BILL ANALYSIS �
AB 1203
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CONCURRENCE IN SENATE AMENDMENTS
AB 1203 (Mendoza)
As Amended August 23, 2012
Majority vote
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|ASSEMBLY: |50-23|(May 5, 2011) |SENATE: |22-14|(August 28, |
| | | | | |2012) |
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Original Committee Reference: P.E.,R. & S.S.
SUMMARY : Requires school and community college districts, in
addition to granting leaves for elected officers of employee
organizations, to grant a leave of absence, without loss of
compensation, to a reasonable number of unelected classified
employees, as specified. Specifically, this bill :
1)Requires school district and community college districts to
provide paid leaves of absence to a reasonable number of
classified school employees who are members of an employee
organization in order to participate in activities the member
is authorized by the organization to attend.
2)Requires the employee organization to reimburse the school
district or community college district for the cost of
releasing the employee.
3)Specifies that the employee will earn full retirement service
credit for these activities, up to 12 years, and be required
to pay member retirement contributions for that service
credit.
The Senate amendments :
1)Require the employee organization to always provide reasonable
notification to the employer when a leave of absence is
requested rather than just whenever it is possible.
2)Delete the ability for local public agency representatives of
employee organizations to receive reasonable time off to
participate in specified employee organization activities.
EXISTING LAW :
AB 1203
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1)Requires school districts and community college districts to
grant a classified employee a paid leave of absence in order
for that employee to serve as an elected officer of an
employee organization.
2)Requires the employee organization to reimburse the school
district or community college district for the cost of
releasing the employee.
3)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.
AS PASSED BY THE ASSEMBLY , this bill was substantially similar
to the version approved by the Senate.
FISCAL EFFECT : Unknown. This bill is keyed non-fiscal by the
Legislative Counsel.
COMMENTS : Supporters state, "Under current law, school
districts and community colleges are reimbursed for the cost to
release a classified school employee from their work to attend
to their union activities, only if the classified employee is an
elected official of the union. This bill authorizes school
districts and community colleges to be reimbursed for the cost
to release a classified school employee from their work,
regardless of whether the employee is an elected official or
not. This clarification is needed to give school districts and
community colleges the assurance that their costs will be
reimbursed by the union."
Opponents state, "While current law requires paid leave for
employee organization officers, this bill would expand the
requirements to any employee for any reason. This requirement
skirts the local collective bargaining process which is where we
feel it belongs. Additionally, providing reimbursement provide
little comfort to local districts which would be required to
find adequate substitutes to replace the person on leave.
Ensuring the same level of service to students, employees and
public requires substantial effort; simply being reimbursed for
the salary does not make up for the extra effort required of
management and those non-managers who remain in their
positions."
AB 1203
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Analysis Prepared by : Karon Green / P.E., R. & S.S. / (916)
319-3957
FN: 0005756