Amended in Senate February 17, 2016

Amended in Assembly March 26, 2015

California Legislature—2015–16 Regular Session

Assembly BillNo. 874


Introduced by Assembly Memberbegin delete Rendonend deletebegin insert Santiagoend insert

begin insert

(Coauthor: Assembly Member Rendon)

end insert

February 26, 2015


An act to amend Section 3513 of, and to add Sectionbegin delete 3522.5,end deletebegin insert 3522.5 to, the Government Code,end insert relating tobegin insert theend insert Judicial Council.

LEGISLATIVE COUNSEL’S DIGEST

AB 874, as amended, begin deleteRendonend delete begin insertSantiagoend insert. Collective bargaining: Judicial Council.

Existing law, the Dills Act, governs collective bargaining between the state and recognized state public employee organizations. Existing law creates the Public Employment Relations Board 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 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 thebegin delete employer for theseend deletebegin insert employer, forend insert purposesbegin insert of bargaining or meeting and conferring,end insert 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 ofbegin insert theend insert Judicial Council.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

P2    1

SECTION 1.  

Section 3513 of the Government Code is amended
2to read:

3

3513.  

As used in this chapter:

4(a) “Employee organization” means any organization that
5includes employees of the state and that has as one of its primary
6purposes representing these employees in their relations with the
7state.

8(b) “Recognized employee organization” means an employee
9organization that has been recognized by the state as the exclusive
10representative of the employees in an appropriate unit.

11(c) (1) “State employee” means any civil service employee of
12the state, and the teaching staff of schools under the jurisdiction
13of the State Department of Education or the Superintendent of
14Public Instruction, except managerial employees, confidential
15employees, supervisory employees, employees of the Department
16of Human Resources, professional employees of the Department
17of Finance engaged in technical or analytical state budget
18preparation other than the auditing staff, professional employees
19in the Personnel/Payroll Services Division of the Controller’s office
20engaged in technical or analytical duties in support of the state’s
P3    1personnel and payroll systems other than the training staff,
2employees of the Legislative Counsel Bureau, employees of the
3Bureau of State Audits, employees of the office of the Inspector
4General, employees of the board, conciliators employed by the
5California State Mediation and Conciliation Service, employees
6of the Office of the State Chief Information Officer except as
7otherwise provided in Section 11546.5, and intermittent athletic
8inspectors who are employees of the State Athletic Commission.

9(2) “State employee” also has the meaning provided by Section
103522.5.

11(d) “Mediation” means effort by an impartial third party to assist
12in reconciling a dispute regarding wages, hours, and other terms
13and conditions of employment between representatives of the
14public agency and the recognized employee organization or
15recognized employee organizations through interpretation,
16suggestion, and advice.

17(e) “Managerial employee” means any employee having
18significant responsibilities for formulating or administering agency
19or departmental policies and programs or administering an agency
20or department.

21(f) “Confidential employee” means any employee who is
22required to develop or present management positions with respect
23to employer-employee relations or whose duties normally require
24access to confidential information contributing significantly to the
25development of management positions.

26(g) “Supervisory employee” means any individual, regardless
27of the job description or title, having authority, in the interest of
28the employer, to hire, transfer, suspend, lay off, recall, promote,
29discharge, assign, reward, or discipline other employees, or
30responsibility to direct them, or to adjust their grievances, or
31effectively to recommend this action, if, in connection with the
32foregoing, the exercise of this authority is not of a merely routine
33or clerical nature, but requires the use of independent judgment.
34Employees whose duties are substantially similar to those of their
35subordinates shall not be considered to be supervisory employees.

36(h) “Board” means the Public Employment Relations Board.
37The Educational Employment Relations Board shall be renamed
38the Public Employment Relations Board as provided in Section
393540. The powers and duties of the board described in Section
403541.3 shall also apply, as appropriate, to this chapter.

P4    1(i) “Maintenance of membership” means that all employees
2who voluntarily are, or who voluntarily become, members of a
3recognized employee organization shall remain members of that
4employee organization in good standing for a period as agreed to
5by the parties pursuant to a memorandum of understanding,
6commencing with the effective date of the memorandum of
7understanding. A maintenance of membership provision shall not
8apply to any employee who within 30 days prior to the expiration
9of the memorandum of understanding withdraws from the
10 employee organization by sending a signed withdrawal letter to
11the employee organization and a copy to the Controller’s office.

12(j) (1) “State employer,” or “employer,” for the purposes of
13bargaining or meeting and conferring in good faith, means the
14Governor or his or her designated representatives.

15(2) “State employer,” or “employer,” also has the meaning
16provided by Section 3522.5.

17(k) “Fair share fee” means the fee deducted by the state
18employer from the salary or wages of a state employee in an
19appropriate unit who does not become a member of and financially
20support the recognized employee organization. The fair share fee
21shall be used to defray the costs incurred by the recognized
22employee organization in fulfilling its duty to represent the
23employees in their employment relations with the state, and shall
24not exceed the standard initiation fee, membership dues, and
25general assessments of the recognized employee organization.

26

SEC. 2.  

Section 3522.5 is added to the Government Code, to
27read:

28

3522.5.  

(a) This chapter shall apply to the Judicial Council
29and its employees subject to the provisions of this section.

30(b) For the purpose of applying this chapter to the Judicial
31Council and its employees:

32(1) “State employee” means an employee of the Judicial Council,
33except a managerial employee, confidential employee, or
34supervisory employee. “State employee” does not include a judicial
35officer or employee of the Supreme Court, the courts of appeal,
36or the Habeas Corpus Resource Center.

37(2) “State employer” or “employer,”begin insert for purposes of bargaining
38or meeting and conferring in good faith,end insert
means the Administrative
39Director of the Courts, or his or her designated representatives,
P5    1 acting with the authorization of the chairperson of the Judicial
2Council.

3(3) References to actions or decisions by the Governor, or his
4or her designated representative, shall mean actions or decisions
5by the Administrative Director of the Courts, or his or her
6designated representative, acting with the authorization of the
7Chairperson of the Judicial Council.

8(c) Sections 3517.5, 3517.6, 3517.63, and 3517.7 shall not apply
9tobegin insert theend insert Judicial Council and its employees.

10(d) The board,begin delete in determiningend deletebegin insert as it determinesend insert appropriate
11bargaining units, shall not include Judicial Council employees in
12a bargaining unit that includes employees other than those ofbegin insert theend insert
13 Judicial Council.



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