BILL ANALYSIS Ó SENATE COMMITTEE ON PUBLIC EMPLOYMENT AND RETIREMENT Dr. Richard Pan, Chair 2015 - 2016 Regular Bill No: AB 2835 Hearing Date: 6/27/16 ----------------------------------------------------------------- |Author: |Cooper | |-----------+-----------------------------------------------------| |Version: |6/21/16 As amended | ----------------------------------------------------------------- ----------------------------------------------------------------- |Urgency: |No |Fiscal: |Yes | ----------------------------------------------------------------- ----------------------------------------------------------------- |Consultant:|Glenn Miles | | | | ----------------------------------------------------------------- Subject: Public employees: new employee orientation SOURCE: California Labor Federation California School Employees Association Services Employees International Union ASSEMBLY VOTES: Not Applicable with June 21, 2016, amendments. DIGEST: This bill requires all public employers to provide a specified employee orientation to all newly hired public employees, authorizes the recognized employee organization to participate in the employee orientation for represented employees, and provides that orientations for current employees are subject to bargaining. ANALYSIS: Existing law: 1)Establishes several statutory frameworks which provide for employer-employee relations by providing a reasonable method of resolving disputes regarding wages, hours, and other terms and conditions of employment between public employers and recognized public employee organizations or their exclusive representatives. These include the following: a) The State Employee-Employer Relations Act (the Ralph C. AB 2835 (Cooper) Page 2 of ? Dills Act), which governs state government employer-employee relations b) The Meyers-Milias-Brown Act, which governs labor relations between local public agencies and local public employees. c) The Education Employment Relations Act for employer-employee relations within the public school systems (K-12 and community colleges). d) The Higher Education Employer-Employee Relations Act providing for employer-employee relations at the University of California, the California State University System, and Hastings College of the Law. e) Other parallel statutory frameworks that govern labor relations among trial court employees, train court interpreters, and public transit employees and their respective public employers. 1)Uses various terms to identify the official unions representing particular groups of employees including "recognized employee organization" and "exclusive representative." 2)Delegates jurisdiction over the public employer-employee relationship to the Public Employment Relations Board (PERB) and charges PERB with resolving disputes and enforcing the statutory duties and rights of local public agency employers and employee organizations but provides the City and County of Los Angeles a local alternative to PERB oversight. This bill: 1)Requires public employers to provide all newly hired public employees, as defined, a public employee orientation within two months of the time of hiring that shall include, but is not limited to, all of the following: a) The personnel and civil service policies of the public employer, including sexual harassment, whistleblower, violence prevention, and safety plans. b) Any applicable civil service rules. AB 2835 (Cooper) Page 3 of ? c) Any ethics or conflict-of-interest rules to which the public employee is subject, as applicable. d) Any employer-sponsored benefits programs for which the public employee is eligible. 1)Provides that a public employee orientation shall meet the following minimum requirements: a) Take place during the regular workday and at the worksite, unless the public employer and recognized employee organization or exclusive representative have agreed otherwise. The scheduling of orientations shall be agreed upon with the recognized employee organization or exclusive representative. All newly hired public employees shall attend in person. b) If employees are represented by an employee organization or exclusive representative, permit those representatives to make a presentation of 30 minutes that shall begin within one hour of the start of the employer's orientation that shall include, but is not limited to, all of the following: i) Information about the memorandum of understanding, including the term of the agreement, eligibility to vote on its ratification, and how to access the contract. ii) Any union benefit for which members may be eligible. iii) Contact information for the exclusive representative. If no representative from the employee organization or exclusive representative is present during the designated start time of the union portion of the orientation, there is no requirement that they be afforded additional time. If employees in different bargaining units are provided a combined orientation, employees in each bargaining unit shall be provided a separate space in which the union representing each bargaining unit shall be permitted to address its bargaining unit members during the time allotted for the union's presentation. AB 2835 (Cooper) Page 4 of ? In addition to other representatives, each employee organization or exclusive representative may designate one employee representative who may attend the orientation on paid time. The content of the union's presentation shall be determined solely by the employee organization or exclusive representative and shall not be subject to negotiation. The presentation shall not include advocacy for or against a candidate for political office or ballot measure. Prior to implementing the employee orientation requirements, the public employer shall provide at least the level of access to, and the opportunity to make presentations at, orientations that the public employer allowed the employee organization or exclusive representative as of June 1, 2016, and nothing in the bill shall be construed as infringing upon or limiting that access. 1)Requires the public employer to provide to the employee organization or exclusive representative, the job title, department, work location, phone number, and home address of any newly hired employee within seven days of the date of hire and also notice of a scheduled orientation not less than 10 days prior to the orientation, unless earlier notice is required by an agreement with the employee organization or exclusive representative. The employee information to be provided by the employer must be provided to the employee organization or exclusive representative regardless of whether the newly hired employee was previously employed by the public employer. The information shall be provided in a manner consistent with existing law restricting disclosure of information regarding public employees and participants in the address confidentiality program which protects personal information of specified individuals such as law enforcement and victims of domestic abuse. 