BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                    AB 2754


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          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