BILL ANALYSIS
AB 1744
Page 1
Date of Hearing: April 21, 2010
ASSEMBLY COMMITTEE ON PUBLIC EMPLOYEES, RETIREMENT AND SOCIAL
SECURITY
Alberto Torrico, Chair
AB 1744 (Portantino) - Amended: April 14, 2010
SUBJECT : Public employees: rights.
SUMMARY : Enacts the Public Employees' Bill of Rights Act
(PEBRA) which provides various rights and protections to
non-excluded state civil service employees and requires that any
adverse action taken against a state employee be initiated and
the investigation completed within one year of the cause for
discipline. Specifically, this bill :
1)Enacts the PEBRA for the purpose of informing state employees
of their rights and terms of employment.
2)Defines "employee" as a state civil service employee that is
not an excluded employee.
3)Requires employers to provide each employee with a job
description, including his or her scope of duties, salary, and
benefits information, as specified.
4)Prohibits an employee's work from being standardized, as
specified, and from unreasonable quotas being imposed on the
employee.
5)Prohibits an employer from unreasonably preventing an employee
from using daily rest and lunch periods as well as other
earned leaves.
6)Prohibits an employee from being compelled to perform extra
work, as specified.
7)Specifies that a state civil service employee will have
priority in filling specified positions over excluded
employees and contractors.
8)Requires time and a half to be paid for overtime worked.
9)Specifies that employees have a right to a safe and healthy
working environment and that grievances relating to this right
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will have priority.
10)Prohibits employers, excluded employees and contractors from
discriminating against a state civil service employee.
11)Prohibits reprisals against any employee for exercising his
or her rights under the PEBRA, the Ralph C. Dills Act, or the
California Whistleblower Protection Act.
12)Specifies that employees have the right to sue the employer
for violations of the Americans with Disabilities Act, the
federal Age Discrimination in Employment Act, the federal
Family and Medical Leave Act, the California Family Rights
Act, and the Fair Labor Standards Act.
13)Specifies that an employee is entitled to fair and
progressive discipline and that any preventive or corrective
actions must be in accordance with guidelines published by the
Department of Personnel Administration.
14)Requires the employer to honor the Memorandum of
Understanding covering the employee.
15)Establishes specific rights for professionally licensed state
civil service employees related to professional judgment and
performance and merit evaluations and authorizes the formation
of peer review committees for professional staff to provide
input regarding workplace operations.
16) Requires that any adverse action taken against a state
employee be initiated and the investigation completed within
one year of the cause for discipline.
17)Deletes the current provision that allows adverse actions
based on fraud, embezzlement, or the falsification of records
to be valid if notice is served within three years after the
discovery of the fraud, embezzlement, or falsification.
EXISTING LAW :
1)Contains the Public Safety Officers Procedural Bill of Rights
Act (POBOR) prescribing various rights of public safety
officers, as defined, with regard to representation,
discrimination, discipline, and interrogation, as specified.
Firefighting personnel, with the exception of a fire
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department's arson-investigating unit, are not covered by
POBOR.
2)Contains the Firefighters Procedural Bill of Rights Act
establishing various rights of firefighters, paramedics, and
emergency medical technicians, as specified, with regard to
political activity, interrogation, punitive action, and
administrative appeals.
3)Contains the Bill of Rights for State Excluded Employees
prescribing various rights and terms and conditions of
employment for "excluded" employees, defined as state
supervisory, managerial, and confidential employees, who are
all exempted from statutes providing full collective
bargaining rights.
4)Authorizes an appointing power to take adverse action against
a state employee for specified causes, and establishes
administrative procedures for review of an adverse action by
the State Personnel Board. An adverse action against a state
employee is required to commence within three years of the
cause for discipline, or in the case of fraud, embezzlement,
or falsification, within three years after the discovery of
the activity.
FISCAL EFFECT : Unknown.
COMMENTS : According to the findings and declarations contained
in the bill, the purpose of the legislation is to "?inform
public employee of their rights and terms of employment, and to
inspire dedicated service and promote harmonious personnel
relations between public employees and their employer."
Supporters state, "As part of AB 1744, state (public) employees
will be apprised and updated about their employment rights under
California law. Additionally, state employees will be informed
about all provisions governing their unit's Memorandum of
Understanding (MOU).
"AB 1744 provides that state employees be given priority over
excluded employees, or contractors in filling permanent,
overtime and on-call positions. The contracting out of
government services continues to cost California millions in
additional costs. AB 1744 would also authorize the formation of
peer review committees for professional staff to provide input
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regarding workplace operations. This provision is critical to
fostering improved medical staff relations in the workplace."
REGISTERED SUPPORT / OPPOSITION :
Support
Union of American Physicians and Dentists (Sponsor)
Service Employees International Union Local 1000 (Co-sponsor)
American Federation of State, County and Municipal Employees
Opposition
None on file
Analysis Prepared by : Karon Green / P.E., R. & S.S. / (916)
319-3957