BILL ANALYSIS
SENATE COMMITTEE ON EDUCATION
Gloria Romero, Chair
2009-2010 Regular Session
BILL NO: ACR 55
AUTHOR: Torlakson
AMENDED: May 12, 2009
FISCAL COMM: Yes HEARING DATE: July 8, 2009
URGENCY: No CONSULTANT:Beth Graybill
SUBJECT : University of California: Workplace bullying.
SUMMARY:
This bill urges the University of California to provide
initial and ongoing training to supervisory employees
regarding workplace bullying, abuse, and harassment.
BACKGROUND
Existing law, Article IX, Section 9 of the California
Constitution, establishes the University of California (UC)
as a public trust and confers upon the Regents of the UC the
full powers of its organization and government, subject only
to legislative controls that may be necessary to ensure the
security of its funds and compliance with the terms of its
endowments.
Existing law makes it an unlawful employment practice for an
employer, including any person acting directly or indirectly
as an agent of the employer, to harass any employee because
of race, religious creed, color, national origin, ancestry,
physical disability, mental disability, medical condition,
marital status, sex, age, or sexual orientation.
Existing federal law, the National Labor Relations Board
makes it unlawful for an employer to discriminate against
employees for engaging in concerted or union activities.
ANALYSIS
This bill :
1) Urges the UC to provide two hours of workplace bullying,
abuse, and harassment training and education to all of
its supervisory employees by January 1, 2011 and provide
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such training every two years thereafter.
2) Urges the UC to incorporate workplace bullying, abuse,
and harassment training into training provided to all
new supervisory employees.
3) Urges the UC to include practical examples in the
training aimed at preventing workplace bullying, abuse,
and harassment.
4) Urges the training be presented by trainers or educators
with knowledge and expertise in the prevention of
workplace bullying.
STAFF COMMENTS
1) Fiscal impact . According to the Assembly
Appropriations Committee analysis, this bill has
estimated one-time costs of approximately $180,000 for
UC to develop the course content and materials and plan
for the implementation of the training. In addition,
there would be ongoing costs of about $50,000 in
consulting contracts to provide the training as well as
additional, but unknown costs associated with staff time
to attend training.
2) Need for the bill . According to the author's office,
"more than a few" UC employees have experienced bullying
in the workplace, particularly those who represent their
various collective bargaining organizations in contract
negotiations or grievance procedures. The sponsors of
this measure contend that some UC middle and lower level
managers may be unknowingly violating state or federal
labor laws and could benefit from training programs that
would help them understand the importance of preventing
workplace bullying and harassment. Although the measure
does not specify how workplace bullying or harassment
should be defined, the author's office hopes this
measure will encourage UC to develop training programs
that parallel sexual harassment training programs
provided to employees.
Notwithstanding the autonomy granted by the State
Constitution, the UC is not exempt from state and
federal labor laws. Employees who are victims of unfair
labor practices or a hostile work environment have civil
remedies available to them, including filing a grievance
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with their union and/or the labor relations board.
Would it make more sense to urge UC to provide training
only to those supervisors who need it? To the extent
that training programs clearly articulate university
policy regarding the prohibition of bullying and
harassing behaviors, it is possible that fewer
supervisors will be involved in grievances filed by
employees.
3) Existing training efforts . The bullying, abuse, and
harassment prevention training would be in addition to
the existing two-hour sexual harassment training the UC
already provides its supervisory employees every two
years. Because of the importance of educating
supervisors on workplace harassment prevention in
general, the UC includes discussions of other types of
harassment and discrimination prevention in the
training. According to UC, the training covers the
following topics:
Applicable laws and policies regarding
harassment;
Types of harassment and discrimination
including the protected characteristics;
Hostile work environment;
The balance and difference between free speech
and harassment;
Responding to claims of harassment and
discrimination; and,
Laws and University policies against
retaliation.
Given that the UC's existing training already includes
workplace harassment prevention and the costs associated
with creating additional and possibly duplicative
training, could this measure serve to shift funds away
from other services that may be more critical for
employees or students?
SUPPORT
Coalition of University Employees
OPPOSITION
None received.