BILL ANALYSIS �
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THIRD READING
Bill No: SB 765
Author: Block (D)
Amended: 5/13/13
Vote: 21
SENATE PUBLIC EMPLOYMENT & RETIREMENT COMM. : 4-0, 5/9/13
AYES: Beall, Block, Gaines, Yee
NO VOTE RECORDED: Walters
SUBJECT : Public employees: collective bargaining
SOURCE : San Diego Schools Police Officers Association
DIGEST : This bill permits 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 those entities have
informed the Public Employment Relations Board (PERB) of their
agreement.
ANALYSIS :
Existing law:
1. Establishes the Education Employment Relations Act (EERA) to
promote the improvement of personnel management and
employer-employee relations within the public school systems
(K-12 and community colleges) by establishing a process for
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recognizing employee organizations.
2. Creates PERB to oversee collective bargaining in the public
sector, as specified, and provides, with regard to
supervisory bargaining units, that PERB shall make
determinations as to whether a bargaining unit is appropriate
for collective bargaining purposes in a school district,
under the following guidelines:
A. Requires that a bargaining unit of supervisory
employees must consist of all supervisory employees in the
district if there are less than 20 supervisory peace
officers.
B. Allows, in a district where there are 20 or more
supervisory peace officers, for there to be separate
bargaining units for all of the supervisory peace officers
and all of the supervisory non-peace officers.
C. Prohibits a supervisory employee bargaining unit from
being represented by the same employee organization that
represents the employees they supervise.
This bill permits 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 those entities have informed PERB of their
agreement.
FISCAL EFFECT : Appropriation: No Fiscal Com.: No Local:
No
SUPPORT : (Verified 5/14/13)
San Diego Schools Police Officers Association (source)
Peace Officers Research Association of California
ARGUMENTS IN SUPPORT : This bill's sponsor, San Diego Schools
Police Officers Association, states that current law prohibiting
supervisory peace officers from being in the same employee
organization as their rank and file peace officers raises
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concerns because of "the potentially inadequate representation
of School Peace Officer Supervisors during a complaint filed by
a citizen of any magnitude, up to and including the use of
excessive force, but more importantly during critical incidents
such as an Officer Involved Shooting. Those Supervisors would
be represented by an association of School Administrators who
have no knowledge of the Peace Officers Procedural Bill of
Rights?The lack of proper representation could result in placing
that association with a significant liability for their lack of
adequate representation and the school district itself through
punitive action for violating such rights, money the school does
not have."
JL:kd 5/15/13 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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