BILL NUMBER: AB 707 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Member Negrete McLeod
FEBRUARY 22, 2001
An act to amend Sections 3562 and 3579 of the Government Code,
relating to higher education labor relations.
LEGISLATIVE COUNSEL'S DIGEST
AB 707, as introduced, Negrete McLeod. Higher education labor
relations: mediation.
Existing law contains provisions relating to employer-employee
relations between the State of California and the employees of state
institutions of higher education, including the various campuses of
the University of California and the California State University, as
well as the Hastings College of the Law. These provisions assign
major responsibilities for implementation to the Public Employment
Relations Board. Under existing law, "employer" is defined as the
Regents of the University of California, the Directors of Hastings
College of the Law, and the Trustees of the California State
University, and "employee" is defined as an employee of any of these
entities.
This bill would additionally define "employer" and "employee"
under the act to include the governing boards or administrations of
all foundations, extension operations, or other organizational
entities controlled by the Trustees of the California State
University. The bill would require that, for the purpose of
determining an appropriate bargaining unit for these employees, they
shall be treated as if they were, and shall be placed in bargaining
units with, employees of the university.
The bill would explicitly exclude from its provisions student body
organizations and other entities under the control of student body
organizations.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 3562 of the Government Code is amended to read:
3562. As used in this chapter:
(a) "Arbitration" means a method of resolving a rights dispute
under which the parties to a controversy must accept the award of a
third party.
(b) "Board" means the Public Employment Relations Board
established pursuant to Section 3513.
(c) "Certified organization" means an employee organization
which that has been certified by the
board as the exclusive representative of the employees in an
appropriate unit after a proceeding under Article 5 (commencing with
Section 3573).
(d) "Confidential employee" means any employee who is required to
develop or present management positions with respect to meeting and
conferring or whose duties normally require access to confidential
information which that contributes
significantly to the development of those management positions.
(e) "Employee" or "higher education employee" means any employee
of the Regents of the University of California, the Directors of
Hastings College of the Law, or the Trustees
the trustees of the California State University .
However, managerial and confidential employees and employees whose
principal place of employment is outside the State of California at a
worksite with 100 or fewer employees shall be excluded from coverage
under this chapter. The board may find student employees
, or the governing boards or administrations of all foundations,
extension operations, or other organizational entities controlled
directly or indirectly by the Trustees of the California State
University. All of the following shall be excluded from coverage
under this chapter:
(1) An employee of any student body organization established
pursuant to Article 1 (commencing with Section 89300) of Chapter 3 of
Part 55 of the Education Code or of any other entity, including, but
not necessarily limited to, a student union, that is operated under
the management of a student body organization.
(2) A managerial and confidential employee.
(3) An employee whose principal place of employment is outside the
State of California at a worksite with 100 or fewer employees.
(4) The board may find that a student employee whose
employment is contingent on their status as students are
employees only if the services they provide are unrelated to their
his or her status as a student is an employee only if
the board determines that either of the following is true:
(A) The services provided by the employee are unrelated to the
educational objectives , or, that those
of the employee.
(B) The educational objectives of the employee
are subordinate to the services they perform and that
performed by the employee, and coverage under
this chapter would further the purposes of this chapter.
(f) (1) "Employee organization" means any organization of any kind
in which higher education employees participate and which
that exists for the purpose, in whole or in
part, of dealing with higher education employers concerning
grievances, labor disputes, wages, hours, and other terms and
conditions of employment of employees. An organization that
represents one or more employees whose principal worksite is located
outside the State of California is an employee organization only if
it has filed with the board and with the employer a statement
agreeing, in consideration of obtaining the benefits of status as an
employee organization pursuant to this chapter, to submit to the
jurisdiction of the board. The board shall promulgate the form of
the statement.
(2) "Employee organization" shall also
include includes any person that an employee
organization authorizes to act on its behalf. An academic senate, or
other similar academic bodies, or divisions thereof, shall
are not be considered
employee organizations for the purposes of this chapter.
(g) "Employer" or "higher education employer" means the
regents in following, and includes any person acting as
an agent of an employer:
(1) In the case of the University of California, the
Directors in regents.
(2) In the case of Hastings College of the Law, and
the trustees in the directors.
(3) In the case of the California State University,
including any person acting as an agent of an employer.
the trustees.
(4) The governing boards or administrations of all foundations,
extension operations, or other organizational entities controlled
directly or indirectly by the Trustees of the California State
University. This paragraph does not apply to any student body
organization established pursuant to Article 1 (commencing with
Section 89300) of Chapter 3 of Part 55 of the Education Code or to
any other entity, including, but not necessarily limited to, a
student union that is operated under the management of a student body
organization.
