BILL ANALYSIS Ó
AB 2754
Page 1
Date of Hearing: May 4, 2016
ASSEMBLY COMMITTEE ON PUBLIC EMPLOYEES, RETIREMENT, AND SOCIAL
SECURITY
Rob Bonta, Chair
AB 2754
(Grove) - As Amended April 21, 2016
SUBJECT: Public employment: employee bargaining
representatives: elections
SUMMARY: Requires, by January 1, 2017, a public employee labor
organization to hold an election every two years to determine if
the current organization will continue to represent its members,
as specified. Specifically, this bill:
1)Requires a public employee organization that provides
representation to public employees in labor negotiations with
a public employer to hold an election every two years to
determine if that organization will continue to represent its
members.
2)Specifies that during the election members will have the right
to affirmatively select another public employee organization
to represent them.
3)Requires the public employee organization holding the election
to forward to all of its members one email from each of the
organizations running in the election and specifies that the
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email is only to be used for purposes of the election, sent
only once during the election, and at the time agreed to
between both organizations.
4)Requires, during any election of an officer of a public
employee organization, the organization to forward to all of
its members one email from each candidate running in the
election and specifies that the email is only to be used for
purposes of the election, sent only once during the election,
and at the time agreed to between both organizations.
5)Defines "public employer" as any public employer subject to
the Meyers-Milias-Brown Act (MMBA), the State
Employer-Employee Relations Act, known as the Ralph C. Dills
Act (Dills Act), the Excluded Employees Bill of Rights, the
Educational Employment Relations Act (EERA), the Higher
Education Employer-Employee Relations Act (HEERA), the Trial
Court Employment Protection and Governance Act (Trial Court
Act), the Trial Court Interpreter Employment and Labor
Relations Act (Court Interpreter Act), and the Los Angeles
County Metropolitan Transportation Authority Transit
Employer-Employee Relations Act (TEERA).
FISCAL EFFECT: Unknown. This bill is keyed non-fiscal by the
Legislative Counsel.
COMMENTS: According to the author, "Current law allows public
employees the right to form, join, and participate in an
employee union of their choosing. These unions represent their
members in employer-employee relations to negotiate better
benefits, hours, wages, etc., and to advocate for them in
employer disputes. Currently, union members are supposed to
able to choose their own union by either filing a
decertification petition with the California Public Employment
Relations Board (PERB) with proof of support from at least 30%
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of the union members; or members must decertify through an
election in accordance with local city or county rules.
However, over the years, it has become increasingly difficult
for public employee union members to decertify their union or
replace their union representation."
Supporters state, "It is common for employees to organize into a
union through a 'card check' process in which a majority of
employees in a bargaining unit 'vote' by signing authorization
forms stating that they wish to be represented by a union. If
public unions agree to that level of democracy in order to gain
new members, a requirement confirming that choice on a periodic
basis is equitable."
Opponents state, "California's various laws establishing
collective bargaining among government employees all have
mechanisms in place for members to change their organizational
representation. In addition, members who are dissatisfied with
their organization have the opportunity periodically to elect
new leadership through a democratic process."
Opponents further state, "AB 2754 will complicate this
long-standing precedent and force public agencies to host
superfluous elections, when a petition of employees can already
trigger such an election. By requiring these needless
elections, agencies will have to redirect time on an election
that they didn't ask for, and anti-worker groups will have an
unfair opportunity to undermine the collective bargaining rights
of workers across California. AB 2754 is a blatant attack on
organized working families in California. It creates an
unnecessary burden on public employees and wastes valuable
public resources."
Opponents conclude, "On the surface, this bill would seem to
promote the rights of public employees to choose their
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representation. However, the bill sets forth procedures that
conflict with employee choice. Under most current public sector
bargaining laws, the election process to determine exclusive
representation is conducted or administrated by the California
Public Employment Relations Board (PERB). PERB currently
provides a certification process whereby a particular labor
organization is authorized to represent a well-defined group of
public employees. AB 2754 places the onus on the existing
representative to conduct such an election, provide access to
its members mailing addresses, and facilitates the mailings of
competing organizations to its members. This new process
conflicts with the decades of administrative experience at PERB
in ensuring that employee choice is protected from unfair
practices of labor representatives and employers."
REGISTERED SUPPORT / OPPOSITION:
Support
Howard Jarvis Taxpayers Association
Opposition
American Federation of State, County and Municipal Employees
Association for Los Angeles Deputy Sheriffs
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Association of Deputy District Attorneys
California Association of Highway Patrolmen
California Association of Professional Scientists
California Community College Independents
California Conference Board of the Amalgamated Transit Union
California Conference of Machinists
California Correctional Peace Officers Association
California Federation of Teachers
California Labor Federation
California Professional Firefighters
California School Employees Association
California State University Employees Union
California Teachers Association
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California Teamsters Public Affairs Council
Engineers & Scientists of CA, IFPTE Local 20, AFL-CIO
LIUNA Locals 777 & 792
Los Angeles County Deputy Probation Officers' Union, AFSCME,
Local 685
Los Angeles County Professional Peace Officers Association
Los Angeles Police Protective League
Organization of SMUD Employees
Peace Officers Research Association of California
Professional & Technical Engineers, IFPTE Local 21, AFL-CIO
Professional Engineers in California Government
Riverside Sheriffs' Association
San Diego County Court Employee Association
San Luis Obispo County Employees Association
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Service Employees International Union
UDW/AFSCME Local 3930
Analysis Prepared by:Karon Green / P.E.,R., & S.S. / (916)
319-3957