Amended in Senate April 6, 2015

Senate Bill No. 686

Introduced by Senator Pan

February 27, 2015

An act to begin delete amend Section 3562 of end delete begin insert add Section 3581 to end insert the Government Code, relating to public postsecondary education.

LEGISLATIVE COUNSEL’S DIGEST

SB 686, as amended, Pan. Public postsecondary education: Higher Education Employer-Employee Relations Act.

Existing law, known as the Higher Education Employer-Employee Relations Act, contains provisions relating to employer-employee relations between the state and the employees of state institutions of higher education, including the University of California and the California State University, as well as the Hastings College of the Law. These provisions assign major responsibilities for implementation to the Public Employment Relations Board. begin insert The Higher Education Employer-Employee Relations Act provides specified rights, provisions, and definitions for supervisory employees, as defined, of the University of California and the Hastings College of the Law, and excludes those employees from the general provisions of the act. end insert

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Under the act, an “employee” or “higher education employee” is defined as any employee of the Regents of the University of California, the Directors of the Hastings College of the Law, or the Trustees of the California State University. The act authorizes the board to find that student employees whose employment is contingent on their status as students are employees covered by the act only if the services they provide are unrelated to their educational objectives, or that those educational objectives are subordinate to the services they perform and that coverage under this act would further the purposes of the act.

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This bill would provide that the definition of “employee” or “higher education employee” also includes a supervisory employee employed as a sworn peace officer by the University of California or the Hastings College of Law. The bill would also make nonsubstantive changes to a definition in the act.

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This bill would provide that the general provisions of the act apply, instead of the specified rights, provisions, and definitions for supervisory employees, to supervisory employees who are employed as sworn peace officers by the University of California or the Hastings College of the Law, except as specified. The bill would prohibit supervisory employees who are employed as sworn peace officers by the University of California or the Hastings College of the Law from being placed in the same collective bargaining unit as nonsupervisory employees.

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Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

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begin insert SECTION 1. end insert   

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begin insert Section 3581 is added to the end insert begin insert Government Code end insert begin insert ,
to read: end insert

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begin insert 3581. end insert   

(a) Except as provided in Section 3580.5 and this
section, this article shall not apply to a supervisory employee, as
defined in Section 3580.3, who is employed as a sworn peace
officer by the University of California or the Hastings College of
the Law.

(b) Supervisory employees described in subdivision (a) shall
not be placed in the same collective bargaining unit as
nonsupervisory employees.

(c) Except as provided in this section, supervisory employees
described in subdivision (a) shall be subject to all other provisions
of this chapter.

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All matter omitted in this version of the bill appears in the bill as introduced in the Senate, February 27, 2015. (JR11)