BILL ANALYSIS Ó
SENATE PUBLIC EMPLOYMENT & RETIREMENT BILL NO: AB 2381
Gloria Negrete McLeod, Chair Hearing date: June 25, 2012
AB 2381 (Roger Hernández) as amended 4/12/12
FISCAL: YES
JUDICIAL COUNCIL: EMPLOYEE INCLUSION IN DILLS ACT
HISTORY :
Sponsor: Service Employees International Union
Other legislation: None
ASSEMBLY VOTES :
PER & SS 4-2 4/26/12
Appropriations 12-5 5/25/12
Assembly Floor 52-255/30/12
SUMMARY :
AB 2381 establishes the Judicial Council Employer-Employee
Relations (JCCER) article to cover Judicial Council
employees, including employees of the Administrative Office
of the Courts (AOC), so that AOC employees receive the right
to organize and bargain consistent with most California
employees.
BACKGROUND AND ANALYSIS :
1)Existing law :
a) provides collective bargaining for state employees of
the executive branch under the Ralph C. Dills Act (Dills
Act) which establishes a process for determining wages,
hours and terms and conditions of employment for
represented employees. Managers and confidential
employees are excluded from bargaining rights.
b) regulates labor relations between trial courts and
trial court employees under the Trial Court Employment
Protection and Governance Act (TCEPGA).
Glenn A. Miles
Date: 6/18/12 Page 1
c) establishes the Public Employment Relations Board
(PERB), a quasi-judicial administrative agency, to
administer the collective bargaining statutes covering
public employees including school, college, state, local
agency, and trial court employees.
1)This bill :
a) establishes a new article, Judicial Council
Employer-Employee Relations (JCCER), making the Dills
Act applicable to Judicial Council and AOC employees,
with specific exceptions.
b) defines "state employee" for the purposes of JCEER to
include any employee of the Judicial Council except for
managerial, confidential, and supervisory employees.
c) excludes from JCEER's definition of "state employee"
any judicial officer or employee of the Supreme Court,
the courts of appeal, or the Habeas Corpus Resource
Center.
d) specifies that, wherever the Dills Act refers to the
Governor as employer, the Administrative Director of the
Courts (ADC) is the "employer" for purposes of
bargaining or meeting and conferring in good faith under
JCEER.
e) excludes certain matters related to the unique and
special responsibilities of the judicial branch from the
scope of representation (i.e., court administration,
court operations, court automation, court facilities
design, court services, and court hours). However, to
the extent the excluded maters impact Judicial Council
employees' wages, hours, and terms and conditions of
employment the bill includes that impact within the
scope of representation and requires the ADC to meet and
confer in good faith regarding that impact.
f) prohibits the Public Employment Relations Board
(PERB) from including AOC employees in a bargaining unit
that includes non-Judicial Council employees.
Glenn A. Miles
Date: 6/18/12 Page 2
COMMENTS :
1)Arguments in Support
The author states that "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." AOC employees are neither trial
court employees covered under the TCEPGA, nor state employees
covered under the Dills Act. "This bill only extends the
labor relations statutes of the Dills Act to employees of the
AOC."
The sponsor states that "AB 2381 is necessary to provide
parity for AOC employees so they may enjoy the same rights
which are currently afforded to all other public employees in
California."
The American Federation of State, County and Municipal
Employees (AFSCME) states that AOC employees do not fall
within the technical definition of state civil service
employee on one hand, nor of trial court employees on the
other. "In essence, it is a technical oversight that these
(AOC) employees have been excluded from the right to be
represented. AB 2381 is necessary to rectify this
technicality."
2)Judicial Council's Concerns
The Judicial Council states that it does not object to the
policy purposes of AB 2381 but has concerns "on the technical
approach taken by this bill of folding judicial branch
employees in under the Dills Act, which otherwise applies to
executive branch employees. Because of difference between
the executive branch and the judicial branch, the council
does not believe it is appropriate or feasible to simply say
that the Dills Act applies to employees of the AOC."
3)SUPPORT :
Service Employees International Union (SEIU), Sponsor
California Attorneys, Administrative Law Judges and
Glenn A. Miles
Date: 6/18/12 Page 3
Hearing Officers in State Employment (CASE)
American Federation of State, County and Municipal
Employees (AFSCME)
4)OPPOSITION :
None to date
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Glenn A. Miles
Date: 6/18/12 Page 4