BILL ANALYSIS �
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VETO
Bill No: SB 765
Author: Block (D)
Amended: 6/19/13
Vote: 21
SENATE PUBLIC EMPLOYMENT & RETIREMENT COMM. : 4-0, 5/9/13
AYES: Beall, Block, Gaines, Yee
NO VOTE RECORDED: Walters
SENATE FLOOR : 35-4, 5/28/13
AYES: Anderson, Beall, Berryhill, Block, Calderon, Cannella,
Corbett, Correa, De Le�n, DeSaulnier, Emmerson, Evans, Gaines,
Galgiani, Hancock, Hernandez, Hill, Hueso, Jackson, Lara,
Leno, Lieu, Liu, Monning, Padilla, Pavley, Price, Roth,
Steinberg, Torres, Walters, Wolk, Wright, Wyland, Yee
NOES: Fuller, Huff, Knight, Nielsen
NO VOTE RECORDED: Vacancy
ASSEMBLY FLOOR : 53-20, 7/3/13 - See last page for vote
SENATE FLOOR : 27-4, 7/8/13
AYES: Anderson, Beall, Berryhill, Block, Cannella, Corbett,
Correa, DeSaulnier, Emmerson, Gaines, Galgiani, Hill, Hueso,
Jackson, Leno, Lieu, Liu, Monning, Padilla, Pavley, Roth,
Steinberg, Torres, Walters, Wolk, Wright, Wyland
NOES: Fuller, Huff, Knight, Nielsen
NO VOTE RECORDED: Calderon, De Le�n, Evans, Hancock, Hernandez,
Lara, Yee, Vacancy, Vacancy
SUBJECT : Public employees: collective bargaining
CONTINUED
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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. This bill also permits the employer to have a
supervisory peace officer employee join a bargaining unit
separate from the employees the supervisory peace officer
employee supervises.
Assembly Amendments add language to permit the employer to have
a supervisory peace officer employee join a bargaining unit
separate from the employees the supervisory peace officer
employee supervises.
ANALYSIS :
Existing law:
1. Establishes the Education Employment Relations Act 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
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
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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. This bill also permits the employer to have a
supervisory peace officer employee join a bargaining unit
separate from the employees the supervisory peace officer
employee supervises.
FISCAL EFFECT : Appropriation: No Fiscal Com.: No Local:
No
SUPPORT : (Verified 7/3/13)
San Diego Schools Police Officers Association (source)
Administrators Association, San Diego City Schools
Peace Officers Research Association of California
San Diego Unified School District
ARGUMENTS IN SUPPORT : This bill's sponsor, San Diego Schools
Police Officers Association, states that existing law
prohibiting supervisory peace officers from being in the same
employee organization as their rank and file peace officers
raises 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."
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ASSEMBLY FLOOR : 53-20, 7/3/13
AYES: Alejo, Atkins, Bloom, Bocanegra, Bonilla, Bonta,
Bradford, Brown, Buchanan, Ian Calderon, Campos, Chau, Ch�vez,
Chesbro, Cooley, Daly, Dickinson, Eggman, Fong, Fox, Frazier,
Garcia, Gatto, Gomez, Gonzalez, Gordon, Gorell, Gray, Hall,
Roger Hern�ndez, Holden, Jones-Sawyer, Levine, Linder,
Lowenthal, Medina, Mitchell, Mullin, Muratsuchi, Nazarian,
Pan, V. Manuel P�rez, Quirk, Quirk-Silva, Rendon, Salas,
Skinner, Stone, Ting, Weber, Wieckowski, Yamada, John A. P�rez
NOES: Allen, Bigelow, Conway, Dahle, Donnelly, Beth Gaines,
Grove, Hagman, Harkey, Jones, Logue, Maienschein, Mansoor,
Melendez, Morrell, Olsen, Patterson, Wagner, Waldron, Wilk
NO VOTE RECORDED: Achadjian, Ammiano, Nestande, Perea, Williams
GOVERNOR'S VETO MESSAGE:
"I am returning Senate Bill 765 without my signature.
Allowing school police officer supervisors to join rank and
file bargaining units creates opportunity for conflict of
interest between supervisors and employees. It could tie
supervisors' hands in the implementation and enforcement of
policies with which the employee organization (of which they
are now a part of) disagrees.
Further, I am concerned about future expansion of this policy
and the potential for unintended consequences on labor and
management relations within the state's workforce."
JL:k 8/22/13 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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