Amended in Senate August 15, 2016

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 BillNo. 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. Existing law excludes certain employees from coverage under the Dills Act, including, among others, managerial employees, supervisory employees, and confidential employees, as defined. 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,begin delete and supervisory employees.end deletebegin insert supervisory employees, and excluded employees, as specified.end insert The bill wouldbegin delete provide thatend deletebegin insert grantend insert the Judicial Councilbegin delete hasend delete thebegin insert soleend insert authority to designate state employee positionsbegin delete and confidentialend deletebegin insert as excludedend insert positions and would prohibit exempted managerial, supervisory,begin delete and confidentialend deletebegin insert confidential, and excludedend insert positions from exceeding 13 of the totalbegin delete permanent full-time Judicial Council employees.end deletebegin insert authorized Judicial Council positions as stated in the Department of Finance Salaries and Wages Supplement. The bill would prohibit review of the designation of excluded positions by the Public Employment Relations Board.end insert The bill would also except frombegin delete thisend deletebegin insert theend insert definitionbegin insert of employeeend insert 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 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:

P2    1

SECTION 1.  

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

3

3513.  

As used in this chapter:

P3    1(a) “Employee organization” means any organization that
2includes employees of the state and that has as one of its primary
3purposes representing these employees in their relations with the
4state.

5(b) “Recognized employee organization” means an employee
6organization that has been recognized by the state as the exclusive
7representative of the employees in an appropriate unit.

8(c) (1) “State employee” means any civil service employee of
9the state, and the teaching staff of schools under the jurisdiction
10of the State Department of Education or the Superintendent of
11Public Instruction, except managerial employees, confidential
12employees, supervisory employees, employees of the Department
13of Human Resources, professional employees of the Department
14of Finance engaged in technical or analytical state budget
15preparation other than the auditing staff, professional employees
16in the Personnel/Payroll Services Division of the Controller’s office
17engaged in technical or analytical duties in support of the state’s
18personnel and payroll systems other than the training staff,
19employees of the Legislative Counsel Bureau, employees of the
20Bureau of State Audits, employees of the office of the Inspector
21General, employees of the board, conciliators employed by the
22California State Mediation and Conciliation Service, employees
23of the Office of the State Chief Information Officer except as
24otherwise provided in Section 11546.5, and intermittent athletic
25inspectors who are employees of the State Athletic Commission.

26(2) “State employee” also has the meaning provided by Section
273522.5.

28(d) “Mediation” means effort by an impartial third party to assist
29in reconciling a dispute regarding wages, hours, and other terms
30and conditions of employment between representatives of the
31public agency and the recognized employee organization or
32recognized employee organizations through interpretation,
33suggestion, and advice.

34(e) “Managerial employee” means any employee having
35significant responsibilities for formulating or administering agency
36or departmental policies and programs or administering an agency
37or department.

38(f) “Confidential employee” means any employee who is
39required to develop or present management positions with respect
40to employer-employee relations or whose duties normally require
P4    1access to confidential information contributing significantly to the
2development of management positions.

3(g) “Supervisory employee” means any individual, regardless
4of the job description or title, having authority, in the interest of
5the employer, to hire, transfer, suspend, lay off, recall, promote,
6discharge, assign, reward, or discipline other employees, or
7responsibility to direct them, or to adjust their grievances, or
8effectively to recommend this action, if, in connection with the
9foregoing, the exercise of this authority is not of a merely routine
10or clerical nature, but requires the use of independent judgment.
11Employees whose duties are substantially similar to those of their
12subordinates shall not be considered to be supervisory employees.

13(h) “Board” means the Public Employment Relations Board.
14The Educational Employment Relations Board shall be renamed
15the Public Employment Relations Board as provided in Section
163540. The powers and duties of the board described in Section
173541.3 shall also apply, as appropriate, to this chapter.

18(i) “Maintenance of membership” means that all employees
19who voluntarily are, or who voluntarily become, members of a
20recognized employee organization shall remain members of that
21employee organization in good standing for a period as agreed to
22by the parties pursuant to a memorandum of understanding,
23commencing with the effective date of the memorandum of
24understanding. A maintenance of membership provision shall not
25apply to any employee who within 30 days prior to the expiration
26of the memorandum of understanding withdraws from the
27 employee organization by sending a signed withdrawal letter to
28the employee organization and a copy to the Controller’s office.

29(j) (1) “State employer,” or “employer,” for the purposes of
30bargaining or meeting and conferring in good faith, means the
31Governor or his or her designated representatives.

32(2) “State employer,” or “employer,” also has the meaning
33provided by Section 3522.5.

34(k) “Fair share fee” means the fee deducted by the state
35employer from the salary or wages of a state employee in an
36appropriate unit who does not become a member of and financially
37support the recognized employee organization. The fair share fee
38shall be used to defray the costs incurred by the recognized
39employee organization in fulfilling its duty to represent the
40employees in their employment relations with the state, and shall
P5    1not exceed the standard initiation fee, membership dues, and
2general assessments of the recognized employee organization.

3

SEC. 2.  

Section 3522.5 is added to the Government Code, to
4read:

5

3522.5.  

(a) This chapter shall apply to the Judicial Council
6and its employees subject to the provisions of this section.

7(b) For the purpose of applying this chapter to the Judicial
8Council and its employees:

9(1) “State employee” means an employee of the Judicial Council,
10except abegin delete managerial employee, supervisory employee or a
11confidential employee as defined inend delete
begin insert managerial, supervisory, or
12confidential employee, or an excluded employee designated
13pursuant to subdivisionend insert
(e). “State employee” does not include a
14judicial officer or employee of the Supreme Court, the courts of
15appeal, or the Habeas Corpus Resource Center.

16(2) “State employer” or “employer,” for purposes of bargaining
17or meeting and conferring in good faith, means the Administrative
18Director of the Courts, or his or her designated representatives,
19 acting with the authorization of the chairperson of the Judicial
20Council.

21(3) References to actions or decisions by the Governor, or his
22or her designated representative, shall mean actions or decisions
23by the Administrative Director of the Courts, or his or her
24designated representative, acting with the authorization of the
25Chairperson of the Judicial Council.

26(c) Sections 3517.5, 3517.6, 3517.63, and 3517.7 shall not apply
27to the Judicial Council and its employees.

28(d) The board, as it determines appropriate bargaining units,
29shall not include Judicial Council employees in a bargaining unit
30that includes employees other than those of Judicial Council.

31(e) The Judicial Council has thebegin insert soleend insert authoritybegin insert and discretionend insert
32 to designate state employee positionsbegin delete and confidential positions.
33Managerial,end delete
begin insert as excluded positions, provided that managerial,end insert
34 supervisory,begin delete and confidential positions exemptedend deletebegin insert confidential, and
35excluded positions not included in bargaining unitsend insert
under this
36provision shall not exceed one third of the totalbegin delete permanent full-time
37Judicial Council employees.end delete
begin insert authorized Judicial Council positions
38as stated in the Department of Finance Salaries and Wages
P6    1Supplement. Designation of the excluded positions under this
2section shall not be subject to review by the board.end insert



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