BILL ANALYSIS �
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|SENATE RULES COMMITTEE | AB 501|
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THIRD READING
Bill No: AB 501
Author: Campos (D)
Amended: 4/6/11 in Assembly
Vote: 21
SENATE PUBLIC EMPLOY. & RETIRE. COMMITTEE : 3-2, 6/27/11
AYES: Negrete McLeod, Padilla, Vargas
NOES: Walters, Gaines
SENATE APPROPRIATIONS COMMITTEE : 6-3, 8/25/11
AYES: Kehoe, Alquist, Lieu, Pavley, Price, Steinberg
NOES: Walters, Emmerson, Runner
ASSEMBLY FLOOR : 51-27, 5/31/11 - See last page for vote
SUBJECT : Public school employment
SOURCE : California Federation of Teachers
California School Employees Association
DIGEST : This bill expands the definition of exclusive
representative, and public school employer or employer, as
specified.
ANALYSIS :
Existing law:
1. Establishes the Educational Employment Relations Act
(EERA) which provides a process by which employees of
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the public schools and the community colleges may select
an exclusive representative to represent them as part of
a bargaining unit within their district.
2. Establishes the Public Employment Relations Board (PERB)
as the state agency that has broad authority to enforce
the EERA with regard to labor relations activities
between a public school and any person (except
management and confidential employees) employed by a
public school employer, including community colleges.
3. Defines "exclusive representative" for purpose of the
EERA as the employee organization recognized or
certified as the exclusive negotiating representative of
certificated or classified employees in an appropriate
unit of a public school employer.
4. Defines "public school employer" for the purpose of
negotiations on collective bargaining agreements
covering public school employees, as the governing board
of a school district, a school district, a county board
of education, a county superintendent of schools, or
certain charter schools.
5. Provides that, if authorized by their legislative or
other governing bodies, two or more public agencies
meeting specified conditions can enter into a joint
agreement thereby becoming a Joint Powers Agency (JPA),
which allows them to exercise powers common to the
contracting parties.
6. Specifies that "public agency" includes, but is not
limited to, the federal government or any federal
department or agency, the state, another state or any
other state department or agency, a county, county board
of education, county superintendent of schools, city,
public corporation, public district, or regional
transportation commission of this or another state.
7. Allows the governing board of a community college
district to establish auxiliary organizations for the
purpose of providing supportive services and specialized
programs for the general benefit of its college or
colleges.
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8. Defines community college "auxiliary organization" to
include, but is not limited to entities created to
support, benefit, or promote a community college or
district, and which are under the governance of the
district or a district representative.
This bill clarifies that all public school employees have
the right to union representation by amending:
1. The definition of "exclusive representative" to mean
the employee organization recognized or certified as the
exclusive negotiating representative for all public
school employees rather than certificated or classified
employees.
2. The definition of "public school employer" or
"employer" to include specified auxiliary organizations
established by the California Community Colleges (CCC),
and joint powers agencies that are comprised solely of
school agencies, as specified.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: Yes
According to the Senate Appropriations Committee:
Fiscal Impact (in thousands)
Major Provisions 2011-12 2012-13 2013-14 Fund
CCC bargaining expenses unknown, potentially
significant General*
JPA bargaining unknown, potentially $750
General
PERB admin expenses likely minor, absorbable
General
*Counts toward meeting the Proposition 98 minimum funding
guarantee.
SUPPORT : (Verified 8/29/11)
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California Federation of Teachers (co-source)
California School Employees Association (co-source)
American Federation of State, County and Municipal
Employees, AFL-CIO
California Labor Federation
California State Pipe Trades Council
California Teachers Association
Coalition of California Utility Employees
International Brotherhood of Electrical Workers
International Laborers Association
International Union of Elevator Constructors
Laborers' International Union of North America, Local 777
Service Employees International Union
Utility Workers Union of America
Western States Council of Sheet Metal Workers
OPPOSITION : (Verified 8/29/11)
California Association of School Business Officials
California School Boards Association
Riverside County School Superintendents' Association
ARGUMENTS IN SUPPORT : According to the author:
"This bill stems from two erroneous Public Employment
Relations Board (PERB) decisions that prevented the
organization of certain types of school employees, and
prevented the organization of employees of a JPA
comprised of public school entities. In Castaic Union
School District v. CSEA (2010), the PERB drastically
narrowed the scope of public school employees covered by
the EERA and all of the rights afforded to them under
that statute. PERB ruled that noon-time duty aides were
ineligible to receive representation rights because they
are neither certified nor classified public school
employees. �Also in PERB's ruling], PERB ruled that,
prospectively, bargaining units including any such
employees must be denied, but that existing bargaining
units included these "excluded" employees are not
required to be modified. The Castaic ruling will not
only adversely impact noon-duty aides, but is certain to
harm other public school and community college
employees."
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The author also points out that in San Jose/Evergreen
Community College District (2007), the PERB ruled that
employees of a JPA consisting of public schools were not
eligible for organization. Here, school employees were
considered "public school employees" for purposes of the
EERA until the JPA was created, although they continued to
perform the same work. This decision allowed districts to
circumvent the EERA and deny their employees union
representation.
Finally, the author notes that "�This bill] would clarify
�existing law] to reflect the intention of the Legislature
that public school employees have a right to join �a]
representative organization of their own choice, and that
any person employed by a JPA that is composed of one or
more public school employers is a public school employee."
Other proponents contend that the PERB's decision "were
wrongfully decided and present a dangerous precedent for
all employee organizations."
ARGUMENTS IN OPPOSITION : According to opponents, by
extending collective bargaining requirements to JPAs, this
bill potentially increases unreimbursable state costs to
school districts for wage and benefit increases resulting
from collective bargaining agreements between JPAs and
their employees. This bill also reduces student services,
including cuts to classroom programs that directly serve
students, while placing the welfare of the adults in the
system over the welfare of the students that they are
charged with serving.
ASSEMBLY FLOOR : 51-27, 5/31/11
AYES: Alejo, Allen, Ammiano, Atkins, Beall, Block,
Blumenfield, Bonilla, Bradford, Brownley, Buchanan,
Butler, Campos, Carter, Cedillo, Chesbro, Davis,
Dickinson, Eng, Feuer, Fong, Fuentes, Furutani, Galgiani,
Gatto, Gordon, Hall, Hayashi, Roger Hern�ndez, Hill,
Huber, Hueso, Huffman, Lara, Bonnie Lowenthal, Ma,
Mendoza, Mitchell, Monning, Pan, Perea, V. Manuel P�rez,
Portantino, Skinner, Solorio, Swanson, Torres,
Wieckowski, Williams, Yamada, John A. P�rez
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NOES: Achadjian, Bill Berryhill, Conway, Cook, Donnelly,
Fletcher, Beth Gaines, Garrick, Grove, Hagman, Halderman,
Harkey, Jeffries, Jones, Knight, Logue, Mansoor, Miller,
Morrell, Nestande, Nielsen, Norby, Olsen, Silva, Smyth,
Valadao, Wagner
NO VOTE RECORDED: Charles Calderon, Gorell
CPM:kc 8/29/11 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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