BILL NUMBER: SB 765 AMENDED
BILL TEXT
AMENDED IN SENATE MAY 13, 2013
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 In
each case where the appropriateness of the unit is an issue,
existing law requires the Public Employment Relations Board
shall to 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 is
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. any of specified supervisory
employees. Existing law prohibits these supervisory employees from
being in a negotiation unit with employees whom they supervise.
This bill would 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. 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.
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) 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) (1) 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:
(1)
(A) All supervisory non-peace-officer employees
employed by the district and all supervisory peace officer employees
employed by the district.
(2)
(B) All supervisory non-peace-officer employees
employed by the district, exclusively.
(3)
(C) 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.
(e) A negotiating unit of supervisory employees shall not be
represented by the same employee organization as employees whom the
supervisory employees supervise.
(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.
(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.