BILL ANALYSIS
SB 656
Page 1
Date of Hearing: August 19, 2009
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Kevin De Leon, Chair
SB 656 (DeSaulnier) - As Amended: August 17, 2009
Policy Committee: P.E.R. &
S.S.Vote:6-0
Urgency: No State Mandated Local Program:
No Reimbursable:
SUMMARY
This bill provides that a local bargaining unit with a majority
of persons who are peace officers is excluded from the
jurisdiction of the Public Employment Relations Board for
purposes of dispute resolutions.
FISCAL EFFECT
The Judicial Council has indicated that this bill will not
result in any significant increase in costs to the courts. The
Public Employment Relations Board (PERB) may experience very
minor savings.
COMMENTS
1)Background . PERB resolves disputes and enforces the statutory
duties and rights of employers and employees under the
Educational Employment Relations Act, the Higher Education
Employer-Employee Relations Act, the Ralph C. Dills Act, and
the Meyers-Milias-Brown Act.
Currently, PERB has jurisdiction over unfair labor disputes of
all miscellaneous employees. However, as a result of SB 739
(Solis), Chapter 910 of 2000, law enforcement agencies are
excluded from PERB and instead are under the direct
jurisdiction of the courts.
There are some bargaining units which are comprised of both
miscellaneous employees and employees with peace officer
status, and the existing statute is not clear as to the
jurisdiction of those employees' disputes. For cases that
SB 656
Page 2
involve individual officers in a mixed unit, the officer is
currently able to file grievances directly with the California
Supreme Courts. However, PERB has asserted jurisdiction over
cases that affect entire units.
This bill provides that "mixed units" - those bargaining units
comprised of both peace officer and miscellaneous employees -
shall be exempted from PERB's jurisdiction if the majority of
the unit is comprised of peace officers.
2)Purpose . This bill is sponsored by the Police Officers
Research Association of California (PORAC), which indicates
that the bill is needed to provide clarity in law about which
entity has jurisdiction in disputes arising in cases where a
peace officer is a part of a mixed unit.
3)Opposition . California State Association of Counties and the
Regional Council of Rural Counties assert that it is
inappropriate to extend what is now a narrow exemption from
PERB for peace officers to a large group of miscellaneous
employees. They indicate that current law practices work
well, and existing law provides peace offices with the right
to establish a separate bargaining unit.
Analysis Prepared by : Brad Williams / APPR. / (916) 319-2081