BILL ANALYSIS Ó
AB 1690
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Date of Hearing: April 20, 2016
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Lorena Gonzalez, Chair
AB
1690 (Medina) - As Amended March 14, 2016
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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.
Specifically, this bill:
1)Requires CCDs that do not have a collective bargaining
AB 1690
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agreement with PT faculty in effect as of January 1, 2017, 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 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, 2017, 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.
c) Due process for termination for PT faculty that have
qualified for negotiated provisions.
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FISCAL EFFECT:
All districts currently have collecting bargaining agreements
that include provisions regarding PT faculty. AB 1245 (Alquist),
Chapter 850, Statutes of 2001, required the issue of
reappointment rights for temporary faculty be a subject of
negotiation during collective bargaining and provided that
reappointment rights may be based on whatever factors are agreed
to by both parties. 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 statewide
(GF-Prop 98). Once established, the ongoing cost to maintain the
seniority lists should be minor and absorbable.
COMMENTS:
1)Purpose. According to the author, "Job instability continues
to be one of the greatest concerns for part-time/temporary
faculty. The inability to negotiate reemployment policies at
most community college districts has resulted in unreliable
reemployment practices." The author contends that this leaves
many part-time faculty wondering if they will have a job the
following semester.
Additionally, many part-time/temporary faculty are left with
no option but to piece together full-time teaching schedules
through employment in two or more CCDs. The author argues
that, "The varying reemployment policies in theses community
college districts make it difficult for part-time/temporary
faculty to plan their upcoming teaching schedules."
2)Prior Legislation. AB 1010 (Medina) of last year, a
substantially similar bill, was held on Suspense in Senate
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Appropriations.
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 also held
on Suspense in Senate Appropriations.
Analysis Prepared by:Chuck Nicol / APPR. / (916)
319-2081