BILL NUMBER: SB 765	ENROLLED
	BILL TEXT

	PASSED THE SENATE  JULY 8, 2013
	PASSED THE ASSEMBLY  JULY 3, 2013
	AMENDED IN ASSEMBLY  JUNE 19, 2013
	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, 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 case that 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.


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:
   (A) All supervisory non-peace-officer employees employed by the
district and all supervisory peace officer employees employed by the
district.
   (B) All supervisory non-peace-officer employees employed by the
district, exclusively.
   (C) All supervisory peace officer employees employed by the
district, exclusively.
   (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. The employer may cause a supervisory
peace officer employee to join a bargaining unit separate from the
employees the supervisory peace officer employee supervises.