Amended in Senate June 30, 2016

Amended in Senate June 13, 2016

Amended in Senate February 17, 2016

Amended in Assembly March 26, 2015

California Legislature—2015–16 Regular Session

Assembly Bill No. 874

Introduced by Assembly Member Santiago

(Coauthor: Assembly Member Rendon)

February 26, 2015

An act to amend Section 3513 of, and to add Section 3522.5 to, the Government Code, relating to the Judicial Council.

LEGISLATIVE COUNSEL’S DIGEST

AB 874, as amended, Santiago. Collective bargaining: Judicial Council.

Existing law, the Dills Act, governs collective bargaining between the state and recognized state public employee organizations. begin insert Existing law excludes certain employees from coverage under the Dills Act, including, among others, managerial employees, supervisory employees, and confidential employees, as defined. end insert 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. begin insert The bill would provide that the Judicial Council has the authority to designate state employee positions and confidential positions and would prohibit exempted managerial, supervisory, and confidential positions from exceeding end insert begin insert 1⁄3 end insert begin insert of the total permanent full-time Judicial Council employees. end insert 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 begin delete Center, as well as employees working under the supervision of the Office of Governmental Affairs or the Human Resources Services Office. end delete begin insert Center. end insert The bill would define the employer, for purposes of bargaining or meeting and conferring, 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 the 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:

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, begin delete confidential employee, or end delete
supervisory begin delete employee. end delete begin insert employee or a confidential employee as
defined in (e). end insert “State employee” does not begin delete include: end delete

begin delete (A) end delete begin delete   end delete begin delete A end delete begin insert include a end insert judicial officer or employee of the Supreme
Court, the courts of appeal, or the Habeas Corpus Resource Center.

begin delete

(B) An employee of the Judicial Council whose work is
performed under the supervision of the Office of Governmental
Affairs or the Human Resources Services Office.

end delete

(2) “State employer” or “employer,” for purposes of bargaining
or meeting and conferring in good faith, 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 the Judicial Council and its employees.

(d) The board, as it determines appropriate bargaining units,
shall not include Judicial Council employees in a bargaining unit
that includes employees other than those of Judicial Council.

begin insert

(e) The Judicial Council has the authority to designate state
employee positions and confidential positions. Managerial,
supervisory, and confidential positions exempted under this
provision shall not exceed one third of the total permanent full-time
Judicial Council employees.

end insert