BILL ANALYSIS �
SENATE PUBLIC EMPLOYMENT & RETIREMENT BILL NO: AB 1203
Gloria Negrete McLeod, Chair Hearing date: June 27, 2011
AB 1203 (Mendoza) as amended 4/27/11 FISCAL: NO
PUBLIC EMPLOYEE ORGANIZATION MEMBERS: PAID LEAVES OF ABSENCE
HISTORY :
Sponsor: American Federation of State, County and
Municipal Employees (AFSCME), AFL-CIO
Prior legislation: None
ASSEMBLY VOTES :
PER & SS 4-1 4/13/11
Assembly Floor 50-23 5/05/11
SUMMARY :
This bill would expand provisions in existing law governing
union-paid leaves of absences for classified school employees
and local public agency employees who are representatives of
employee organizations, as specified.
BACKGROUND AND ANALYSIS :
1)Existing law :
a) establishes the Meyers-Milias-Brown Act (MMBA), which
provides a statutory framework for local government
employer-employee relations;
b) requires school districts and community college
districts to grant a paid leave of absence to a
classified employee, upon request, to serve as an
elected officer of an employee organization;
c) requires the employee organization to reimburse the
school district or community college district for the
cost of releasing the employee, and
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Date: 6/17/11 Page 1
d) requires that local public agencies allow a
reasonable number of employee organization
representatives compensated reasonable time off to
attend formal negotiations on matters within the scope
of representation.
2)This bill :
a) expands the requirements under existing law by
requiring a school district or community college
district to provide a paid leave of absence to enable
the public employee to serve as an elected officer or a
non-elected member of an employee organization;
b) requires the representing employee organization to
provide reasonable notification to the employer of leave
of absence requests without loss of compensation, as
specified, whenever possible, and
c) requires public agencies to allow a reasonable number
of elected or nonelected public agency employee
representatives of recognized employee organizations
reasonable time off without loss of compensation or
other benefits for participating in any of the following
activities:
i) formally meeting and conferring with
representatives of the public agency on matters
within the scope of representation;
ii) testifying, participating, or representing the
employee organization in conferences, hearings, or
other proceedings before the Public Employment
Relations Board or its agent in matters relating to a
charge filed by the employee organization against the
public agency; or
iii) testifying, participating, or representing the
employee organization in other matters in furtherance
of the employee organization's right to represent
members in employment relations, including personnel
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Date: 6/17/11 Page 2
and merit commission hearings, city council meetings,
and labor management committee meetings.
FISCAL:
According to the Assembly Appropriations Committee, the costs
of this bill are unknown.
COMMENTS :
1)Arguments in Support
According to the author:
"Under current law, organizational representatives who
seek to participate or represent their union in
grievance adjustment meetings, arbitrations and
proceedings before the Public Employment Relations Board
do not have a clear statutory right to time off to
perform these duties. Instead, they must take time off
from work to take part in these matters at personal
sacrifice and cost." In addition, "under current law,
school and community college districts are reimbursed
for the cost to release a classified school employee
from their work to attend union activities only if the
person is an elected official of the union. �This bill]
would expand the requirement and allow school and
community college districts to be reimbursed for the
cost to release a classified school employee from their
work, regardless of whether the employee is an elected
official. This clarification is needed to give school
districts and community colleges the assurance that
their costs will be reimbursed by the union."
According to the sponsor:
"�This bill] is a vital piece of legislation because
many employees currently do not receive paid time off to
file grievances, attend city council meetings, research
collective bargaining proposals and be part of any civil
service or personnel commission meetings. This bill
will ensure that paid leaves of absences are guaranteed
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Date: 6/17/11 Page 3
and the employees are protected when attending �employee
organization] activities."
2)Arguments in Opposition
According to opponents:
This bill expands existing law by requiring school and
community college districts to provide a paid leave of
absence to any employee who is a member of the public
employee organization for any organization activities
the employee is authorized to attend. Opponents further
contend that this bill mandates working conditions and
rights that abrogate the local collective bargaining
process, and that providing a paid leave of absence to
any employee, as specified, would reduce the level of
available services.
The Kern County Superintendent of Schools (KCSS) contends
that the term "activities" contained in the bill regarding
what a member is authorized by the employee organization to
attend, is overly broad. KCSS specifically contends that
this term may include a variety of events, meetings, etc.,
and that there is no limit on the number or type of such
"activities," nor a limit on the number of employees who
may, at any given time, request and be granted leave to
attend such "activities." Finally, KCSS contends that the
bill is also unclear on the following: 1) whether members
of the organization would count as representatives, and 2)
what a "reasonable number" of employees means.
3) SUPPORT :
American Federation of State, County and Municipal
Employees (AFSCME), AFL-CIO, Sponsor
California School Employees Association (CSEA), AFL-CIO,
Co-Sponsor
California Federation of Teachers (CFT)
Glendale City Employees Association (GCEA)
Organization of SMUD Employees (OSE)
San Bernardino Public Employees Association (SBPEA)
San Luis Obispo County Employees Association (SLOCEA)
Santa Rosa City Employees Association (SRCEA)
Service Employees International Union (SEIU)
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Date: 6/17/11 Page 4
4) OPPOSITION :
California Association of School Business Officials (CASBO)
California State Association of Counties (CSAC)
Community College League of California (CCLC)
Kern County Superintendent of Schools (KCSS)
Regional Council of Rural Counties (RCRC)
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Date: 6/17/11 Page 5