SB 765, as introduced, Block. Public employees: collective bargaining.
Existing law permits public school employees to form, join, and participate in the activities of employee organizations of their own choosing for the purpose of representation on all matters of employer-employee relations, as specified. Existing law permits an employee organization to become the exclusive representative of an appropriate unit for purposes of meeting and negotiating, as specified. Under existing law, in each case where the appropriateness of the unit is an issue, the Public Employment Relations Board shall decide the question on the basis of the community of interest between and among the employees and their established practices including, among other things, the extent to which those employees belong to the same employee organization, and the effect of the size of the unit on the efficient operation of the school district. Existing law provides that in the case of a district that employs 20 or more supervisory peace officer employees, a negotiating unit of supervisory employees shall be appropriate if it includes any of the following: all supervisory nonpeace officer employees employed by the district and all supervisory peace officer employees employed by the district; all supervisory nonpeace officer employees employed by the district, exclusively; or all supervisory peace officer employees employed by the district, exclusively. Existing law further provides that a negotiating unit of supervisory employees shall not be represented by the same employee organization as employees whom the supervisory employees supervise.
This bill would make a technical, nonsubstantive change to these provisions.
Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 3545 of the Government Code is amended
2to read:
(a) In each case where the appropriateness of the unit
4is an issue, the board shall decide the question on the basis of the
5community of interest between and among the employees and their
6established practices including, among other things, the extent to
7whichbegin delete suchend deletebegin insert thoseend insert employees belong to the same employee
8organization, and the effect of the size of the unit on the efficient
9operation of the school district.
10(b) In all cases:
11(1) A negotiating unit that includes classroom
teachers shall not
12be appropriate unless it at least includes all of the classroom
13teachers employed by the public school employer, except
14management employees, supervisory employees, and confidential
15employees.
16(2) Except as provided in subdivision (c), a negotiating unit of
17supervisory employees shall not be appropriate unless it includes
18all supervisory employees employed by the district and shall not
19be represented by the same employee organization as employees
20whom the supervisory employees supervise.
21(3) Classified employees and certificated employees shall not
22be included in the same negotiating unit.
23(c) In the case of a district which employs 20 or more
24supervisory peace officer employees, a negotiating unit of
25supervisory employees shall be appropriate if it includes any of
26the following:
27(1) All supervisorybegin delete nonpeace officerend deletebegin insert non-peace-officerend insert
28 employees employed by the district and all supervisory peace
29officer employees employed by the district.
30(2) All supervisorybegin delete nonpeace officerend deletebegin insert non-peace-officerend insert
31
employees employed by the district, exclusively.
P3 1(3) All supervisory peace officer employees employed by the
2district, exclusively.
3A negotiating unit of supervisory employees shall not be
4represented by the same employee organization as employees
5whom the supervisory employees supervise.
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