2)Does not prohibit a public employer and employee organization or exclusive representative from negotiating an agreement providing for orientation sessions that vary from the bill's default requirements. However, if the public employer and the employee organization or exclusive representative do not reach AB 2835 (Cooper) Page 5 of ? mutual agreement regarding the orientation sessions, all of the requirements of this bill shall apply. 3)Clarifies that a public employer does not unlawfully support or favor an employee organization or encourage employees to join any organization in preference to another as prohibited by existing law, as specified, by permitting an employee organization or exclusive representative the opportunity to present at employee orientations and informational programs as required by this bill or consistent with a negotiated agreement. 4)Clarifies that existing law governing public employer-employee relations, as specified, includes an obligation to meet and confer regarding informational programs for current state employees that are similar to the state employee orientations required by the bill. The establishment, scheduling, and administration of these programs shall be negotiated by the employer and the employee organization or exclusive representative pursuant to the applicable law governing the public employment relationship at issue in the same manner as other matters within the scope of representation. The content of any union presentation included as part of the informational program shall be determined solely by the employee organization or exclusive representative and shall not be subject to negotiation. The failure to reach agreement on these employee informational programs shall be subject to the mediation provisions of the chapter governing the public employment relationship at issue, in the same manner as other matters within the scope of representation. 5)Notwithstanding provisions of the California Public Records Act exempting specified records from disclosure, requires the public employer to provide the employee organization or exclusive representative with a list containing the name, job title, department, work location, phone number, and home address of all employees in the bargaining unit at least every 90 days, unless more frequent or more detailed lists are required by an agreement with the union. The information shall be provided in a manner consistent with existing law AB 2835 (Cooper) Page 6 of ? restricting disclosure of information regarding public employees and participants in the address confidentiality program which protects personal information of specified individuals such as law enforcement and victims of domestic abuse. 6)Defines public employers that are subject to this bill's provisions and defines "newly hired public employee" to mean any employee, whether permanent, temporary, full time, or part time, hired by a public employer, who is still employed as of the date of the new hire orientation. 7)Requires PERB to have jurisdiction over violations of the requirements of this bill and provides that PERB's powers and duties apply, as specified. 8)States that this bill will not result in a local mandate, as specified, but that if the Commission on State Mandates determines that this act contains mandated costs, reimbursements to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code. Background According to the author, Traditionally, public sector jobs have had little turnover, but that is about to change. Governor Brown's January 2016 budget summary states: "With more than 40 percent of the state workforce entering retirement by 2018, more work is needed to develop and support the next generation of employees." As California faces this coming influx of new public servants, there is no uniform standard for public employers to provide an orientation to new employees. Many local agencies and districts provide orientations, but others have no orientation at all. AB 2835 (Cooper) Page 7 of ? This bill would address that shortcoming in public sector personnel practices. It would set basic, minimum standards for local agencies and unions to help educate new workers. It would also allow for local flexibility. This bill is good policy for employees, local government, schools, and the public. Orientations help new employees to fully understand their responsibilities and the laws that govern their work. Orientations also educate employees about their employment rights and benefits and other services available to them. Together these provisions will help build a more educated and effective workforce, will limit liability to public agencies, and will provide better service to the taxpayers, state, students and communities served. FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: No No fiscal analysis has been provided. SUPPORT: California Labor Federation (co-source) California School Employees Association (co-source) Services Employees International Union (co-source) California Professional Firefighters California Teachers Association OPPOSITION: None received ARGUMENTS IN SUPPORT: According to the author, this bill "Creates a uniform statewide standard regarding public employee orientation; ensures an effective use of taxpayer funding by confirming employees have balanced and accurate information regarding their rights and benefits; creates a more educated and effective workforce to respond to serve the public; and ensures all new teachers, firefighters, police officers and other public employees understand their rights, benefits, obligations and AB 2835 (Cooper) Page 8 of ? duties." According to the sponsors, California faces an influx of new public servants with more than 40 percent of the state workforce entering retirement by 2018. "There is no uniform standard for public employers to provide an orientation to new employees. Many local agencies and districts provide orientations, but others have no orientation at all." AB 2835 ensures "that all future public employees participate in a new hire orientation about key policies such as workplace safety, sexual harassment, and violence prevention. It would also give workers the opportunity to hear from their union about their contractual rights and benefits."