BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                    AB 2294


                                                                    Page  1





          Date of Hearing:  April 19, 2016


                       ASSEMBLY COMMITTEE ON HIGHER EDUCATION


                                 Jose Medina, Chair


          AB 2294  
          (Gomez) - As Introduced February 18, 2016


          SUBJECT:  The California State University:  employees:  leaves  
          of absence without loss of compensation


          SUMMARY:  Requires the CSU Trustees to grant an employee a leave  
          of absence to serve as an elected officer of any CSU campus  
          public employee organization.  Specifically, this bill:  


          1)Requires the CSU Trustees to grant any employee, upon request,  
            a leave of absence without loss of compensation for the  
            purpose of enabling the employee to serve as an elected  
            officer of any CSU campus public employee organization, or of  
            any statewide or national public employee organization with  
            which the university campus organization is affiliated.


          2)Provides that the leave shall include, but is not limited to,  
            absence for purposes of attendance by the employee at meetings  
            of the organization. 


          3)Provides that compensation during the leave shall include  
            retirement fund contributions required of the employer,  
            including any amount necessary to pay any unfunded liability  
            cost for the retirement plan. 








                                                                    AB 2294


                                                                    Page  2







          4)Provides that the employee shall earn full service credit  
            during the leave of absence and shall pay member contributions  
            as prescribed, and provides that the maximum amount of the  
            service credit earned shall not exceed 12 calendar years. 


          5)Provides that any employee who serves as a full-time officer  
            of a public employee organization shall not be eligible for  
            disability benefits under the Public Employees' Retirement  
            System while on the leave of absence.


          6)Provides that following payment of the employee for the leave  
            of absence, the CSU or campus shall be reimbursed by the  
            employee organization of which the employee is an elected  
            officer for all compensation paid the employee on account of  
            the leave. Requires reimbursement by the employee organization  
            to be made within 10 days after its receipt of the  
            certification of payment of compensation to the employee.


          7)Provides that the leave of absence without loss of  
            compensation provided for by this bill is in addition to the  
            released time without loss of compensation granted to  
            representatives of an exclusive representative by Section 3569  
            of the Government Code.


          EXISTING LAW:  Establishes the CSU governed by the Board of  
          Trustees (Trustees) and provides that that the Trustees are  
          responsible for the rule of government of their appointees and  
          employees (Education Code Section 89500 et seq.).  Establishes  
          the Higher Education Employer-Employee Relations Act (HEERA) to  
          provide a statutory framework to regulate labor relations at UC,  
          CSU, and Hastings College of Law and their employees; provides  
          the Public Employment Relations Board (PERB) authority to  
          enforce HEERA.  (Government Code Sections 3560-3599)








                                                                    AB 2294


                                                                    Page  3







          FISCAL EFFECT:  Unknown.


          COMMENTS:  Background.  Pursuant to Education Code Section  
          44987, governing boards of a school district are required to  
          provide paid leaves of absence to employees serving on a local  
          district public employee organization or affiliated statewide or  
          national employee organization consistent with the requirements  
          proposed by this bill.  Similarly, Education Code Section  
          87768.5 requires the same accommodations for community college  
          district employees. 


          CSU policy governing faculty union leave is governed by the  
          CSU/California Faculty Association (CFA) Collective Bargaining  
          Agreement, which requires, upon the request of CFA, the CSU  
          shall grant in a timely manner union leave without loss of  
          compensation. Such leaves shall be granted up to the equivalent  
          of 16 full-time positions per year.  An employee on such leave  
          shall continue to earn all campus service credit and retirement  
          credit. Vacation time, holiday time, and sick leave shall not  
          accrue during such leave. A faculty unit employee on such leave  
          shall have the right to return to his/her former position upon  
          expiration of the leave. CFA is required to reimburse CSU for  
          all compensation paid to the faculty unit employee on leave and  
          for any incidental costs, including the cost of benefits in an  
          amount equal to the cost of CSU contributions for PERS  
          retirement and an additional 10 percent of salary.   
          Additionally, the agreement reads, "whenever possible, the  
          foregoing shall be implemented only if the CFA notifies the CSU  
          of the names of faculty unit members requesting leave thirty  
          (30) days before the start of each academic term during which  
          the leave will occur. The CFA agrees to meet with the CSU to  
          discuss concerns regarding how release time under this provision  
          impacts departmental instructional requirements." 










                                                                    AB 2294


                                                                    Page  4





          Arguments in support.  According to the author, this bill will  
          bring parity to the CSU it does not currently have with other  
          segments.  The author argues that legislation is necessary to  
          ensure that CSU employees have the right to take leave time to  
          participate in leadership roles with their union affiliates.   
          The author notes that CSU faculty participation in a union  
          elected leadership position is subject to the discretion of the  
          CSU, under relevant MOUs and Bargaining Agreements, and is not  
          guaranteed in statute.


          CSU opposition. The CSU opposes this bill, arguing the measure  
          would sidestep the collective bargaining process and impact 13  
          collective bargaining units, hindering the system's ability to  
          consider the leave request in the context of its impact on  
          campus operations and instruction. For example, CSU notes that  
          under the current faculty agreement there is a notice  
          requirement and an opportunity to discuss the impact of the  
          release time on academic departments.  


          REGISTERED SUPPORT / OPPOSITION:




          Support


          California Faculty Association (Sponsor)


          California Labor Federation


          SEIU California











                                                                    AB 2294


                                                                    Page  5






          Opposition


          California State University




          Analysis Prepared by:Laura Metune / HIGHER ED. / (916) 319-3960