BILL NUMBER: AB 874 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MARCH 26, 2015
INTRODUCED BY Assembly Member Rendon
FEBRUARY 26, 2015
An act relating to public employment. to
amend Section 3513 of, and to add Section 3522.5, relating to
Judicial Council.
LEGISLATIVE COUNSEL'S DIGEST
AB 874, as amended, Rendon. Collective bargaining.
bargaining: Judicial Council.
Existing law , the Dills Act, governs collective
bargaining between public employers the state
and recognized state public employee organizations.
Existing law generally delegates jurisdiction to
creates the Public Employment Relations Board to
resolve disputes and enforce the statutory duties and rights of
state, local, and public school employers and employees.
and authorizes it, among other things, to determine appropriate
state employee bargaining units, as specified. The California
Constitution prescribes the membership of the California Supreme
Court and requires the Legislature to create appellate court
districts, all of which are vested with the judicial power of the
state. The California Constitution prescribes the membership and
duties of the Judicial Council and authorizes the council to appoint
an Administrative Director of the Courts. Existing law creates the
Habeas Corpus Resource Center for the purpose of providing
representation to people who are convicted and sentenced to death in
this state and who are without counsel.
This bill would declare the intent of the Legislature to
enact legislation relating to collective bargaining.
apply the Dills Act to employees of the Judicial Council, subject to
specified exceptions. The bill would define an employee for these
purposes as any employee of the Judicial Council, except managerial
employees, confidential employees, and supervisory employees. The
bill would also except from this definition a judicial officer or
employee of the Supreme Court, the courts of appeal, or the Habeas
Corpus Resource Center. The bill would define the employer for these
purposes as the Administrative Director of the Courts, or his or her
designated representatives, acting with the authorization of the
chairperson of the Judicial Council. The bill would provide that
references in the Dills Act to actions or decisions by the Governor,
or his or her designated representative, shall mean actions or
decisions by the Administrative Director of the Courts. The bill
would prohibit the Public Employment Relations Board from including
Judicial Council employees in a bargaining unit that includes
employees other than those of Judicial Council.
Vote: majority. Appropriation: no. Fiscal committee: no
yes . State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. It is the intent of the Legislature
to enact legislation relating to collective bargaining.
SECTION 1. Section 3513 of the
Government Code is amended to read:
3513. As used in this chapter:
(a) "Employee organization" means any organization that includes
employees of the state and that has as one of its primary purposes
representing these employees in their relations with the state.
(b) "Recognized employee organization" means an employee
organization that has been recognized by the state as the exclusive
representative of the employees in an appropriate unit.
(c) (1) "State employee" means any civil
service employee of the state, and the teaching staff of schools
under the jurisdiction of the State Department of Education or the
Superintendent of Public Instruction, except managerial employees,
confidential employees, supervisory employees, employees of the
Department of Human Resources, professional employees of the
Department of Finance engaged in technical or analytical state budget
preparation other than the auditing staff, professional employees in
the Personnel/Payroll Services Division of the Controller's office
engaged in technical or analytical duties in support of the state's
personnel and payroll systems other than the training staff,
employees of the Legislative Counsel Bureau, employees of the Bureau
of State Audits, employees of the office of the Inspector General,
employees of the board, conciliators employed by the California State
Mediation and Conciliation Service, employees of the Office of the
State Chief Information Officer except as otherwise provided in
Section 11546.5, and intermittent athletic inspectors who are
employees of the State Athletic Commission.
(2) "State employee" also has the meaning provided by Section
3522.5.
(d) "Mediation" means effort by an impartial third party to assist
in reconciling a dispute regarding wages, hours, and other terms and
conditions of employment between representatives of the public
agency and the recognized employee organization or recognized
employee organizations through interpretation, suggestion, and
advice.
(e) "Managerial employee" means any employee having significant
responsibilities for formulating or administering agency or
departmental policies and programs or administering an agency or
department.
(f) "Confidential employee" means any employee who is required to
develop or present management positions with respect to
employer-employee relations or whose duties normally require access
to confidential information contributing significantly to the
development of management positions.
(g) "Supervisory employee" means any individual, regardless of the
job description or title, having authority, in the interest of the
employer, to hire, transfer, suspend, lay off, recall, promote,
discharge, assign, reward, or discipline other employees, or
responsibility to direct them, or to adjust their grievances, or
effectively to recommend this action, if, in connection with the
foregoing, the exercise of this authority is not of a merely routine
or clerical nature, but requires the use of independent judgment.
Employees whose duties are substantially similar to those of their
subordinates shall not be considered to be supervisory employees.
(h) "Board" means the Public Employment Relations Board. The
Educational Employment Relations Board shall be renamed the Public
Employment Relations Board as provided in Section 3540. The powers
and duties of the board described in Section 3541.3 shall also apply,
as appropriate, to this chapter.
(i) "Maintenance of membership" means that all employees who
voluntarily are, or who voluntarily become, members of a recognized
employee organization shall remain members of that employee
organization in good standing for a period as agreed to by the
parties pursuant to a memorandum of understanding, commencing with
the effective date of the memorandum of understanding. A maintenance
of membership provision shall not apply to any employee who within 30
days prior to the expiration of the memorandum of understanding
withdraws from the employee organization by sending a signed
withdrawal letter to the employee organization and a copy to the
Controller's office.
(j) (1) "State employer," or "employer," for
the purposes of bargaining or meeting and conferring in good faith,
means the Governor or his or her designated representatives.
(2) "State employer," or "employer," also has the meaning provided
by Section 3522.5.
(k) "Fair share fee" means the fee deducted by the state employer
from the salary or wages of a state employee in an appropriate unit
who does not become a member of and financially support the
recognized employee organization. The fair share fee shall be used to
defray the costs incurred by the recognized employee organization in
fulfilling its duty to represent the employees in their employment
relations with the state, and shall not exceed the standard
initiation fee, membership dues, and general assessments of the
recognized employee organization.
SEC. 2. Section 3522.5 is added to the
Government Code , to read:
3522.5. (a) This chapter shall apply to the Judicial Council and
its employees subject to the provisions of this section.
(b) For the purpose of applying this chapter to the Judicial
Council and its employees:
(1) "State employee" means an employee of the Judicial Council,
except a managerial employee, confidential employee, or supervisory
employee. "State employee" does not include a judicial officer or
employee of the Supreme Court, the courts of appeal, or the Habeas
Corpus Resource Center.
(2) "State employer" or "employer," means the Administrative
Director of the Courts, or his or her designated representatives,
acting with the authorization of the chairperson of the Judicial
Council.
(3) References to actions or decisions by the Governor, or his or
her designated representative, shall mean actions or decisions by the
Administrative Director of the Courts, or his or her designated
representative, acting with the authorization of the Chairperson of
the Judicial Council.
(c) Sections 3517.5, 3517.6, 3517.63, and 3517.7 shall not apply
to Judicial Council and its employees.
(d) The board, in determining appropriate bargaining units, shall
not include Judicial Council employees in a bargaining unit that
includes employees other than those of Judicial Council.