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. In each casebegin delete whereend deletebegin insert thatend insert the appropriateness of the unit is an issue, existing law requires the Public Employment Relations Board 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 is appropriate if it includes 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 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.
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
7which those employees belong to the same employee organization,
8and the effect of the size of the unit on the efficient operation of
9the 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) or (d), a negotiating
17unit of supervisory employees shall not be appropriate unless it
18includes all supervisory employees employed by the district and
19shall not be represented by the same employee organization as
20employees whom the supervisory employees supervise.
21(3) Classified employees and certificated employees shall not
22be included in the same negotiating unit.
23(c) (1) In the case of a district that employs 20 or more
24supervisory peace officer employees, a negotiating unit of
25supervisory employees shall be appropriate if it includes any of
26the following:
P3 1(A) All supervisory non-peace-officer employees employed by
2the district and all supervisory peace officer employees employed
3by the district.
4(B) All supervisory non-peace-officer employees employed by
5the district, exclusively.
6(C) All supervisory peace officer employees employed by the
7district, exclusively.
8(2) A negotiating unit of supervisory peace officer employees
9shall not be represented by the same employee organization as
10employees whom the supervisory employees supervise.
11(d) Notwithstanding subdivision (b) or (c), a supervisory peace
12officer employee may elect to join or participate in
an employee
13organization and negotiating unit that is composed of
14nonsupervisory peace officers if the representation has been agreed
15to by the supervisory employee representative, the nonsupervisory
16peace officer representative, and the employer and those entities
17have informed the board of their agreement.begin insert The employer may
18cause a supervisory peace officer employee to join a bargaining
19unit separate from the employees the supervisory peace officer
20employee supervises.end insert
O
96