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 AB 2754 Page 2 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% AB 2754 Page 3 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 AB 2754 Page 4 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 AB 2754 Page 5 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 AB 2754 Page 6 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 AB 2754 Page 7 Service Employees International Union UDW/AFSCME Local 3930 Analysis Prepared by:Karon Green / P.E.,R., & S.S. / (916) 319-3957