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