BILL ANALYSIS Ó
SENATE COMMITTEE ON APPROPRIATIONS
Senator Ricardo Lara, Chair
2015 - 2016 Regular Session
SB 686 (Pan) - Higher Education Employer-Employee Relations Act:
Supervisory employees
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|Version: April 6, 2015 |Policy Vote: P.E. & R. 4 - 1 |
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|Urgency: No |Mandate: No |
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|Hearing Date: May 28, 2015 |Consultant: Maureen Ortiz |
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SUSPENSE FILE.
Bill
Summary: SB 686 provides full collective bargaining rights to
supervisory employees employed as sworn peace officers by the
University of California (UC) or the Hastings College of the
Law.
Fiscal
Impact:
Approximate costs of $493,894 to UC for collective bargaining
(General Fund)
Minor increased administrative costs to PERB (General Fund)
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If collective bargaining negotiations result in salary increases
to supervisory sworn peace officers at the UC, those additional
expenses would be approximately $81,650, $213,000 and $497,000
annually for increases of 1.15 percent, 3 percent, and 7 percent
respectively.
The UC estimates initial costs associated with collective
bargaining to be $493,894 resulting from holding bargaining
sessions, planning, researching, drafting language, responding
to union formation requests, and travel expenses associated with
negotiators/assistant negotiators, faculty representatives and
campus labor relations representatives. Each of the University's
10 campuses has a police department that employs fully sworn law
enforcement officers with full arrest powers and primary
jurisdiction for law enforcement on their campus.
While Hastings College of the Law indicates that its security
function is staffed by peace officers represented by the
Hastings Public Safety Officers Association, they are not
"sworn" peace officers and may not be affected by SB 686. If,
however, this collective bargaining right were to be extended to
the two positions supervising nine full-time public safety
officers, Hastings indicates collective bargaining costs of
approximately $100,000. Potential salary increases that may
result from a negotiated contract would result in increased
salaries and related costs of between $1,928 and $14,858
annually.
Background: The Higher Education Employer-Employee Relations Act (HEERA)
provides a statutory framework to regulate labor relations
between the University of California (UC), California State
University (CSU), the Hastings College of the Law and their
respective employees. Recognized employee organizations
represent employees covered under HEERA in collective bargaining
over matters within the scope of representation including
grievances, labor disputes, wages, hours, and other terms and
conditions of employment.
Supervisory employees have limited collective bargaining rights
provided under HEERA.
Proposed Law:
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SB 686 does the following:
1) Makes HEERA provisions that limit the collective bargaining
rights of supervisory employees inapplicable to supervisory
sworn peace officers employed by UC and Hastings, thereby
providing full collective bargaining rights pursuant to HEERA to
these employees.
2) Continues provisions of HEERA that prohibit supervisory
employees from participating on behalf of nonsupervisory
employees in the handling of grievances, in meet and confer
sessions, or in voting on questions of ratification or rejection
of memoranda of understanding governing nonsupervisory
employees.
3) Prohibits supervisory sworn peace officers employed by UC
and Hastings from being placed in the same collective bargaining
unit as nonsupervisory employees.
Staff
Comments: The Public Employment Relations Board (PERB)
concluded in previous decisions that sworn peace officer
supervisory employees employed by CSU whose duties are
substantially similar to those of their subordinates are
eligible for full collective bargaining rights under HEERA.
However, PERB ruled that sworn peace officer supervisory
employees employed by UC and Hastings do not have duties that
are substantially similar to those of their subordinates and
therefore are not granted full collective bargaining rights
under HEERA. They are provided a limited right of meeting and
discussing their employment with UC management, and the
university is not required to negotiate in good faith.
There are approximately 60-70 employees with the classification
of Sergeant who would be affected by the provisions in this
bill. The system wide salaries for these individuals are
currently $7.1 million at UC and approximately $170,000 at
Hastings.
SB 686 will bring UC and Hastings sworn peace officer
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supervisory employees under the jurisdiction of HEERA, giving
them full collective bargaining rights.
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