BILL ANALYSIS Ó
AB 2381
Page 1
ASSEMBLY THIRD READING
AB 2381 (Roger Hernández)
As Amended April 12, 2012
Majority vote
PUBLIC EMPLOYEES 4-2 APPROPRIATIONS 12-5
-----------------------------------------------------------------
|Ayes:|Charles Calderon, Allen, |Ayes:|Fuentes, Blumenfield, |
| |Ma, Wieckowski | |Bradford, Charles |
| | | |Calderon, Campos, Davis, |
| | | |Gatto, Ammiano, Hill, |
| | | |Lara, Mitchell, Solorio |
| | | | |
|-----+--------------------------+-----+--------------------------|
|Nays:|Mansoor, Gorell |Nays:|Harkey, Donnelly, |
| | | |Nielsen, Norby, Wagner |
| | | | |
-----------------------------------------------------------------
SUMMARY : Makes the Ralph C. Dills Act (Dills Act) applicable
to specified employees of the Judicial Council, including
employees of the Administrative Office of the Courts (AOC).
Specifically, this bill :
1)Specifies that the Dills Act applies to employees of the
Judicial Council of the AOC.
2)Defines "state employee" to include any employee of the
Judicial Council except for managerial, confidential, and
supervisory employees.
3)Excludes from the definition of "state employee" any judicial
officer or employee of the Supreme Court, the courts of
appeal, or the Habeas Corpus Resource Center.
4)Designates the Administrative Director of the Courts as the
"employer" for purposes of bargaining or meeting and
conferring in good faith.
5)Specifically 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.
AB 2381
Page 2
6)Requires the Public Employment Relations Board (PERB) when
determining appropriate bargaining units for these employees
to not include them in a bargaining unit that includes other
employees.
EXISTING LAW :
1)Establishes the Dills Act, originally called the State
Employer-Employee Relations Act, which governs collective
bargaining for state employees. The Dills Act establishes a
process for determining wages, hours and terms and conditions
of employment for rank and file and supervisory employees.
Managers and confidential employees are provided no bargaining
rights.
2)Establishes the Trial Court Employment Protection and
Governance Act (TCEPGA) which governs labor relations between
trial courts and trial court employees. TCEPGA defines "trial
court employee" as a person who is both of the following:
a) Paid from the trial court's budget, as specified,
regardless of the funding source; and,
b) Subject to the trial court's right to control the manner
and means of his or her work because of the trial court's
authority to hire, supervise, discipline, and terminate
employment.
3)Establishes PERB which is a quasi-judicial administrative
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.
FISCAL EFFECT : According to the Assembly Appropriations
Committee, this bill will result in increased costs for the AOC
of approximately $500,000 annually most of which would be
General Fund costs. 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
AB 2381
Page 3
approved by employees and is a benefit to employees, there could
be increased costs for the AOC as a result of bargained salary
and benefit increases.
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 : According to the author, "AB 2381 is a simple parity
bill that would extend the same rights to the employees of the
Administrative Office of the Courts (AOC) that are afforded to
other public employees to select an employee representative of
their choosing.
"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. The AOC
is the state administrative agency of the judicial branch."
The Public Employees, Retirement and Social Security Committee
is informed that the employees of the AOC do not technically
fall under the definitions of either the TCEPGA or the Dills
Act. They are not trial court employees nor are they covered by
the state civil service system; therefore, the employees of the
AOC have been excluded from coverage under the Dills Act.
The sponsor contends, "?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."
"However, 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."
Analysis Prepared by : Karon Green / P.E., R. & S.S. / (916)
319-3957 FN:
0003850
AB 2381
Page 4