetings, research
collective bargaining proposals and be part of any civil
service or personnel commission meetings. This bill will
ensure that paid leaves of absences are guaranteed and the
employees are protected when attending Ŭemployee
organization] activities.
ARGUMENTS IN OPPOSITION : According to opponents, this
bill expands existing law by requiring school and community
college districts to provide a paid leave of absence to any
employee who is a member of the public employee
organization for any organization activities the employee
is authorized to attend. Opponents further contend that
this bill mandates working conditions and rights that
abrogate the local collective bargaining process, and that
providing a paid leave of absence to any employee, as
specified, would reduce the level of available services.
The Kern County Superintendent of Schools (KCSS) contends
that the term "activities" contained in the bill regarding
what a member is authorized by the employee organization to
attend, is overly broad. KCSS specifically contends that
this term may include a variety of events, meetings, etc.,
and that there is no limit on the number or type of such
"activities," nor a limit on the number of employees who
may, at any given time, request and be granted leave to
attend such "activities." Finally, KCSS contends that the
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bill is also unclear on whether members of the organization
would count as representatives, and what a "reasonable
number" of employees means.
ASSEMBLY FLOOR : 50-23, 5/5/11
AYES: Alejo, Allen, Ammiano, Atkins, Beall, Block,
Blumenfield, Bonilla, Bradford, Brownley, Buchanan,
Butler, Charles Calderon, Campos, Carter, Cedillo,
Chesbro, Davis, Dickinson, Eng, Feuer, Fong, Fuentes,
Galgiani, Gatto, 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
NOES: Achadjian, Bill Berryhill, Conway, Cook, Donnelly,
Fletcher, Grove, Hagman, Halderman, Harkey, Jeffries,
Knight, Logue, Mansoor, Miller, Morrell, Nestande, Norby,
Olsen, Silva, Smyth, Valadao, Wagner
NO VOTE RECORDED: Furutani, Garrick, Gordon, Gorell,
Jones, Nielsen, Vacancy
CPM:cm 6/29/11 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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