BILL ANALYSIS                                                                                                                                                                                                    Ó




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          |SENATE RULES COMMITTEE            |                       AB 2835|
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                                   THIRD READING 


          Bill No:  AB 2835
          Author:   Cooper (D), et al.
          Amended:  8/15/16 in Senate
          Vote:     21 

           SENATE PUBLIC EMP. & RET. COMMITTEE:  3-2, 6/27/16
           AYES:  Pan, Beall, Hall
           NOES:  Morrell, Moorlach

           SENATE APPROPRIATIONS COMMITTEE:  5-2, 8/11/16
           AYES:  Lara, Beall, Hill, McGuire, Mendoza
           NOES:  Bates, Nielsen

           ASSEMBLY FLOOR:  53-24, 6/1/16 - See last page for vote

           SUBJECT:   Public employees:  orientation and informational  
                     programs:  recognized employee organizations


          SOURCE:    California Labor Federation
                               California School Employees Association
                               Services Employees International Union

          DIGEST:    This bill requires public employers subject to  
          specified labor relations acts to provide an employee  
          orientation to all newly hired public employees, requires the  
          orientation to meet specified minimum requirements, and  
          authorizes the employees' exclusive representative to make a 30  
          minute presentation at the orientation.

          ANALYSIS:
          
          Existing law:
          
           1) Establishes several statutory frameworks which provide for  








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             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, 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 subject to the specified public  








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             employer employee labor relations acts 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.

              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.

           2) Provides that a public employee orientation shall meet the  
             following minimum requirements:

              a)    Be conducted in person during the regular workday of  
                employees attending. If employees are represented, the  
                exclusive representative must be given not less than 10  
                days' notice in advance of an orientation.

              b)    If employees are represented, the exclusive  
                representative shall be permitted to make a presentation  
                of 30 minutes, to begin in the first half of the  
                orientation that may include, but is not limited to, 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.

              c)    If the representative from the exclusive  
                representative is not present at the designated start time  
                of its part of the presentation, there is no requirement  








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                that the representative be afforded additional time.

              d)    In addition to other representatives, each exclusive  
                representative may designate one employee representative  
                who may attend the orientation.

                The content of the exclusive representative's presentation  
                shall be determined solely by the 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 exclusive representative as of June 1, 2016,  
                and nothing in the bill shall be construed as infringing  
                upon or limiting that access.

           3) Requires the public employer to provide to the exclusive  
             representative, with the name, job title, department, work  
             location, telephone number, and home address of any newly  
             hired employee who may be represented by the exclusive  
             representative within 30 days of the date of hire. 

             The employee information to be provided by the employer must  
             be provided to the 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.

           4) Authorizes a public employer and an exclusive representative  
             to negotiate an agreement providing for orientation sessions  
             that may vary from any requirements of the default  
             orientation provision.  However, in the absence of a mutual  
             agreement regarding the orientation sessions, all of the  








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             requirements of the default orientation provision of this  
             bill shall apply.

           5) 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 exclusive  
             representative the opportunity to present at employee  
             orientations and informational programs as required by this  
             bill or consistent with a negotiated agreement.

           6) Clarifies that this bill's provision establishing the  
             default employee orientation session does not modify the  
             scope of bargaining.  

           7) Requires, notwithstanding provisions of the California  
             Public Records Act exempting specified records from  
             disclosure, the public employer to provide the 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 exclusive representative.  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.

           8) Defines public employers that are subject to this bill's  
             provisions as those employers subject to public employer  
             employee labor relations acts, as specified.

           9) 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.

           10)Defines "exclusive representative" to mean the exclusive  
             representative or recognized employee organization for the  
             bargaining unit.








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           11)Gives PERB jurisdiction over violations of the requirements  
             of this bill and provides that PERB's powers and duties  
             apply, as specified.

           12)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.

             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.









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             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.:YesLocal:   Yes

          According to the Senate Appropriations Committee, this bill  
          would result in unknown General and special fund costs, at a  
          minimum in the millions of dollars annually, for state  
          departments to modify their administration functions to  
          implement the provisions of the bill.


          SUPPORT:   (Verified8/12/16)


          California Labor Federation (co-source)
          California School Employees Association (co-source)
          Services Employees International Union (co-source)
          American Federation of State, County and Municipal Employees,  
          AFL-CIO
          CAL FIRE Local, 2881
          California Faculty Association
          California Nurses Association
          California Professional Firefighters
          California Teachers Association
          California-Nevada Conference of Operating Engineers
          Laborers' International Union of North America, Local 777
          Laborers' International Union of North America, Local 792
          Los Angeles County Professional Peace Officers Association
          Orange County Employees Association
          Orange County Professional Firefighters Association
          Organization of SMUD Employees
          San Diego County Court Employees Association
          San Luis Obispo County Employees Association


          OPPOSITION:   (Verified8/12/16)









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           Association of California Community College Administrators
           Association of California School Administrators
           California Association of School Business Officials
           California Association of Suburban Schools
           California County Superintendents Association
           California School Boards Association
           California Special Districts Association
           California State Association of Counties
           City of Palmdale
           Kern County Superintendent of Schools
           League of California Cities
           Riverside County Superintendent of Schools
           Rural County Representatives of California
           San Joaquin County Board of Supervisors
           Urban Counties of California

          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  
          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."

          ARGUMENTS IN OPPOSITION:  According to the opposition, "The  
          requirements in AB 2835 will significantly increase the costs  
          for public  agencies. By increasing the frequency and number of  








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          orientations, while requiring the schools and public employers  
          to utilize additional staff to cover classes and other services  
          during the orientation, the bill will drive up state and locals  
          costs in the hundreds of millions of dollars.  The over  
          prescriptive requirements of AB 2835 prevent management and  
          labor from utilizing more cost efficient and effective methods  
          of conducting orientations."


          ASSEMBLY FLOOR:  53-24, 6/1/16
          AYES:  Alejo, Arambula, Atkins, Bloom, Bonilla, Bonta, Brown,  
            Burke, Calderon, Campos, Chau, Chiu, Chu, Cooley, Cooper,  
            Dababneh, Daly, Dodd, Eggman, Frazier, Cristina Garcia,  
            Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez, Gordon, Gray,  
            Roger Hernández, Holden, Irwin, Jones-Sawyer, Levine, Linder,  
            Lopez, Low, McCarty, Medina, Mullin, Nazarian, O'Donnell,  
            Quirk, Ridley-Thomas, Rodriguez, Salas, Santiago, Mark Stone,  
            Thurmond, Ting, Weber, Williams, Wood, Rendon
          NOES:  Achadjian, Travis Allen, Baker, Brough, Chang, Chávez,  
            Beth Gaines, Gallagher, Grove, Hadley, Harper, Jones, Kim,  
            Lackey, Maienschein, Mathis, Mayes, Melendez, Obernolte,  
            Olsen, Patterson, Steinorth, Wagner, Wilk
          NO VOTE RECORDED:  Bigelow, Dahle, Waldron

          Prepared by:Glenn Miles / P.E. & R. / (916) 651-1519
          8/16/16 10:45:14


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