BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                      



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          |SENATE RULES COMMITTEE            |                   SB 609|
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                                 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 
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             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 

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             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


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           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

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