BILL ANALYSIS Ó
AB 2662
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Date of Hearing: April 20, 2016
ASSEMBLY COMMITTEE ON PUBLIC EMPLOYEES, RETIREMENT, AND SOCIAL
SECURITY
Rob Bonta, Chair
AB 2662
(Patterson) - As Amended March 17, 2016
SUBJECT: Employee organizations: decertification
SUMMARY: Requires the Public Employment Relations Board (PERB)
to complete and publish the results of a decertification
election filed pursuant to the Educational Employment Relations
Act (EERA) within 90 days of determining that the proof of
support for the decertification petition is sufficient.
EXISTING LAW:
1)Charges PERB with administering the collective bargaining
statutes covering employees of California's public schools
(Educational Employment Relations Act), colleges and
universities (Higher Education Employer-Employee Relations
Act), employees of the State of California (Ralph C. Dills
Act), employees of local public agencies (cities, counties and
special districts under the Meyers-Milias-Brown Act), trial
court employees (Trial Court Employment Protection and
Governance Act and the Trial Court Interpreter Employment and
AB 2662
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Labor Relations Act), employees covered by the In-Home
Supportive Services Employer-Employee Relations Act, and
supervisory employees of the Los Angeles County Metropolitan
Transportation Authority.
2)Empowers PERB to, among other things, decide contested matters
relating to the recognition, certification, or decertification
of public employee organizations.
3)Requires that decertification petitions be accompanied by
proof that at least 30% of the employees in established unit
either:
a) No longer desire to be represented by the incumbent
exclusive representative; or
b) Wish to be represented by another employee organization.
FISCAL EFFECT: Unknown.
COMMENTS: According to the author, currently there are, "?no
guarantees in state law that decertification elections conducted
by PERB will be conducted in a swift timely manner. Currently,
there can be difficulty in bringing a party of a decertification
election to the table to agree to an election date. AB 2662
provides certainty that workers who are unhappy with their
current labor representation and file to decertify their current
labor organization can do so."
AB 2662
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According to information provided to the Committee by PERB, in
2014-15 there were 9 decertification cases filed. Three of
those cases were filed pursuant to EERA. Of those three, one
was withdrawn, one resulted in an election being held within 90
days, and the third was delayed due to a legal challenge
unrelated to the decertification.
The Committee is informed that the author will be offering
amendments in Committee that remove the 90 day requirement from
EERA and instead place it in the MMBA.
REGISTERED SUPPORT / OPPOSITION:
Support
None on file
Opposition
Service Employees International Union
AB 2662
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Analysis Prepared by:Karon Green / P.E.,R., & S.S. / (916)
319-3957