BILL ANALYSIS �
SENATE PUBLIC EMPLOYMENT & RETIREMENT BILL NO: AB 1181
Jim Beall, Chair HEARING DATE: June 24, 2013
AB 1181 (Gray) as amended 5/16/13 FISCAL: NO
LOCAL PUBLIC EMPLOYEES: COMPENSATED RELEASE TIME
HISTORY :
Sponsor: American Federation of State, County and
Municipal Employees (AFSCME)
Other legislation:AB 537 (Bonta) 2013
Currently in Senate PE&R Committee
AB 616 (Bocanegra) 2013
Currently in Senate PE&R Committee
AB 1203 (Mendoza),
Chapter 804, Statutes of 2012
ASSEMBLY VOTES :
PER & SS 5-2 5/08/13
Appropriations 53-19 5/16/13
Assembly Floor 51-20 5/23/13
SUMMARY :
AB 1181 expands provisions governing a local public agency's
requirement to provide compensated time off for
representatives of the recognized employee organization to
participate in specified employee organization activities.
BACKGROUND AND ANALYSIS :
1)Existing law :
a) establishes the Meyers-Milias-Brown Act (MMBA), which
provides a statutory framework for local government
employer-employee relations by providing a reasonable
method of resolving disputes regarding wages, hours, and
other terms and conditions of employment between local
public employers and public employee organizations.
b) under MMBA, authorizes local public agencies to adopt
Glenn A. Miles
Date: June 11, 2013 Page
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reasonable rules and regulations after consultation in
good faith with representatives of an employee
organization or organizations.
c) 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.
2)This bill :
a) expands the requirements for local public agencies to
give reasonable compensated time off to representatives
of employee organizations to participate in any of the
following activities:
i) formally meeting and conferring with representatives
of the public agency on matters within the scope of
representation.
ii) testifying or appearing as the designated
representative of the employee organization in
conferences, hearings, or other proceedings before
PERB or its agent in matters relating to a charge
filed by either the employee organization against the
public agency or by the public agency against the
employee organization.
iii) testifying or appearing as the designated
representative of the employee organization in matters
before a personnel or merit commission.
b) requires the employee organization to provide
reasonable notification to the employer when a leave of
absence is requested.
c) defines "designated representative" for purposes of
these provisions as an officer of the employee
organization or a member serving in proxy of the employee
organization.
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Date: June 11, 2013 Page
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COMMENTS :
1)Arguments in Support :
According to the sponsor, local public employees who seek to
represent their union membership in grievance adjustment
meetings, legislative hearings, and proceedings before the
PERB do not have a clear statutory right to release time to
perform these duties and therefore, must take unpaid time off
from work to participate in these matters that are important
to enforce collective bargaining agreements. "AB 1181 allows
representatives of employee organizations to have sufficient
time off to participate in matters critical to the union's
mission, and ensures that unions are able to enforce the
rights of their workers."
2)SUPPORT :
American Federation of State, County, and Municipal
Employees (AFSCME), Sponsor
California Association of Psychiatric Technicians (CAPT)
California Correctional Supervisors Organization (CCSO)
Glendale City Employees Association (GCEA)
Orange County Employees Association (OCEA)
Organization of SMUD Employees (OSE)
San Bernardino Public Employees Association (SBPEA)
San Luis Obispo County Employees Association (SLOCEA)
Santa Rosa City Employees Association (SRCEA)
3)OPPOSITION :
None to date
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Date: June 11, 2013 Page
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