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 








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