BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                  SB 609
                                                                  Page  1

          Date of Hearing:   June 8, 2011

            ASSEMBLY COMMITTEE ON PUBLIC EMPLOYEES, RETIREMENT AND SOCIAL 
                                      SECURITY
                              Warren T. Furutani, Chair
                SB 609 (Negrete McLeod) - As Amended:  March 24, 2011

           SENATE VOTE  :   22-15
           
          SUBJECT  :   Public Employment Relations Board: final orders.

           SUMMARY  :   Makes the decision of an administrative law judge 
          final regarding recognition of certification of an employee 
          organization if the Public Employment Relations Board (PERB) 
          does not issue a ruling that supersedes the decision on or 
          before 180 days after an appeal is filed.  

           EXISTING LAW  :

          1)Charges PERB with administering the collective bargaining 
            statutes covering employees of California's public schools 
            (Educational Employment Relations Act), colleges and 
            universities (Higher Education Employer-Employee Relations 
            Act), employees of the State of California (Ralph C. Dills 
            Act), employees of local public agencies (cities, counties and 
            special districts under the Meyers-Milias-Brown Act), trial 
            court employees (Trial Court Employment Protection and 
            Governance Act and the Trial Court Interpreter Employment and 
            Labor Relations Act) and supervisory employees of the Los 
            Angeles County Metropolitan Transportation Authority.

          2)Establishes 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.

          3)Allows employers to file with PERB, a dispute involving 
            recognition or certification of employee organizations.

          4)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.









                                                                  SB 609
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          5)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.

           FISCAL EFFECT  :   According to the Senate Appropriations 
          Committee, "Although there may not be direct costs associated 
          with this bill, it could have the effect of causing PERB to 
          re-prioritize cases regarding the recognition or certification 
          of an employee organization in order to complete a full 
          determination of those cases within 180 days.  While most cases 
          are settled quickly, a few will occasionally require the 
          scheduling of hearings which result in a longer period of time 
          before a determination by the Board can be made.  Of the 95 
          cases filed since January 1, 2009 involving Petitions for 
          Recognition or Certification, only three have involved an appeal 
          filed with the Board.  One appeal was decided after 52 days, 
          another in 279 days, and the third is still pending."

           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.

          According to the author's office, "When some aspect of a 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 
          chosen representative."

           REGISTERED SUPPORT / OPPOSITION  :

           Support 








                                                                 SB 609
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          California Teamsters Public Affairs Council (Sponsor)
          American Federation of State, County and Municipal Employees
          Association of California State Supervisors
          California Conference Board of the Amalgamated Transit Union
          California Conference of Machinists
          California Labor Federation
          California State Employees Association
          California State University Employees Union
          CSEA Retirees
          Professional and Technical Engineers, Local 21
           
            Opposition 
           
          None on file

           Analysis Prepared by  :    Karon Green / P.E., R. & S.S. / (916) 
          319-3957