BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | SB 686|
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VETO
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
SENATE FLOOR: 23-13, 6/1/15
AYES: Beall, Block, Cannella, De León, Galgiani, Hall,
Hancock, Hernandez, Hertzberg, Hill, Jackson, Lara, Leno,
Leyva, Liu, McGuire, Mendoza, Monning, Pan, Pavley, Roth,
Wieckowski, Wolk
NOES: Anderson, Bates, Berryhill, Fuller, Gaines, Huff,
Moorlach, Morrell, Nguyen, Nielsen, Runner, Stone, Vidak
NO VOTE RECORDED: Allen, Glazer, Hueso, Mitchell
ASSEMBLY FLOOR: 54-24, 9/2/15 - See last page for vote
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).
SB 686
Page 2
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.
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.
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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
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 686
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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
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
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contract would result in increased salaries and related costs of
between $1,928 and $14,858 annually.
SUPPORT: (Verified10/21/15)
California Teamsters Public Affairs Council (source)
California Federation of Teachers
OPPOSITION: (Verified10/21/15)
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."
GOVERNOR'S VETO MESSAGE:
I am returning Senate Bill 686 without my signature.
This bill provides full collective bargaining rights under
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the Higher Education Employer-Employee Relations Act to
University of California and Hastings College of the Law
supervisory peace officers.
I vetoed a similar bill, SB 765, in 2013, out of a concern
that it blurred the line between labor and management.
Nothing has changed.
ASSEMBLY FLOOR: 54-24, 9/2/15
AYES: Achadjian, Alejo, Bloom, Bonilla, Bonta, Brown, Burke,
Calderon, Campos, Chau, Chávez, Chiu, Chu, Cooley, Cooper,
Dababneh, Daly, Dodd, Eggman, Frazier, Cristina Garcia,
Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez, Gray, Roger
Hernández, Holden, Irwin, Jones-Sawyer, Levine, Linder, Lopez,
Low, McCarty, Medina, Mullin, Nazarian, O'Donnell, Perea,
Quirk, Rendon, Ridley-Thomas, Rodriguez, Salas, Santiago, Mark
Stone, Thurmond, Ting, Weber, Williams, Wood, Atkins
NOES: Travis Allen, Baker, Bigelow, Brough, Chang, Dahle, Beth
Gaines, Gallagher, Grove, Hadley, Harper, Jones, Kim, Lackey,
Maienschein, Mathis, Melendez, Obernolte, Olsen, Patterson,
Steinorth, Wagner, Waldron, Wilk
NO VOTE RECORDED: Gordon, Mayes
Prepared by:Glenn Miles / P.E. & R. / (916) 651-1519
11/4/15 13:34:09
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