BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                    AB 1010


                                                                    Page  1





          Date of Hearing:  May 20, 2015


                        ASSEMBLY COMMITTEE ON APPROPRIATIONS


                                 Jimmy Gomez, Chair


          AB  
          1010 (Medina) - As Amended April 27, 2015


           ----------------------------------------------------------------- 
          |Policy       |Higher Education               |Vote:|9 - 4        |
          |Committee:   |                               |     |             |
          |             |                               |     |             |
          |             |                               |     |             |
          |-------------+-------------------------------+-----+-------------|
          |             |                               |     |             |
          |             |                               |     |             |
          |             |                               |     |             |
          |-------------+-------------------------------+-----+-------------|
          |             |                               |     |             |
          |             |                               |     |             |
          |             |                               |     |             |
           ----------------------------------------------------------------- 


          Urgency:  No  State Mandated Local Program:  YesReimbursable:   
          Yes


          SUMMARY:


          This bill requires all community college districts (CCDs) to  
          have collective bargaining agreements with part-time (PT)  
          faculty that include specified conditions of employment.  








                                                                    AB 1010


                                                                    Page  2





          Specifically, this bill:


          1)Requires CCDs that do not have a collective bargaining  
            agreement with PT faculty in effect as of January 1, 2016, to  
            commence negotiations with exclusive representatives for PT  
            faculty regarding specified terms and conditions, including:


             a)   Requirements for evaluation of a PT faculty member, upon  
               initial hire and subsequently, that are generally  
               consistent with current law.


             b)   Placement on a seniority list for assignments, following  
               six semesters of satisfactory service.


             c)   Maintenance by the district of a PT faculty member's  
               workload for the seventh and succeeding semesters, as  
               specified.


             d)   Offering of new assignments in seniority order, and use  
               of "last in, first out" for reductions in assignments.


          2)Stipulates that a CCD with a collective bargaining agreement  
            with PT faculty in effect as of January 1, 2016, shall be  
            exempt from the above requirements if the agreement takes into  
            account all of the following:


             a)   PT faculty assignments are based on seniority up to 60%  
               to 67% of a full-time equivalent teaching load.


             b)   A regular evaluation process for PT faculty.









                                                                    AB 1010


                                                                    Page  3






             c)   Due process for termination for PT faculty that have  
               qualified for negotiated provisions. 


          FISCAL EFFECT:


          All districts currently have collecting bargaining agreements  
          that include provisions regarding PT faculty. At least 41  
          community college districts, however, do not maintain a  
          seniority list. Assuming costs of $5,000 to $10,000 per district  
          to establish such lists, presumably for each academic  
          department, one-time reimbursable state-mandated costs would be  
          $205,000 to $410,000 per district. Once established, the ongoing  
          cost to maintain the seniority lists should be minor and  
          absorbable.


          COMMENTS:


          1)Purpose. According to the author, PT faculty are required to  
            hold the same academic qualifications and credentials as their  
            full-time colleagues. The author contends that in most cases,  
            PT instructors are paid significantly less than full-time  
            faculty for the same duties of preparation, teaching and  
            grading, and, assessment. In addition to receiving  
            significantly less in compensation than their full-time  
            counterparts, in most cases PT faculty receive no health  
            coverage and are not compensated for office hour time outside  
            of class to meet with students.  The author argues that, "This  
            lack of dignity, fairness, and equity translates to poor  
            prospects for career advancement, resulting in many qualified  
            part-time faculty leaving the profession annually." The author  
            contends that measures such as AB 1010, which seeks to enhance  
            the retention of qualified instructors, support institutional  
            viability, and directly contribute to student success align  
            with goals of all stakeholders in the state's higher education  








                                                                    AB 1010


                                                                    Page  4





            community.


          2)Related Legislation. AB 626 (Low), pending on this committee's  
            Suspense file, requires community college districts (CCDs) to  
            provide funding specifically to increase their  
            full-time/part-time faculty ratio and to increase support for  
            PT faculty.


          3)Prior Legislation. AB 852 (Fong) of 2011, which provided  
            temporary community college faculty members meeting certain  
            requirements with the right of first refusal for teaching  
            assignments, was held on Suspense in Senate Appropriations.


          Analysis Prepared by:Chuck Nicol / APPR. / (916)  
          319-2081