BILL ANALYSIS �
------------------------------------------------------------
|SENATE RULES COMMITTEE | AB 1203|
|Office of Senate Floor Analyses | |
|1020 N Street, Suite 524 | |
|(916) 651-1520 Fax: (916) | |
|327-4478 | |
------------------------------------------------------------
THIRD READING
Bill No: AB 1203
Author: Mendoza (D)
Amended: 8/23/12 in Senate
Vote: 21
SENATE PUBLIC EMPLOY. & RETIRE. COMMITTEE : 3-2, 6/27/11
AYES: Negrete McLeod, Padilla, Vargas
NOES: Walters, Gaines
SENATE FLOOR : 23-13, 8/30/11
AYES: Alquist, Calderon, Corbett, Correa, De Le�n,
DeSaulnier, Hancock, Hernandez, Kehoe, Leno, Lieu, Liu,
Lowenthal, Negrete McLeod, Padilla, Pavley, Price,
Simitian, Steinberg, Vargas, Wolk, Wright, Yee
NOES: Anderson, Berryhill, Cannella, Dutton, Emmerson,
Fuller, Gaines, Huff, La Malfa, Rubio, Strickland,
Walters, Wyland
NO VOTE RECORDED: Blakeslee, Evans, Harman, Runner
ASSEMBLY FLOOR : 50-23, 5/5/11 - See last page for vote
SUBJECT : Public employee organization members: paid
leaves of
absence
SOURCE : American Federation of State, County and
Municipal
Employees, AFL-CIO
California School Employees Association
CONTINUED
AB 1203
Page
2
DIGEST : This bill expands provisions in existing law
governing union-paid leaves of absences for classified
school employees who are representatives of employee
organizations, as specified.
Senate Floor Amendments of 8/23/12 add language which (1)
amends the Education Code to require school and community
college districts to grant paid leaves of absence for a
reasonable number of unelected classified employees to
attend important organizational activities. The employees
shall earn full retirement service credit for the paid
leaves of absence, up to a maximum of 12 years, (2) delete
a section relative to county employee organizations, and
(3) make technical changes.
Senate Floor Amendments of 8/22/11 clarify provisions of
the bill regarding (1) notification requirements when
employees take time off without loss of compensation for
union related activities, and (2) the types of activities
for which an employer must allow time off without loss of
compensation for union related activities.
Senate Floor Amendments of 7/11/11 clarify that if a local
public agency employer, school district, or community
college district has a collective bargaining agreement in
place, then the agreement is controlling over the
requirements of the statute.
ANALYSIS : Existing law 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 and requires
the employee organization to reimburse the school district
or community college district for the wages of the
employee, including retirement contributions. The employee
earns retirement service credit for that service, up to a
maximum of 12 years.
This bill requires school and community college districts,
in addition to granting leaves for elected officers of
employee organizations, to grant a leaves of absence,
without loss of compensation, to a reasonable number of
unelected classified employees for the purpose attending
important organization activities authorized by the
AB 1203
Page
3
employee organization. Employee wages, including
retirement contributions, would be reimbursed by the
employee organizations. An employee would receive
retirement service credit for these activities for no more
than 12 years of leave over the employee's career.
FISCAL EFFECT : Appropriation: No Fiscal Com.: No
Local: No
SUPPORT : (Verified 8/24/12)
American Federation of State, County and Municipal
Employees, AFL-CIO (co-source)
California School Employees Association (co-source)
California Federation of Teachers
California Teachers Association
Glendale City Employees Association
Organization of SMUD Employees
San Bernardino Public Employees Association
San Luis Obispo County Employees Association
Santa Rosa City Employees Association
Service Employees International Union
OPPOSITION : (Verified 8/24/12)
California Association of School Business Officials
California State Association of Counties
City of Santa Maria, Office of the City Manager
City of Ventura
Community College League of California
County of Los Angeles Board of Supervisors
Department of Personnel Administration
Kern County Superintendent of Schools
League of California Cities
Regional Council of Rural Counties
Riverside County School Superintendents' Association
ARGUMENTS IN SUPPORT : According to the author's office,
"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
AB 1203
Page
4
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 one of the sponsors, the American Federation
of State, County and Municipal Employees, AFL-CIO, "�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 and the
employees are protected when attending �employee
organization] activities.
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
AB 1203
Page
5
bill is also unclear on whether members of the organization
would count as representatives, and what a "reasonable
number" of employees means.
ASSEMBLY FLOOR : 50-23, 5/5/11
AYES: Alejo, Allen, Ammiano, Atkins, Beall, Block,
Blumenfield, Bonilla, Bradford, Brownley, Buchanan,
Butler, Charles Calderon, Campos, Carter, Cedillo,
Chesbro, Davis, Dickinson, Eng, Feuer, Fong, Fuentes,
Galgiani, Gatto, 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
NOES: Achadjian, Bill Berryhill, Conway, Cook, Donnelly,
Fletcher, Grove, Hagman, Halderman, Harkey, Jeffries,
Knight, Logue, Mansoor, Miller, Morrell, Nestande, Norby,
Olsen, Silva, Smyth, Valadao, Wagner
NO VOTE RECORDED: Furutani, Garrick, Gordon, Gorell,
Jones, Nielsen, Vacancy
PQ:mk 11/13/12 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
**** END ****