BILL ANALYSIS
AB 707
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Date of Hearing: April 17, 2001
ASSEMBLY COMMITTEE ON HIGHER EDUCATION
Elaine Alquist, Chair
AB 707 (McLeod) - As Introduced: February 22, 2001
SUBJECT : Higher education labor relations: mediation.
SUMMARY : Defines an "employer" of a public institution of
higher education to include the governing boards and/or
administrations of all foundations, auxiliaries, and other
extension operations of the California State University (CSU).
Specifically, this bill mandates that employees who now perform
work on behalf of CSU auxiliaries, extensions and foundations,
will, for the purposes of collective bargaining, be placed in a
classification that makes them an employee of the CSU. As a
result, these employees would fall under the protection of the
Higher Education Employer-Employee Relations Act (HEERA) and be
required to join a union representing their field/classification
or pay a fair share fee.
EXISTING LAW establishes HEERA serves as the framework for labor
relations within the CSU and the University of California. The
Public Employees Relations Board has broad authority to enforce
HEERA. As a part of a recent amendment to HEERA, employees of
CSU are required to either join the union of their respective
field or pay a fair share fee.
FISCAL EFFECT : Unknown
COMMENTS : Under current law, CSU has established many
foundations, auxiliaries and extension operations. Examples of
these entities are as follows:
1)Individual campus foundations which primarily handle
fundraising and management of campus endowments.
2)Student body associations which represent students on various
campus boards and committees and participate in advocacy.
3)Campus-based enterprises, such as campus bookstores,
cafeterias and radio stations.
4)Specialized entities ranging from agricultural promotion to
AB 707
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technological research.
In most cases, persons who perform work for these entities are
not direct CSU employees, but are employees of the auxiliary
entity. The governance structure of the auxiliaries may consist
of other outside interests, but by law CSU either controls the
entity directly or has a large presence in its governance.
According to this bill's supporters, work being done by
employees of auxiliary organizations, notably CSU foundations,
is being performed under the auspices of CSU and is to the
benefit of CSU and its students. In effect, the work is
distinguishable from the work of other CSU employees only by the
source of funding and the employee's inability to enjoy the
rights and protections of collective bargaining under HEERA.
Furthermore, supporters argue that the work is being performed
by employees who often report to CSU employees, and are integral
to the organizational structure and functioning of CSU.
Similar language passed out of the Committee on Higher Education
on April 25, 2000 as AB 1935 (Wildman). This legislation was
amended repeatedly before becoming a study bill. This bill was
vetoed, however CSU conducted a systemwide study, upon request
of Assemblymember Wildman, which followed the guidelines in AB
1935.
This study found that "while auxiliaries include a core cadre of
permanent employees who occupy positions that may be
substantially similar to represented university employees; many
of the positions are funded externally through grants and
contracts for a specified period of time."
Opponents of the legislation argue that employees of
auxiliaries, no matter the intent of their work, are not direct
employees of CSU and should not be treated as such.
The student body organizations are excluded from this
legislation, yet the California State Student Association has
expressed concern over the fact that auxiliary organizations
currently funded by student fees are not excluded.
REGISTERED SUPPORT / OPPOSITION :
Support
AB 707
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California State Employees Association (Sponsor)
Opposition
Auxiliary Organizations Association
California State Student Association
California State University
Analysis Prepared by : Paul Mitchell / HIGHER ED. / (916)
319-3960