BILL ANALYSIS Ó
AB 1983
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Date of Hearing: April 6, 2016
ASSEMBLY COMMITTEE ON PUBLIC EMPLOYEES, RETIREMENT, AND SOCIAL
SECURITY
Rob Bonta, Chair
AB 1983
(Lackey) - As Introduced February 16, 2016
SUBJECT: Excluded employees: shift seniority
SUMMARY: Requires each state agency that employs excluded
supervisory employees, as specified, to develop, by January 1,
2018, policies that provide preference for shift assignments,
vacations, and overtime based on classification seniority.
Specifically, this bill:
1)Requires, by January 1, 2018, state agencies that operate two
or more shifts per day to develop policies that allow excluded
supervisory employees to utilize classification seniority to
obtain their preferred shift assignments, vacations, and
overtime.
2)Requires management of these agencies to develop and maintain
these policies by meeting with supervisory employee
organization.
3)Specifies that the above provisions do not apply to peace
officers employed by the Department of California Highway
Patrol, the Department of Corrections and Rehabilitation, or
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the State Department of Developmental Services.
EXISTING LAW:
1)Requires, in the Bill of Rights for State Excluded Employees
(BRSEE), that the state meet and confer with employee
organizations which represent state employees excluded from
collective bargaining (supervisor, managers, and confidential
employees).
2)Defines "meet and confer" for purposes of BRSEE to mean that
the state must consider, as fully as the employer deems
reasonable, excluded employee organizations' presentations
prior to reaching a decision.
3)Allows represented state employees (but not excluded
employees) to have the right to obtain their preferred work
shifts based on their seniority if preferential shift
selection rights are part of their bargaining contracts.
FISCAL EFFECT: Unknown
COMMENTS: According to the author, "Excluded employees have no
contract nor do they have any seniority rights to the shifts,
vacation openings, or overtime they work. Consequently, many
civil service excluded employees are bounced around from one
shift to another without any control or rights. This lack of
control causes great distress to the families and the
employee?AB 1983 would ensure that all state agencies that
operate two or more shifts shall develop a state-wide policy for
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excluded employees to utilize their civil service classification
seniority to obtain a desired shift, vacation opening, or
overtime. This will give employees and their family more
stability to direct their lives. It will also help management
of these agencies to combat favoritism in the workplace."
This bill is similar to SB 1071 (Beall) of 2014 which would have
provided state excluded supervisory employees operating two or
more work shifts per day, the right to obtain work shifts based
on seniority, as specified. SB 1071 was vetoed by Governor
Brown. The veto message stated, in part, "This bill is
unnecessary. Several departments that operate multiple shifts
and who have deemed it to be in the best interest of the
department to provide seniority shift bidding have done so,
including one department that applies this practice to
supervisory employees. Unfortunately, this bill would
circumvent that discretion. I encourage those departments
without post and bid in place for excluded employees to meet
with supervisors for further discussion."
REGISTERED SUPPORT / OPPOSITION:
Support
California Correctional Supervisors Organization (Sponsor)
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Association for Los Angeles Deputy Sheriffs
Association of California State Supervisors
California Association of Code Enforcement Officers Association
California College and University Police Chiefs Association
California Narcotic Officers Association
Los Angeles County Professional Peace Officers Association
Los Angeles Police Protective League
Professional Engineers in California Government
Riverside Sheriffs Association
Opposition
None on file
Analysis Prepared by:Karon Green / P.E.,R., & S.S. / (916)
319-3957
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