BILL ANALYSIS
AB 1665
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Date of Hearing: April 21, 2010
ASSEMBLY COMMITTEE ON PUBLIC EMPLOYEES, RETIREMENT AND SOCIAL
SECURITY
Alberto Torrico, Chair
AB 1665 (Swanson) - As Amended: March 16, 2010
SUBJECT : School employees: scope of representation.
SUMMARY : Requires public school employers to give the
exclusive representative of classified employees prior written
notice of their intent to make any changes to matters within the
scope of representation. Specifically, this bill :
1)Requires public school employers to give prior written notice
of not less than 15 days to the exclusive representative of
classified personnel of their intent to make any change to
matters within the scope of representation, including, but not
limited to, start time.
2)Requires the public school employer to provide a recognized
employee organization with the opportunity to meet and
negotiate with them about the change.
EXISTING LAW , under the Educational Employment Relations Act
(EERA), gives public school employees the right to form, join,
and participate in the activities of employee organizations of
their own choosing for the purpose of representation on all
matters of employer-employee relations. The employee
organization's scope of representation is limited to matters
relating to wages, hours of employment, and other terms and
conditions of employment, as specified.
FISCAL EFFECT : State-mandated local program; cost unknown.
COMMENTS : According to the sponsor, the California School
Employees Association, "Despite decades of the Public Employment
Relations Board (PERB) decisional law that supports the right of
the exclusive representative to receive notice, representatives
of classified employees are forced to return to PERB to enforce
such rights. Unfortunately, unlike other code sections dealing
with public employees, there is no notice requirement within
EERA which would provide a clearer understanding to both
employer and employee representatives as to what is required by
law.
AB 1665
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"AB 1665 mirrors language found in the Meyers-Milias-Brown Act
for public agency employees; the Dills Act for state employees
and the Trial Court Employment Act - all of which require
reasonable written notice to the recognized employee
organization regarding proposed changes to matters within the
scope of representation."
Supporters conclude, "Notifying, requesting and then bargaining
on matters pertaining to wages, hours and terms and conditions
of employment are core tenants of collective bargaining that
have been in practice in the United States for well over 80
years. All of California's public sector collective bargaining
laws, except the EERA, require employers to notify employee
organizations when they are considering changes to matters that
impact employment. AB 1665 would simply provide a very basic
and reasonable tenant of the collective bargaining process to
the EERA."
Opponents state, "Often schools must make huge changes at a
moments notice. Of course the employee is notified. Notifying
the exclusive representative three weeks ahead of when a change
could be made will make our programs ineffective and our sites
unusable. School districts and school sites are dealing with
more issues with fewer staff. As school district downsize due
to the budget crisis, the type of restrictions outlined in AB
1665 will create an unreasonable burden on the operations of a
school. "
Opponents conclude, "Existing law already protects workers form
unnoticed changes affecting matters within the scope of
bargaining, and does so in a way that allows for flexibility to
adapt to changes in school schedules. Hours of employment are
included in collective bargaining agreements, and changes
require notice to the union and bargaining. If a district
implements a change in policy without notice to the union, the
union may file a charge of an unfair labor practice with PERB."
REGISTERED SUPPORT / OPPOSITION :
Support
California School Employees Association (Sponsor)
California Conference Board of the Amalgamated Transit Union
AB 1665
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California Conference of Machinists
California Federation of Teachers
California Teamsters Public Affairs Council
Service Employees International Union
Opposition
Association of California School Administrators
California Association of School Business Officials
California School Boards Association
San Francisco Unified School District
Analysis Prepared by : Karon Green / P.E., R. & S.S. / (916)
319-3957