BILL ANALYSIS                                                                                                                                                                                                    Ó






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          |SENATE RULES COMMITTEE            |                        SB 686|
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                                   THIRD READING 


          Bill No:  SB 686
          Author:   Pan (D)
          Amended:  4/6/15  
          Vote:     21  

           SENATE PUBLIC EMP. & RET. COMMITTEE:  4-1, 4/13/15
           AYES:  Pan, Beall, Fuller, Hall
           NOES:  Morrell

           SENATE APPROPRIATIONS COMMITTEE:  5-2, 5/28/15
           AYES:  Lara, Beall, Hill, Leyva, Mendoza
           NOES:  Bates, Nielsen

           SUBJECT:   Public postsecondary education:  Higher Education  
                     Employer-Employee Relations Act


          SOURCE:    California Teamsters Public Affairs Council
          
          DIGEST:   This bill provides full collective bargaining rights  
          pursuant to the Higher Education Employer-Employee Relations Act  
          (HEERA) to supervisory employees employed as sworn peace  
          officers by the University of California (UC) or the Hastings  
          College of the Law (Hastings).

          ANALYSIS:
          
          Existing law:
          
          1)Establishes HEERA which provides a statutory framework to  
            regulate labor relations between the UC, the California State  
            University (CSU), and Hastings and their respective employees.









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          2)Authorizes recognized employee organizations to represent  
            employees covered under HEERA in collective bargaining with  
            their employers over matters within the scope of  
            representation, as defined, including grievances, labor  
            disputes, wages, hours, and other terms and conditions of  
            employment.

          3)Limits, for supervisory employees, collective bargaining  
            rights provided under HEERA.

          4)Defines "supervisory employee" for purposes of HEERA as any  
            individual having authority, in the interest of the employer,  
            to hire, transfer, suspend, lay off, recall, promote,  
            discharge, assign, reward, or discipline other employees, or  
            responsibility to direct them, or to adjust their grievances,  
            or effectively to recommend such action if exercising such  
            authority requires the use of independent judgment rather than  
            is of a routine or clerical nature.

          5)Provides that academic or faculty employees, department chairs  
            or heads of similar academic units or programs, or other  
            employees who perform similar duties primarily in the interest  
            of or on behalf of members of the academic department, unit,  
            or program shall not be deemed a supervisory employee solely  
            because of such duties.  However, HEERA also creates a  
            rebuttable presumption for UC and Hastings employees wherein  
            such employees appointed by the employer to an indefinite term  
            shall be deemed to be supervisory employees.

          6)States that employees whose duties are substantially similar  
            to those of their subordinates shall not be considered to be  
            supervisory employees.

          7)Prohibits 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.

          This bill:

          1)Makes HEERA provisions that limit the collective bargaining  
            rights of supervisory employees inapplicable to supervisory  
            sworn peace officers employed by UC and Hastings so that such  







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            employees will receive full collective bargaining rights  
            pursuant to HEERA.

          2)Provides that HEERA provisions shall still apply which  
            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.

          Background

          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 but that similar sworn peace  
          officer supervisory employees employed by UC and Hastings do not  
          have duties that are substantially similar to those of their  
          subordinates and thus have limited collective bargaining rights  
          under HEERA.  This bill gives clear statutory authority to  
          provide full collective bargaining rights to these UC and  
          Hastings employees.

          Prior/Related Legislation


          SB 765 (Block, 2013) would have permitted a school district  
          (including a community college district) supervisory peace  
          officer to join or participate in an employee organization and  
          negotiating unit composed of exclusively supervisory peace  
          officers or both supervisory and non-supervisory peace officers.  
           Governor Brown vetoed the bill because "allowing school police  
          officer supervisors to join rank and file bargaining units  
          creates opportunity for conflict of interest between supervisors  
          and employees."


          FISCAL EFFECT:   Appropriation:    No          Fiscal  
          Com.:YesLocal:   No







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          According to the Senate Appropriations Committee:

           Approximate costs of $493,894 to UC for collective bargaining  
            (General Fund)
           Minor increased administrative costs to PERB (General Fund)

          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%, 3%, and 7% 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 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.


          SUPPORT:   (Verified5/28/15)


          California Teamsters Public Affairs Council (source)
          California Federation of Teachers


          OPPOSITION:   (Verified5/28/15)









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          None received

          ARGUMENTS IN SUPPORT:  According to this bill's sponsor,  
          California Teamsters Public Affairs Council, "the treatment of  
          police sergeants under HEERA is quite conflicted.  The sergeants  
          who work for CSU are not designated as supervisors even though  
          they perform identical duties to UC police sergeants.  Under an  
          old PERB decision, UC police officers are so designated.  While  
          we don't seek to change the treatment of the sergeants at CSU,  
          we do think, as a matter of basic equity, UC police sergeants  
          should have the same rights as their brethren who do the same  
          work at CSU."


          The California Federation of Teachers states that "SB 686  
          remedies this inequity, providing safeguards for ensuring no  
          conflict of interest between line officers and the 'supervisory  
          employees' covered by the measure."

          Prepared by:Glenn Miles / P.E. & R. / (916) 651-1519
          5/30/15 16:35:36
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