Amended in Senate May 13, 2013

Amended in Senate April 1, 2013

Senate Bill No. 765

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. begin delete Under existing law, in end delete begin insert In end insert each case where the appropriateness of the unit is an issue, begin insert existing law requires end insert the Public Employment Relations Board begin delete shall end delete begin insert to end insert 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 begin delete , end delete 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 begin delete shall be end delete begin insert is end insert appropriate if it includes begin delete 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. end delete begin insert any of specified supervisory employees. Existing law prohibits these supervisory employees from being in a negotiation unit with employees whom they supervise. end insert

This bill would begin delete 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. end delete begin insert permit a supervisory peace officer employee to join or participate in an employee organization and negotiating unit that is composed of nonsupervisory peace officers if the representation has been agreed to by the supervisory employee representative, the nonsupervisory peace officer representative, and the employer and the Public Employment Relations Board is so notified. end insert

begin delete

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.

end delete

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) 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)  begin insert (1) end insert begin insert   end insert 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:

begin delete

(1)

end delete

begin insert (A) end insert  All supervisory non-peace-officer employees employed by
the district and all supervisory peace officer employees employed
by the district.

begin delete

(2)

end delete

begin insert (B) end insert  All supervisory non-peace-officer employees employed by
the district, exclusively.

begin delete

(3)

end delete

begin insert (C) end insert  All supervisory peace officer employees employed by the
district, exclusively.

begin delete

(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.

end delete begin delete

(e) A negotiating unit of supervisory employees shall not be
represented by the same employee organization as employees
whom the supervisory employees supervise.

end delete begin insert

(2) A negotiating unit of supervisory peace officer employees
shall not be represented by the same employee organization as
employees whom the supervisory employees supervise.

end insert begin insert

(d) Notwithstanding subdivision (b) or (c), a supervisory peace
officer employee may elect to join or participate in an employee
organization and negotiating unit that is composed of
nonsupervisory peace officers if the representation has been agreed
to by the supervisory employee representative, the nonsupervisory
peace officer representative, and the employer and those entities
have informed the board of their agreement.

end insert