(h) "Employer representative" means any person or persons
authorized to act in on behalf of the
employer.
(i) "Exclusive representative" means any recognized or certified
employee organization or person it authorizes to act on its behalf.
(j) "Impasse" means that the parties have reached a point in
meeting and conferring at which their differences in positions are
such that further meetings would be futile.
(k) "Managerial employee" means any employee having significant
responsibilities for formulating or administering policies and
programs. No employee or group of employees shall be deemed to be
managerial employees solely because the employee or group of
employees participates in decisions with respect to courses,
curriculum, personnel , and other matters of educational
policy. A department chair or head of a similar academic unit or
program who performs the foregoing duties primarily on behalf of the
members of the academic unit or program shall not be deemed a
managerial employee solely because of those duties.
(l) "Mediation" means the efforts of a third person, or persons,
functioning as intermediaries, to assist the parties in reaching a
voluntary resolution to an impasse.
(m) "Meet and confer" means the performance of the mutual
obligation of the higher education employer and the exclusive
representative of its employees to meet at reasonable times and to
confer in good faith with respect to matters within the scope of
representation and to endeavor to reach agreement on matters within
the scope of representation. The process shall include adequate time
for the resolution of impasses. If agreement is reached between
representatives of the higher education employer and the exclusive
representative, they shall jointly prepare a written memorandum of
the understanding, which shall be presented to the higher education
employer for concurrence. However, these obligations shall not
compel either party to agree to any proposal or require the making of
a concession.
(n) "Person" means one or more individuals, organizations,
associations, corporations, boards, committees, commissions,
agencies, or their representatives.
(o) "Professional employee" means:
(1) Any employee engaged in work that : (A) is
predominantly intellectual and varied in character as opposed
to routine mental, manual, mechanical, or physical work; (B)
involving involves the consistent exercise of
discretion and judgment in its performance; (C) is of a
character so that the output produced or the result accomplished
cannot be standardized in relation to a given period of time; and (D)
requiring requires knowledge of an
advanced type in a field of science or learning customarily acquired
by a prolonged course of specialized intellectual instruction and
study in an institution of higher learning or a hospital, as
distinguished from a general academic education or from an
apprenticeship or from training in the performance of routine mental,
manual, or physical processes.
(2) Any employee who: (A) has completed the courses of
specialized intellectual instruction and study described in
subparagraph (D) of paragraph (1), and (B) is performing related work
under the supervision of a professional person to qualify himself or
herself to become a professional employee as defined in paragraph
(1).
(p) "Recognized organization" means an employee organization
which that has been recognized by an
employer as the exclusive representative of the employees in an
appropriate unit pursuant to Article 5 (commencing with Section
3573).
(q) (1) For purposes of the University of California only, "scope
of representation" means, and is limited to, wages, hours of
employment, and other terms and conditions of employment. The scope
of representations shall representation does
not include any of the following:
(A) Consideration of the merits, necessity, or organization of any
service, activity, or program established by law or resolution of
the regents or the directors, except for the terms and conditions of
employment of employees who may be affected thereby.
(B) The amount of any fees which that
are not a term or condition of employment.
(C) Admission requirements for students, conditions for the award
of certificates and degrees to students, and the content and
supervision of courses, curricula, and research programs, as those
terms are intended by the standing orders of the regents or the
directors.
(D) Procedures and policies to be used for the appointment,
promotion, and tenure of members of the academic senate, the
procedures to be used for the evaluation of the members of the
academic senate, and the procedures for processing grievances of
members of the academic senate. The exclusive representative of
members of the academic senate shall have the right to consult and be
consulted on matters excluded from the scope of representation
pursuant to this subparagraph. If the academic senate determines
that any matter in this subparagraph should be within the scope of
representation, or if any matter in this subparagraph is withdrawn
from the responsibility of the academic senate, the matter shall be
within the scope of representation.
(2) All matters not within the scope of representation are
reserved to the employer and may not be subject to meeting and
conferring , provided that . However,
nothing herein may be construed to limit
limits the right of the employer to consult with any employees
or employee organization on any matter outside the scope of
representation.
(r) (1) For purposes of the California State University only,
"scope of representation" means, and is limited to, wages, hours of
employment, and other terms and conditions of employment. The scope
of representation shall does not
include:
(A) Consideration of the merits, necessity, or organization of any
service, activity, or program established by statute or regulations
adopted by the trustees, except for the terms and conditions of
employment of employees who may be affected thereby.
(B) The amount of any student fees which
that are not a term or condition of employment.
(C) Admission requirements for students, conditions for the award
of certificates and degrees to students, and the content and conduct
of courses, curricula, and research programs.
