BILL ANALYSIS Ó
AB 1203
Page 1
CONCURRENCE IN SENATE AMENDMENTS
AB 1203 (Mendoza)
As Amended August 22, 2011
Majority vote
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|ASSEMBLY: |50-23|(May 5, 2011) |SENATE: |22-13|(August 30, |
| | | | | |2011) |
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Original Committee Reference: P.E.,R. & S.S.
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 testify or
represent the employee organization in proceedings before the
Public Employment Relations Board, as specified, or to testify
or represent the employee organization in employment relations
at other specified hearings or meetings.
4)Requires the employee organization to provide reasonable
notification to the employer when a leave of absence is
requested.
The Senate amendments :
1)Require the employee organization to always provide reasonable
notification to the employer when a leave of absence is
requested rather than just whenever it is possible.
2)Delete the ability for local public agency representatives of
AB 1203
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employee organizations to receive reasonable time off to
participate in specified employee organization activities. A
local public agency would only be required to provide
reasonable time off to testify or represent the employee
organization, as specified.
EXISTING LAW :
1)Requires school districts and community college districts to
grant a classified employee a paid leave of absence 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
reasonable time off to attend formal negotiations on matters
within the scope of representation.
AS PASSED BY THE ASSEMBLY , this bill was substantially similar
to the version approved by the Senate.
FISCAL EFFECT : This bill is keyed non-fiscal by the Legislative
Counsel.
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
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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
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."
Analysis Prepared by : Karon Green / P.E., R. & S.S. / (916)
319-3957
FN: 0002323