BILL ANALYSIS Ó
AB 2381
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Date of Hearing: May 9, 2012
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Felipe Fuentes, Chair
AB 2381 (Roger Hernandez) - As Amended: April 12, 2012
Policy Committee: PERSSVote:4-2
Urgency: No State Mandated Local Program:
No Reimbursable:
SUMMARY
This bill makes the Ralph C. Dills Act applicable to specified
employees of the Judicial Council, including employees of the
Administrative Office of the Courts (AOC). Specifically, this
bill:
1)Excludes certain matters from the scope of representation,
however, the impact of those matters are included if those
matters affect wages, hours and terms and conditions of
employment of Judicial Council employees.
2)Requires the Public Employment Relations Board (PERB) when
determining appropriate bargaining units for these employees
to place them in a new bargaining unit.
FISCAL EFFECT
1)Annual GF costs to the AOC would likely exceed $300,000. The
costs may be higher in the initial years when the office will
need to determine the composition of the bargaining unit or
units and to bargain the first contract. Additionally, to the
extent that collective bargaining is approved by employees and
is a benefit to employees, there could be increased costs for
the Administrative Office of the Courts as a result of
bargained salary and benefit increases.
2)PERB will incur General Fund administrative costs of
approximately $250,000 per year, which may decline after the
bargaining unit is formed and representation determined.
COMMENTS
AB 2381
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1)Purpose. According to the author, AB 2381 is a simple parity
bill that extends the same rights to the employees of AOC that
are afforded to other public employees to select an employee
representative of their choosing. The author notes virtually
all employees in California are entitled to join an employee
organization if they so choose, however, the public employees
of the AOC are not afforded this basic right.
2)Support. According to Service Employees International Union,
the bill's sponsor, it is a technical oversight that these
employees have been excluded from the right to be represented
by an employee organization. AB 2381 is necessary to rectify
this technicality which excludes AOC employees from enjoying
the exact same rights as other public employees in California.
Supporters also note AB 2381 does not place AOC employees
under the state civil service; the bill only extends the labor
relations statutes of the Dills Act to employees of the AOC.
3)Background. The Dills Act governs collective bargaining for
state employees. The Dills Act establishes a process for
determining wages, hours and terms and conditions of
employment for rank & file and supervisory employees.
Managers and confidential employees are provided no bargaining
rights.
The Trial Court Employment Protection and Governance Act
(TCEPGA) governs labor relations between trial courts and
trial court employees. Neither TCEPG nor the Dills Act apply
to the employees of AOC.
Public Employment Relations Board (PERB) is the agency charged
with administering the collective bargaining statutes covering
employees of California's public schools, colleges, and
universities, employees of the State of California, employees
of California local public agencies (cities, counties and
special districts), trial court employees and supervisory
employees of the Los Angeles County Metropolitan
Transportation Authority.
Analysis Prepared by : Roger Dunstan / APPR. / (916) 319-2081
AB 2381
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