BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                  AB 1181
                                                                  Page  1


          ASSEMBLY THIRD READING
          AB 1181 (Gray)
          As Amended April 3, 2013
          Majority vote 

           PUBLIC EMPLOYEES    5-2                                         
           
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          |Ayes:|Bonta, Jones-Sawyer,      |     |                          |
          |     |Mullin, Rendon,           |     |                          |
          |     |Wieckowski                |     |                          |
          |     |                          |     |                          |
          |-----+--------------------------+-----+--------------------------|
          |Nays:|Allen, Harkey             |     |                          |
          |     |                          |     |                          |
           ----------------------------------------------------------------- 
           SUMMARY  :  Expands provisions governing a local public agencies'  
          requirement to provide compensated time off for representatives  
          of employee organization to participate in specified employee  
          organization activities.  Specifically,  this bill  :  

          1)Requires a local public agency to give reasonable compensated  
            time off to representatives of employee organizations to  
            participate in any of the following activities:  

             a)   Formally meeting and conferring with representatives of  
               the public agency on matters within the scope of  
               representation.

             b)   Testifying or representing the employee organization in  
               conferences, hearings, or other proceedings before the  
               Public Employment Relations Board or its agent in matters  
               relating to a charge filed by the employee organization  
               against the public agency.

             c)   Testifying or representing the employee organization in  
               other matters in furtherance of the employee organization's  
               right to represent members in employment relations,  
               including personnel and merit commission hearings. 

          2)Requires the employee organization to provide reasonable  
            notification to the employer when a leave of absence is  
            requested.









                                                                  AB 1181
                                                                  Page  2


           EXISTING LAW :

          1)Establishes the Meyers-Milias-Brown Act (MMBA), which provides  
            a statutory framework for local government employer-employee  
            relations.

          2)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.

           FISCAL EFFECT  :  None.  This bill is keyed non-fiscal by the  
          Legislative Counsel.

           COMMENTS  :  According to the author, "AB 1181 seeks to ensure  
          that representatives of employee organization, who are employed  
          by a public agency employer, will have sufficient time off to  
          enable them to participate in matters critical to the  
          organization's mission of representing members in employee  
          relations matters."

          Supporters state, "Local government employees who testify at or  
          represent their union in grievance adjustment meetings,  
          arbitrations, legislative hearing and proceedings before the  
          Public Employment Relations Board do not have a clear statutory  
          right to release time to perform these duties.  Instead, they  
          must often take unpaid time off from work in order to take part  
          in these matters.  Organizational representatives who seek to  
          carry out the union's mission of enforcing collective bargaining  
          agreements and advocating for their membership must therefore do  
          so at personal sacrifice and cost.  The unintended but  
          inevitable result of this omission is that employee  
          organizations are dissuaded from enforcing the rights of the  
          union and of workers."

          The author concludes, "AB 1181 would correct this omission by  
          providing representatives of public agency employee  
          organizations the right to reasonable time off to participate in  
          grievance adjustment meetings, grievance arbitrations, hearing  
          before the Public Employment Relations Board, and personnel and  
          merit commission hearings." 

          Opponents state, "It is crucial that special districts be able  
          to maintain local control when granting release time to  








                                                                  AB 1181
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          employees.  As you may know, many special districts function  
          with minimal staff, and depleting a portion of its workforce for  
          a period of time could prevent it from effectively delivering  
          services."

          Opponents conclude that this issue is better decided at the  
          local level since paid leave of absence for these types of  
          activities is, and should remain, a part of the collective  
          bargaining process.


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


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