BILL ANALYSIS �
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|SENATE RULES COMMITTEE | AB 1181|
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THIRD READING
Bill No: AB 1181
Author: Gray (D)
Amended: 5/16/13 in Assembly
Vote: 21
SENATE PUBLIC EMPLOYMENT & RETIREMENT COMM. : 3-2, 6/24/13
AYES: Beall, Block, Yee
NOES: Walters, Gaines
ASSEMBLY FLOOR : 51-20, 5/23/13 - See last page for vote
SUBJECT : Local public employees: compensated release time
SOURCE : American Federation of State, County and Municipal
Employees
DIGEST : This bill expands provisions governing a local public
agencys requirement to provide compensated time off for
representatives of the recognized employee organization to
participate in specified employee organization activities.
ANALYSIS :
Existing law:
1. 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
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AB 1181
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and public employee organizations.
2. Authorizes, under MMBA, local public agencies to adopt
reasonable rules and regulations after consultation in good
faith with representatives of an employee organization or
organizations.
3. 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.
This bill:
1. 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:
A. Formally meeting and conferring with representatives
of the public agency on matters within the scope of
representation;
B. Testifying or appearing as the designated
representative of the employee organization in
conferences, hearings, or other proceedings before the
Public Employment Relations Board (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; or
C. Testifying or appearing as the designated
representative of the employee organization in matters
before a personnel or merit commission.
2. Requires the employee organization to provide reasonable
notification to the employer when a leave of absence is
requested.
3. 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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FISCAL EFFECT : Appropriation: No Fiscal Com.: No Local:
No
SUPPORT : (Verified 6/26/13)
AFSCME (source)
California Association of Psychiatric Technicians
California Correctional Supervisors Organization
Glendale City Employees Association
Orange County Employees Association
Organization of SMUD Employees
Peace Officers Research Association of California
San Bernardino Public Employees Association
San Luis Obispo County Employees Association
Santa Rosa City Employees Association
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."
ASSEMBLY FLOOR : 51-20, 5/23/13
AYES: Alejo, Ammiano, Atkins, Bloom, Blumenfield, Bocanegra,
Bonilla, Bonta, Bradford, Brown, Buchanan, Ian Calderon,
Campos, Chau, Chesbro, Cooley, Daly, Dickinson, Fong, Fox,
Frazier, Garcia, Gatto, Gomez, Gordon, Gray, Hall, Roger
Hern�ndez, Jones-Sawyer, Levine, Lowenthal, Medina, Mitchell,
Mullin, Muratsuchi, Nazarian, Pan, Perea, V. Manuel P�rez,
Quirk, Quirk-Silva, Rendon, Salas, Skinner, Stone, Ting,
Weber, Wieckowski, Williams, Yamada, John A. P�rez
NOES: Allen, Bigelow, Ch�vez, Conway, Dahle, Donnelly, Beth
Gaines, Gorell, Hagman, Harkey, Linder, Logue, Maienschein,
Mansoor, Melendez, Nestande, Olsen, Patterson, Wagner, Wilk
NO VOTE RECORDED: Achadjian, Eggman, Grove, Holden, Jones,
Morrell, Waldron, Vacancy, Vacancy
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JL:d 6/26/13 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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