BILL ANALYSIS Ó
SB 252
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Date of Hearing: June 20, 2012
ASSEMBLY COMMITTEE ON PUBLIC EMPLOYEES, RETIREMENT AND SOCIAL
SECURITY
Warren T. Furutani, Chair
SB 252 (Vargas) - As Amended: May 9, 2012
SENATE VOTE : (vote not relevant)
SUBJECT : Collective bargaining: state employees.
SUMMARY : Requires the Public Employment Relations Board (PERB)
to grant a petition from sworn peace officers in State
Bargaining Unit (BU) 7, Protective Services and Public Safety,
represented exclusively by the California Statewide Law
Enforcement Association (CSLEA), as specified, to be in a
bargaining unit composed solely of those employees.
Specifically, this bill :
1)Eliminates PERB's discretion, in the case of state peace
officers in BU 7 identified as such in the Penal Code, to
determine the appropriateness of bargaining units and to
exercise its oversight with regard to whether or not a
particular group of employees is appropriately placed in a
bargaining unit.
2)Requires PERB to grant a petition to sever from a bargaining
unit to any group of sworn state peace officers in BU 7, who
petitions PERB to do so.
3)Lists extensive findings and declarations about the value,
necessity, and duties of Fish and Game Wardens and State Park
Peace Officers; the impact on California's natural resources
due to not having enough Fish and Game Wardens and State Park
Peace Officers; and the need to increase the numbers of Fish
and Game Wardens and State Park Peace Officers in order to
protect and conserve California's natural resources.
EXISTING LAW :
1)Gives state employees the right to participate in employee
organizations and gives a recognized employee organization the
right to exclusively represent its employees in all matters of
employer-employee relations.
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2)Requires the state employer to formally recognize the
exclusive employee representatives for state bargaining units.
3)Prohibits the state employer from interfering with the
formation or administration of any employee organization.
4)Establishes criteria by which PERB determines appropriate
membership in state bargaining units.
5)Allows PERB, using reasonable standards, to designate
positions or classes of positions of employment that have
duties consisting primarily of enforcing state laws.
6)Requires that employees designated to be in positions and
classes of law enforcement shall not be denied the right to be
in state bargaining units composed of their peers.
7)Establishes an administrative procedure by which employees can
petition PERB to create a new state bargaining unit or to
sever from their current unit.
8)Defines a procedure within a bargaining unit by which
employees, upon a majority vote, can revoke the status of the
exclusive representative.
9)Designates, in the Penal Code, over 30 types of state peace
officers in over two dozen state departments, boards and
commissions.
FISCAL EFFECT : Unknown.
COMMENTS : The state has three bargaining units that represent
state peace officers:
BU 5 (California Association of Highway Patrolment):
California Highway Patrol and Cadets
BU 6 (California Correctional Peace Officers
Association): Correctional Peace Officers and Parole
Agents
BU 7 (CSLEA): State Peace Officers, including those in
the Office of the Attorney General, Fish and Game Wardens,
State Park Peace Officers, Peace Officers in the Department
of Mental Health, and various peace officers serving in
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over 2 dozen state departments, boards, and commissions.
According to the author, "Peace officers in BU 7 are being
denied the right to be in a bargaining unit made solely of sworn
peace officers, a right already being extended to all other
state peace officers. SB 252 would allow sworn peace officers
currently represented by BU 7 the opportunity to separate from
BU 7 into a new bargaining unit without association of non-sworn
civilian state employees?SB 252 denies the PERB the ability to
deny severance of the sworn officer members of BU 7."
Supporters state, "California has only approximately 250 game
wardens in the field, approximately the same number as the State
of South Carolina. Florida, a much smaller state than
California is approaching 1,000 game wardens. Estimated annual
profits from illegal commercialization of California's fish and
wildlife are well over $100 million. This black market in
illegal wildlife trafficking is second only to the illegal drug
trade and involves organized crime.
"Without sufficient enforcement, California's natural resources
will continue to suffer unprecedented environmental disaster via
rampant commercial exploitation and ecosystem damage due to the
epidemic of back-county marijuana growers. As long as
California's Fish and Game Wardens are in a bargaining unit
where the majority of members are non-sworn civilian employees,
it will be impossible to increase the number of warden to where
they can effectively protect California's priceless natural
resources."
Opponents state, "SB 252 sets a horrible precedent of allowing a
disgruntled faction within a state bargaining unit to override a
decision of the appropriate quasi-judicial board, the PERB, to
achieve an outcome denied after an extensive evidentiary
process. In this case, the Peace Officers of California
(comprised mostly of Fish and Game Wardens) went through the
administrative severance process and lost their case before
PERB. Sadly, this faction has sought to use the legislative
process to find a remedy, instead of coming back to work within
the framework and structure of the union to resolve their
differences.
"The background on how this situation has risen to the
legislative level is as follows:
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Fish and Game Wardens led an effort to sever from our
association, CSLEA (BU 7) after they received an apparently
inadequate 25% multi-year raise. At the same time, most of
our non-sworn members received raises totaling about 8%.
Although their representative on the union's bargaining
team voted to accept the state's offer, the wardens'
leadership began lobbying against the 2006 re-opener and
tried to kill the MOU. After violating our rules and
procedures, the responsible affiliates were placed in
trusteeship for actions detrimental to the union.
Wardens, Park Rangers and a few others formed an
organization called Peace Officers of California (POC) and
began collecting severance cards to remove the non-sworn
members from the bargaining unit.
In 2008, POC collected enough petition cards to bring
the matter before the PERB board for a hearing by an
administrative law judge as required by PERB procedures.
Testimony was taken at the hearing where Wardens stated
under oath that they felt they deserved a 43% raise even if
their law enforcement colleagues within the unit received
nothing.
Both the state, through the Department of Personnel
Administration, and CSLEA opposed the severance.
In 2009, the administrative law judge found that the
existing bargaining unit was appropriate under state law.
POC has continued as an organization trying to undermine
CSLEA's efforts to get a contract. A member of their
leadership even filed an initiative with the Attorney
General to repeal the Dills Act.
"While we believe that Wardens need and deserve greater pay to
help recruit and retain well qualified staff, the idea of having
a peace officer only bargaining unit has been appropriately
rejected by the PERB."
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REGISTERED SUPPORT / OPPOSITION :
Support
American Federation of State, County and Municipal Employees
(Co-sponsor)
California Fish and Game Wardens Association (Co-sponsor)
Peace Officers of California (Co-sponsor)
California State Park Peace Officers Association (Co-sponsor)
Audubon California
Bolsa Chica Police Officer's Association
California Rifle and Pistol Association
California Teamsters Public Affairs Council
County of Siskiyou
Fish and Game Commission
Hospital Police Officers at Atascadero State Hospital
Human Society of the United States
Monterey Bay Aquarium
Ocean Conservancy
Sportfishing Association of California
Numerous Individuals
Opposition
Association of Motor Vehicle Investigators
California Association of Criminal Investigators
California Association of Food and Drug Investigators
California Association of Fraud Investigators
California Association of Psychiatric Technicians
California Association of State Investigators
California Correctional Peace Officers Association
California Faculty Association
California Nurses Association
California Professional Firefighters
California School Employees Association
California Statewide Law Enforcement Association
Fire Marshal & Emergency Services Association
Hospital Police Association of California
Laborers' Locals 777 & 792
Orange County Coalition of Police and Sheriffs
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Professional Engineers in California Government
San Diego County Court Employees Association
Service Employees International Union
Service Employees International Union Local 1000
Analysis Prepared by : Karon Green / P.E., R. & S.S. / (916)
319-3957