BILL ANALYSIS Ó
SB 686
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Date of Hearing: July 7, 2015
ASSEMBLY COMMITTEE ON HIGHER EDUCATION
Jose Medina, Chair
SB
686 (Pan) - As Amended April 6, 2015
SENATE VOTE: 23-13
SUBJECT: Public postsecondary education: Higher Education
Employer-Employee Relations Act
SUMMARY: 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). Specifically, 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
employees would receive full collective bargaining rights
pursuant to HEERA.
2)Provides that HEERA provisions to 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
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nonsupervisory employees shall still apply.
3)Prohibits supervisory sworn peace officers employed by UC and
Hastings from being placed in the same collective bargaining
unit as nonsupervisory employees.
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
(Government Code Section 3560).
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 (GOV Section 3562).
3)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; and, 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
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such duties. To note, 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; and, specifies
that employees whose duties are substantially similar to those
of their subordinates shall not be considered to be
supervisory employees (GOV Section 3580.3).
4)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 (GOV Section 3580.5).
FISCAL EFFECT: According to the Senate Appropriations
Committee, approximate costs of $493,894 from the General Fund
(GF) to UC for collective bargaining; and, minor increased
administrative costs from the GF to the Public Employment
Relations Board (PERB).
COMMENTS: Public Employment Relations Board (PERB) and HEERA.
California's PERB acts as an appellate body to hear challenges
to proposed decisions that are issued by PERB staff.
Additionally, PERB has the overall responsibility for
administering the Educational Employment Relations Act (EERA),
Ralph C. Dills Act, HEERA, Meyers-Milias-Brown Act, Transit
Employer-Employee Relations Act, In-Home Supportive Services
Employer-Employee Relations Act, Trial Court Act, and Court
Interpreter Act. To note, decisions of the Board itself may be
appealed under certain circumstances, and then only to the state
appellate courts.
Under HEERA, UC and CSU police sergeants currently do not
possesses the same rights as each other, though they perform
identical duties. The CSU sergeants are not designated as
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supervisors; and, per a former PERB decision, police sergeants
who are employed by the UC Police Department are classified as
"supervisory employees" and are granted only limited collective
bargaining rights.
According to information provided by the author, there are
approximately 80 police sergeants who are classified as
supervisory employees of the UC.
Need for the measure. Collect bargaining rights allow employers
and employees to collectively negotiate the terms and conditions
of employment; including, but not limited to benefits, weekly
hours, leave benefits, and health and safety policies.
According to the author, "UC police officers heavily contribute
to the safety of UC campuses. They protect our UC students and
deserve the right to have their voices fairly and honestly
considered when discussing the terms and conditions of their
employment."
The author contends that by allowing UC police sergeants who are
supervisory employees, the ability to adequately represent
themselves and negotiate the term of their employment, will
allow them to have a right that is already afforded to their
counterparts within the CSU system.
Supervisory employees are granted collective bargaining rights
under both the EERA and Meyers-Milias-Brown Act. This measure
provides that the supervisory UC or Hastings police sergeants
would be required to be in separate bargaining units in order to
ensure that there are no conflicts of interest.
REGISTERED SUPPORT / OPPOSITION:
SB 686
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Support
California Federation of Teachers
California Teamsters Public Affairs Council (sponsor)
Opposition
None on file.
Analysis Prepared by:Jeanice Warden / HIGHER ED. / (916)
319-3960