BILL NUMBER: AB 707 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MAY 1, 2001
INTRODUCED BY Assembly Member Negrete McLeod
FEBRUARY 22, 2001
An act to amend Sections 3562 and 3579
Section 3501 of the Government Code, relating to higher
education labor relations.
LEGISLATIVE COUNSEL'S DIGEST
AB 707, as amended, NegreteMcLeod. Higher education labor
relations: mediation Meyers-Milias-Brown Act:
employees of California State University auxiliary organizations
.
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 establishes the California
State University under the administration of the Trustees of the
California State University. Existing law also authorizes the
establishment of auxiliary organizations, as defined to include,
among other entities, various organizations providing commercial,
fundraising, or other types of services for the university.
Existing law, known as the Meyers-Milias-Brown Act, provides a
method of resolving disputes regarding wages, hours, and other terms
and conditions of employment between public employers and public
employee organizations, and authorizes the Public Employment
Relations Board to enforce prescribed provisions of the act.
Existing provisions of the Meyers-Milias-Brown Act define "public
agency" and "public employee" for its purposes .
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
"public agency" and "public employee" under the act to respectively
include these auxiliary organizations and their employees .
The bill would explicitly exclude from its provisions student body
organizations and other entities under the control of student body
organizations , employees of units, groups, or departments that
are responsible for fundraising, grants and contract administration,
or commercial services, employees who are employed on a casual basis
due to the funding source of their compensation, and confidential,
managerial, and supervisory employees .
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
SECTION 1. Section 3501 of the Government Code is amended to read:
3501. As used in this chapter:
(a) "Employee organization" means any organization which includes
employees of a public agency and which has as one of its primary
purposes representing those employees in their relations with that
public agency.
(b) "Recognized employee organization" means an employee
organization which has been formally acknowledged by the public
agency as an employee organization that represents employees of the
public agency.
(c) (1) Except as otherwise provided in this
subdivision, "public agency" means every governmental subdivision,
every district, every public and quasi-public corporation, every
public agency and public service corporation and every town, city,
county, city and county and municipal corporation, whether
incorporated or not and whether chartered or not. As used in this
chapter, "public agency" does not mean a school district or a county
board of education or a county superintendent of schools or a
personnel commission in a school district having a merit system as
provided in Chapter 5 (commencing with Section 45100) of Part 25 and
Chapter 4 (commencing with Section 88000) of Part 51 of the Education
Code or the State of California.
(2) Notwithstanding any other provision of law, and solely for the
purposes of this chapter, "public agency" includes an "auxiliary
organization," as defined in Section 89901 of the Education Code.
(d) (1) "Public employee" means any person employed by
any public agency, including employees of the fire departments and
fire services of counties, cities, cities and counties, districts,
and other political subdivisions of the state, excepting those
persons elected by popular vote or appointed to office by the
Governor of this state.
(2) Notwithstanding any other provision of law, and solely for the
purposes of this chapter, "public employee" includes an employee of
an "auxiliary organization," as defined in Section 89901 of the
Education Code, with the exception of any employee who meets any of
the following criteria:
(A) The person is employed by a student body organization, student
body center, or other entity including, but not necessarily limited
to, a student union, that is established pursuant to Article 1
(commencing with Section 89300) of Chapter 3 of Part 55 of the
Education Code, or that is operated under the management of a student
body organization.
(B) The person is employed in a unit, group, or department that is
responsible for fundraising, grants and contract administration, or
commercial services.
(C) The person is employed on a casual basis due to the funding
source of that person's compensation, unless that person is engaged
in providing academic services or academic support services, or both,
in which case the person is a "public employee" under this chapter,
irrespective of funding source.
(D) The person is employed as a confidential employee, managerial
employee, or supervisory employee.
(e) "Mediation" means effort by an impartial third party to assist
in reconciling a dispute regarding wages, hours and other terms and
conditions of employment between representatives of the public agency
and the recognized employee organization or recognized employee
organizations through interpretation, suggestion and advice.
(f) "Board" means the Public Employment Relations Board
established pursuant to Section 3541.
_____________________________________ All matter omitted in this
version of the bill appears in the bill as introduced in the
Assembly, February 22, 2001 (JR 11)
____________________________________