BILL ANALYSIS Ó ------------------------------------------------------------ |SENATE RULES COMMITTEE | SB 609| |Office of Senate Floor Analyses | | |1020 N Street, Suite 524 | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ------------------------------------------------------------ THIRD READING Bill No: SB 609 Author: Negrete McLeod (D) Amended: 3/24/11 Vote: 21 SEN. PUB. EMPLOY. & RETIREMENT COMMITTEE : 3-2, 4/11/11 AYES: Negrete McLeod, Padilla, Vargas NOES: Walters, Gaines SENATE APPROPRIATIONS COMMITTEE : 6-3, 5/2/11 AYES: Kehoe, Alquist, Lieu, Pavley, Price, Steinberg NOES: Walters, Emmerson, Runner SUBJECT : Public Employment Relations Board: final orders SOURCE : California Teamsters Public Affairs Council DIGEST : This bill makes the decision of an administrative law judge final regarding recognition or certification of an employee organization if the Public Employment Relations Board does not issue a ruling that supersedes the decision on or before 180 days after an appeal is filed. ANALYSIS : Existing Law 1.Establishes the Meyers-Milias Brown Act which provides a CONTINUED SB 609 Page 2 statutory framework for local government employer-employee relations. 2.Establishes the Ralph C. Dills Act which provides a statutory framework for state employer-employee relations. 3.Establishes the Educational Employment Relations Act which provides a statutory framework for public school employer-employee relations. 4.Establishes the Higher Education Employer-Employee Relations Act which provides a statutory framework for employer-employee relations at the University of California, the California State University, and Hastings College of Law. 5.Establishes the Trial Court Employment Protection and Governance Act (which provides, as specified, a statutory framework for trial court employer-employee relations. 6.Establishes the Trial Court Interpreter Employment and Labor Relations Act which provides a statutory framework for court interpreter employer-employee relations. 7.Establishes the Los Angeles County Metropolitan Authority Transit Employer-Employee Relations Act which provides a statutory framework for public transit district employer-employee relations. 8.Provides a uniform basis for recognizing the right of public employees to join organizations of their own choice and to be represented by the exclusive representative of the employees in a unit. 9.Establishes the Public Employment Relations Board (PERB) as the State agency that has authority to determine in disputed cases, or otherwise approve, appropriate units and to decide contested matters involving recognition, certification, or decertification of employee organizations. 10.Allows employers to file with the PERB, a dispute CONTINUED SB 609 Page 3 involving recognition or certification of employee organizations. 11.Defines "employee organization" as any organization, or any person of the organization authorized to act on its behalf, that includes employees of a public employer and which has, as one of its primary purposes, representing those employees in their relations with that public employer. 12.Defines "recognized employee organization" as an employee organization that has been formally acknowledged by the public agency as an employee organization that represents employees of the public agency. This bill makes the decision of an administrative law judge final regarding recognition of certification of an employee organization if PERB does not issue a ruling that supersedes the decision on or before 180 days after an appeal is filed. Comments When an employee organization files a representation petition with PERB that reflects a majority of support in the unit sought to be represented, the employer must grant recognition unless the employer raises a dispute, such as the appropriateness of the proposed bargaining unit, in which case, the PERB agent (i.e., administrative law judge) must conduct a formal investigation or hearing and issue a written determination. The losing party may appeal the decision to PERB. This same process applies to other types of representation petitions as to which there is a dispute raised by the employer or employee organization. FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes Local: No Fiscal Impact (in thousands) Major Provisions 2011-12 2012-13 2013-14 Fund CONTINUED SB 609 Page 4 Admin expenses -- Unknown, likely minor -- General SUPPORT : (Verified 5/3/11) California Teamsters Public Affairs Council (source) American Federation of State, County and Municipal Employees, AFL-CIO Association of California State Supervisors California Conference Board of the Amalgamated Transit Union California Conference of Machinists California Labor Federation CSEA Retirees, Inc. California State Employees Association California State University Employees Union Professional and Technical Engineers, Local 21 ARGUMENTS IN SUPPORT : According to the author's office, "When some aspect of a Public Employment Relations Board (PERB) representation petition is disputed, it has the effect of delaying, sometimes by several years, effectuation of employee free choice as to representation. Moreover, an employer that raises a dispute to an initial representation petition can avoid recognition and bargaining by years, by which time employees have become disillusioned and the employer unilaterally has been able to make significant changes in wages, benefits and working conditions without having to negotiate with the employee's chose representative." CPM:cm 5/3/11 Senate Floor Analyses SUPPORT/OPPOSITION: SEE ABOVE **** END **** CONTINUED