BILL ANALYSIS
AB 385
Page 1
GOVERNOR'S VETO
AB 385 (Ruskin)
As Amended June 4, 2007
2/3 vote
PUBLIC EMPLOYEES 6-0 APPROPRIATIONS 12-5
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| |Hernandez, Jeffries, |Ayes:|Leno, Caballero, Davis, |
| |Anderson, Mullin, | |DeSaulnier, |
| |Swanson, Torrico | |Huffman, Karnette, |
| | | |Krekorian, Lieu, |
|Ayes:| | |Ma, Nava, Solorio, Feuer |
| | | | |
| | | | |
|-----+--------------------------+-----+--------------------------|
| | |Nays:|Walters, Emmerson, La |
| | | |Malfa, |
| | | |Nakanishi, Sharon Runner |
| | | | |
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|ASSEMBLY: |48-25|(June 6, 2007) |SENATE: |24-14|(September 5, |
| | | | | |2007) |
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SUMMARY : Requires the state and the exclusive representative
for State Bargaining Unit 10 (BU 10), Professional Scientific,
to jointly survey salaries in scientific classifications in
California public agencies and to report their findings to the
Legislature. Specifically, this bill :
1)Requires the Department of Personnel Administration (DPA) and
the exclusive representative for BU 10 to jointly survey
salaries of comparable occupations in other public agencies,
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one year prior to the expiration of a ratified collective
bargaining agreement.
2)Requires the state and the exclusive representative for BU 10
to meet and confer regarding the methodology to be used in
conducting the survey.
3)Requires DPA, upon completion of the survey, to submit a
report to the Legislature containing the survey's findings.
4)Declares that it is the policy of the state to consider
comparable salaries prior to making salary recommendations.
EXISTING LAW requires DPA to set and adjust salaries for each
classification in state service. Additionally, at least six
months before the end of the term of an existing memorandum of
understanding (MOU), DPA is required to submit a report
containing DPA's finding relating to the salaries of employees
in comparable occupations in private industry and other
governmental agencies.
FISCAL EFFECT : According to the Assembly Appropriations
Committee, DPA indicates that similar joint-survey provisions
have been included in the BU 10 MOUs since 2003. Thus, the
additional requirements would be minor. By codifying the
provisions, however, the bill could have future impacts on DPA
costs, to the extent that joint-survey provisions could be
deleted from future MOUs. By codifying provisions requiring DPA
to take into consideration the jointly surveyed salaries of
other scientists in public employment, the bill could place
additional cost pressure to raise salaries for BU 10 members and
excluded employees. As an illustration, a 5% average increase
in the classifications covered by BU 10 translates into about $8
million in state costs.
COMMENTS : According to supporters, "There is increasing
evidence that substandard state scientific salaries threaten
California's vital environmental and public health programs
because state agencies can't keep or recruit skilled scientific
personnel. According to a recent Cal/EPA report 'fair and
equitable salaries must be part of the foundation for securing
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and keeping our scientific expertise. If we lose our scientific
expertise, we will go unarmed in the battle against greenhouse
gas emissions, air quality, and the overall protection of our
children's health." According to recent surveys, state
scientists earn on average about 20 percent less than scientist
working in other branches of government."
Supporters conclude this bill, "will let policy makers know the
current salaries of state-employed scientific professionals and
help them assess the impact these salary levels will have on
state programs to protect the environment, natural resources and
public health."
AB 385 is similar to AB 284 (Bermudez) of 2005 that required DPA
and the exclusive representative for BU 10 to jointly survey
scientific classifications in the public and private sectors.
AB 284 also would have provided that implementation of any new
pay scales based on the surveys for scientists in BU 10 would be
subject to collective bargaining. This bill was held in the
Senate Appropriations Committee.
GOVERNOR'S VETO MESSAGE :
This bill would unnecessarily mandate a compensation
survey be jointly conducted between the State and the
bargaining unit that represents scientists. This is
redundant of existing law which requires the State to
survey prevailing wages in occupations comparable to
those in state service. The bill is also redundant of
provisions in the negotiated collective bargaining
agreement with the unit in question.
"If the State of California is to have good faith
collective bargaining, then employee wages, hours, and
terms and conditions must not be legislated. However,
I value the dedication and work of the State's
scientists, and I am concerned that salaries for this
group may have fallen behind those of comparable
workers. So, I am directing my Department of
Personnel Administration to work together with the
scientists during the next round of bargaining to
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ensure that survey results for this group are looked
at seriously and that the State is moving in the
direction of achieving fair and equitable compensation
for the scientists."
Analysis Prepared by : Karon Green / P.E., R. & S.S. / (916)
319-3957
FN: 0003665