BILL ANALYSIS Ó
AB 874
Page 1
Date of Hearing: April 22, 2015
ASSEMBLY COMMITTEE ON PUBLIC EMPLOYEES, RETIREMENT, AND SOCIAL
SECURITY
Rob Bonta, Chair
AB 874
Rendon - As Amended March 26, 2015
SUBJECT: Collective bargaining: Judicial Council.
SUMMARY: Makes the Ralph C. Dills Act (Dills Act) applicable to
specified employees of the Judicial Council. Specifically, this
bill:
1)Specifies that the Dills Act applies to employees of the
Judicial Council.
2)Defines "state employee" to include any employee of the
Judicial Council except for managerial, confidential, and
supervisory employees.
3)Excludes from the definition of "state employee" any judicial
officer or employee of the Supreme Court, the courts of
appeal, or the Habeas Corpus Resource Center.
AB 874
Page 2
4)Designates the Administrative Director of the Courts, or his
or her designee, acting with the chairperson of the Judicial
Council's authorization, as the "employer" for purposes of
bargaining or meeting and conferring in good faith.
5)Specifies that references to actions or decisions by the
Governor, or his or her designee, in the Dills Act mean
actions or decisions by the Administrative Director of the
Courts, as specified.
6)Specifically excludes certain provisions of the Dills Act
governing legislative review and approval of state Memoranda
of Understanding from applying to the Judicial Council and its
employees.
7)Requires the Public Employment Relations Board (PERB) when
determining appropriate bargaining units for these employees
to not include them in a bargaining unit that includes other
employees.
EXISTING LAW:
1)The California Constitution:
a) Establishes the Judicial Council which has
constitutional responsibility to survey judicial business;
study the operation of the courts; adopt rules not
AB 874
Page 3
inconsistent with statute in the areas of court
administration, practice, and procedure; and make
recommendations to the courts, the Governor, and the
Legislature.
b) Exempts from civil service officers and employees
appointed or employed by councils, commissions or public
corporations in the judicial branch or by a court of record
or officer thereof.
2)State law:
a) Provides collective bargaining for state employees of
the executive branch under the Dills Act which establishes
a process for determining wages, hours and terms and
conditions of employment for represented employees.
Managers and confidential employees are excluded from
bargaining rights.
b) Regulates labor relations between trial courts and trial
court employees under the Trial Court Employment Protection
and Governance Act (TCEPGA).
c) Establishes PERB, a quasi-judicial administrative
agency, to administer the collective bargaining statutes
covering public employees including school, college, state,
local agency, and trial court employees.
FISCAL EFFECT: Unknown.
COMMENTS: According to the author, "Judicial Council state
employees are currently not represented by a union but would
like to be. As the law stands currently, the Dills Act does not
AB 874
Page 4
apply to Judicial Council employees. Government Code cannot be
amended to make Judicial Council employees civil service
employees, because they are specifically exempted from civil
service by Article 7 of the California State Constitution.
However, the Dills Act or the Meyers-Milias-Brown Act (MMBA) can
be amended to confer bargaining rights to Judicial Council
employees.
"Trial court employees are already represented by SEIU pursuant
to the Trial Court Employment Protection and Governance Act
(TCEPGA). Judicial Council employees have requested that SEIU
Local 1000 represent them in bargaining on the terms and
conditions of employment.
"SEIU Local 1000 believes that it can represent Judicial Council
employees under the current MMBA statute. However, the
applicability of the current MMBA statute to Judicial Council
employees can only be confirmed by going through a PERB
representation petition process. This process includes a
representation petition being submitted to PERB with the
appropriate number of authorizing employee signatures, and an
administrative hearing on the merits of the petition.
"In the event that PERB determines the MMBA, as currently
drafted, is inapplicable to Judicial Council employees, the
proposed bill serves to clarify that Judicial Council employees
can be represented by a union."
Based on information provided to the Committee by the Judicial
AB 874
Page 5
Council, there are approximately 574
non-managerial/non-supervisorial employees that could be
impacted by this bill.
REGISTERED SUPPORT / OPPOSITION:
Support
Service Employees International Union, Local 1000 (Sponsor)
Opposition
AB 874
Page 6
None on file.
Analysis Prepared by:Karon Green / P.E.,R., & S.S. / (916)
319-3957