(D) Criteria and standards to be used for the appointment,
promotion, evaluation, and tenure of academic employees, which shall
be the joint responsibility of the academic senate and the trustees.
The exclusive representative shall have the right to
may consult and be consulted on matters excluded
from the scope of representation pursuant to this subparagraph. If
the trustees withdraw any matter in this subparagraph from the
responsibility of the academic senate, the matter shall be within the
scope of representation.
(E) The amount of rental rates for housing charged to California
State University employees.
(2) All matters not within the scope of representation are
reserved to the employer and may not be subject to meeting and
conferring , provided that . However,
nothing herein may be construed to limit
limits the right of the employer to consult with any employees
or employee organization on any matter outside the scope of
representation.
SEC. 2. Section 3579 of the Government Code is amended to read:
3579. (a) In each case where the appropriateness of a unit is an
issue, in determining an appropriate unit, the board shall take into
consideration all of the following criteria:
(1) The internal and occupational community of interest among the
employees, including, but not limited to, the extent to which they
perform functionally related services or work toward established
common goals, the history of employee representation with the
employer, the extent to which the employees belong to the same
employee organization, the extent to which the employees have common
skills, working conditions, job duties, or similar educational or
training requirements, and the extent to which the employees have
common supervision.
(2) The effect that the projected unit will have on the meet and
confer relationships, emphasizing the availability and authority of
employer representatives to deal effectively with employee
organizations representing the unit, and taking into account factors
such as work location, the numerical size of the unit, the
relationship of the unit to organizational patterns of the higher
education employer, and the effect on the existing classification
structure or existing classification schematic of dividing a single
class or single classification schematic among two or more units.
(3) The effect of the proposed unit on efficient operations of the
employer and the compatibility of the unit with the responsibility
of the higher education employer and its employees to serve students
and the public.
(4) The number of employees and classifications in a proposed
unit, and its effect on the operations of the employer, on the
objectives of providing the employees the right to effective
representation, and on the meet and confer relationship.
(5) The impact on the meet and confer relationship created by
fragmentation of employee groups or any proliferation of units among
the employees of the employer.
(b) There shall be a presumption that professional employees and
nonprofessional employees shall not be included in the same
representation unit. However, the presumption shall be rebuttable,
depending upon what the evidence pertinent to the criteria set forth
in subdivision (a) establishes.
(c) There shall be a presumption that all employees within an
occupational group or groups located principally within the State of
California shall be included within a single representation unit.
However, the presumption shall be rebutted if there is a
preponderance of evidence that a single representation unit is
inconsistent with the criteria set forth in subdivision (a) or with
the purposes of this chapter.
(d) Notwithstanding the foregoing provisions of this section, or
any other provision of law, an appropriate group of skilled crafts
employees shall have the right to be a single, separate unit of
representation. Skilled crafts employees shall include, but not
necessarily be limited to, employment categories such as carpenters,
plumbers, electricians, painters, and operating engineers. The
single unit of representation shall include not less than all skilled
crafts employees at a campus or at a Lawrence Laboratory.
(e) Notwithstanding the foregoing provisions of this section, the
only appropriate representation units including members of the
academic senate of the University of California shall be either a
single statewide unit consisting of all eligible members of the
senate, or divisional units consisting of all eligible members of a
division of the senate. In addition to the limitations of
subdivision (q) of Section 3562, the scope of representation of any
divisional unit shall be limited to those matters which
that have customarily been determined on a
division basis, but the employer shall consult with the exclusive
representative of a division on matters which
that would be within the scope of representation or
consultation of a statewide representative. When 35 percent of the
eligible members of the academic senate are represented by an
exclusive representative or representatives in divisional units, the
board, on petition of a representative or of an organization
comprised of those representatives, shall conduct an election to
determine if the eligible members of the entire senate wish
thereafter to be represented by a representative or organization in a
single unit on all matters within the scope of representation. Any
other exclusive representative or organization of representatives or
any employee organization meeting the requirements of subdivision (a)
of Section 3577 shall be entitled, on petition, to appear on the
ballot, and in the event no choice receives a majority of the votes
cast, the runoff provisions of subdivision (a) of Section 3577
shall be are applicable.
(f) The board shall not determine that any unit is appropriate if
it includes, together with other employees, employees who are defined
as peace officers pursuant to subdivisions (b) and (c) of Section
830.2 of the Penal Code.
(g) Notwithstanding any other provision of this section, for the
purposes of determining an appropriate unit for employees of the
governing boards or administrations of foundations, extension
operations, or other organizational entities controlled directly or
indirectly by the Trustees of the California State University, those
employees shall be treated as if they were, and shall be placed in
bargaining units with, employees of the university.