BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                     SB 686


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          SENATE THIRD READING


          SB  
          686 (Pan)


          As Amended  April 6, 2015


          Majority vote


          SENATE VOTE:  23-13


           ------------------------------------------------------------------ 
          |Committee       |Votes|Ayes                  |Noes                |
          |                |     |                      |                    |
          |                |     |                      |                    |
          |                |     |                      |                    |
          |----------------+-----+----------------------+--------------------|
          |Higher          |11-2 |Medina, Bloom,        |Baker, Harper       |
          |Education       |     |Chávez, Irwin,        |                    |
          |                |     |Jones-Sawyer, Levine, |                    |
          |                |     |Linder, Low,          |                    |
          |                |     |Santiago, Weber,      |                    |
          |                |     |Williams              |                    |
          |                |     |                      |                    |
          |----------------+-----+----------------------+--------------------|
          |Appropriations  |12-5 |Gomez, Bloom, Bonta,  |Bigelow, Chang,     |
          |                |     |Calderon, Nazarian,   |Gallagher, Jones,   |
          |                |     |Eggman, Eduardo       |Wagner              |
          |                |     |Garcia, Holden,       |                    |
          |                |     |Quirk, Rendon, Weber, |                    |
          |                |     |Wood                  |                    |
          |                |     |                      |                    |
          |                |     |                      |                    |
           ------------------------------------------------------------------ 








                                                                     SB 686


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          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  
            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 (GOV) Section 3560).


          2)Authorizes recognized employee organizations to represent  








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            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  
            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 Assembly Appropriations  
          Committee:









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          1)The UC estimates initial costs of about $500,000 (General  
            Fund) associated with collective bargaining, to include  
            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 UC'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.


            There are approximately 60-70 employees throughout UC, with  
            the classification of Sergeant, who could be affected by the  
            provisions in this bill.  The systemwide salaries for these  
            individuals are currently $7.1 million.  To the extent  
            collective bargaining negotiations result in larger salary  
            increases for these employees, the additional costs would be  
            $71,000 for each additional percentage increase.


          5)Hastings indicates its security function is staffed by peace  
            officers represented by the Hastings Public Safety Officers  
            Association, but they are not "sworn" peace officers and thus  
            may not be affected by this bill.  If this collective  
            bargaining right were to be extended to the two positions  
            supervising nine full-time public safety officers, collective  
            bargaining costs would be around $100,000.  The cost impact of  
            higher salaries resulting from collective bargaining would be  
            minor.


          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.    








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          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  
          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. 


          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 HEERA and Meyers-Milias-Brown Act.  This measure  








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          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.




          Analysis Prepared by:                                             
          Jeanice Warden / HIGHER ED. / (916) 319-3960  FN: 0001651