BILL ANALYSIS
AB 1665
Page 1
Date of Hearing: May 5, 2010
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Felipe Fuentes, Chair
AB 1665 (Swanson) - As Amended: March 16, 2010
Policy Committee: P.E.R. &
S.S.Vote: 4-1
Urgency: No State Mandated Local Program:
Yes Reimbursable: Yes
SUMMARY
This bill 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, the 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.
FISCAL EFFECT
1)The requirement that school employers meet and negotiate with
employee representatives regarding planned changes to start
time could be a reimbursable state mandated local cost. The
magnitude of costs is unknown, but could exceed several
hundreds of thousands of dollars statewide.
2)Unknown, potentially moderate costs to school districts in
cases where advanced notice and negotiation requirements
result in delays to cost-saving actions, or result in
offsetting costs.
COMMENTS
AB 1665
Page 2
1)Background . 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 specified
terms and conditions of employment. These specified terms
include wages and hours of employment, but do not explicitly
include start time.
2)Rationale . This bill, sponsored by the California School
Employees Association (CSEA), is intended to ensure that
employees receive advanced notice and can negotiate with
districts about changes in hours and other factors affecting
working conditions. CSEA points out, that in cases where
school employers have attempted to unilaterally impose work
hour changes without notice, the actions have been overturned
by the Public Employment Relations Board (PERB). In their
view, this bill explicitly codifies requirements that are
already in law with regard to collective bargaining. CSEA also
asserts that the bill mirrors language found in code sections
pertaining to public agency employees, state employees, and
trial court employees.
3)Opponents (various associations of school administrators and
school boards) assert the bill creates costly and unwarranted
burdens on school districts coping with budget cuts. They also
note that current law protects employees from 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. They assert that if employee
representatives believe that district practices are illegal,
they can file an appeal with PERB.
Analysis Prepared by : Brad Williams / APPR. / (916) 319-2081