BILL ANALYSIS
AB 1665
Page 1
ASSEMBLY THIRD READING
AB 1665 (Swanson)
As Amended May 28, 2010
Majority vote
PUBLIC EMPLOYEES 4-1 APPROPRIATIONS 12-5
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|Ayes:|Torrico, Furutani, |Ayes:|Fuentes, Ammiano, |
| |Hernandez, Ma | |Bradford, |
| | | |Charles Calderon, Coto, |
| | | |Davis, |
| | | |Monning, Ruskin, Skinner, |
| | | |Solorio, |
| | | |Torlakson, Torrico |
| | | | |
|-----+--------------------------+-----+--------------------------|
|Nays:|Nestande |Nays:|Conway, Harkey, Miller, |
| | | |Nielsen, Norby |
| | | | |
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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
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.
3)Allows, in emergency situations, the public school employer to
provide notice and an opportunity to meet and negotiate about
the change at the earliest practicable time following the
adoption of 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
AB 1665
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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 : According to the Assembly Appropriations
Committee, the requirement that school employers meet and
negotiate with employee representatives regarding planned
changes to start time could be a state mandate. The magnitude
of costs is unknown, but could exceed several hundreds of
thousands of dollars statewide.
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 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
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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."
Analysis Prepared by : Karon Green / P.E., R. & S.S. / (916)
319-3957
FN: 0004692