BILL NUMBER: SB 765	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 1, 2013

INTRODUCED BY   Senator Block

                        FEBRUARY 22, 2013

   An act to amend Section 3545 of the Government Code, relating to
public employees.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 765, as amended, 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.   prohibit a school district that
employs any   full-time peace officers, as defined, from
preventing those peace officers from joining or participating in
employee organizations and negotiating units that are composed of
peace officers, supervisory peace officers, or both and which are not
subordinate to any other employee organization.  
   Because this bill would require local school districts to permit
employee peace officers to join employee organizations to bargain for
compensation and benefits that were previously unavailable to them,
it would impose a state-mandated local program. 
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 3545 of the Government Code is amended to read:

   3545.  (a) In each case where the appropriateness of the unit is
an issue, the 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.
   (b) In all cases:
   (1) A negotiating unit that includes classroom teachers shall not
be appropriate unless it at least includes all of the classroom
teachers employed by the public school employer, except management
employees, supervisory employees, and confidential employees.
   (2) Except as provided in subdivision  (c),  
(c) or (d),  a negotiating unit of supervisory employees shall
not be appropriate unless it includes all supervisory employees
employed by the district and shall not be represented by the same
employee organization as employees whom the supervisory employees
supervise.
   (3) Classified employees and certificated employees shall not be
included in the same negotiating unit.
   (c) In the case of a district  which   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:
   (1) All supervisory non-peace-officer employees employed by the
district and all supervisory peace officer employees employed by the
district.
   (2) All supervisory non-peace-officer employees employed by the
district, exclusively.
   (3) All supervisory peace officer employees employed by the
district, exclusively. 
   (d) Notwithstanding subdivision (e), a district that employs
full-time peace officers, as that term is defined in Chapter 4.5
(commencing with Section 830) of Title 3 of Part 2 of the Penal Code,
the district and the board shall not prohibit an employee who is a
full-time peace officer from joining or participating in employee
organizations and negotiating units that are composed of peace
officers, supervisory peace officers, or both, and which are not
subordinate to any other employee organization.  
   A 
    (e)     A  negotiating unit of
supervisory employees shall not be represented by the same employee
organization as employees whom the supervisory employees supervise.