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