BILL ANALYSIS                                                                                                                                                                                                    �



                                                                  AB 2495
                                                                  Page  1

          Date of Hearing:   April 26, 2012

            ASSEMBLY COMMITTEE ON PUBLIC EMPLOYEES, RETIREMENT AND SOCIAL 
                                      SECURITY
                              Warren T. Furutani, Chair
                    AB 2495 (Grove) - As Amended:  March 29, 2012
           
          SUBJECT  :   Public employees: fair share payments.

           SUMMARY  :   Authorizes a state employee subject to a fair share 
          fee to elect to have a sum equal to the fair share fee paid to a 
          retirement savings plan of their choosing instead of to the 
          recognized employee organization.  

           EXISTING LAW  :

          1)Provides that once an employee organization is recognized as 
            the exclusive representative of a state bargaining unit, it 
            may enter into an agreement with the state employer providing 
            for organizational security in the form of maintenance of 
            membership or fair share fee deduction.

          2)Requires the state to deduct the amount specified by the 
            recognized employee organization from the salary or wages of 
            every employee for the membership fee or the fair share fee 
            and to remit these fees monthly to the recognized employee 
            organization.

          3)Authorizes an employee who is a member of a religious body 
            that objects to joining or financially supporting employee 
            organizations to elect to have a sum equal to the membership 
            fee or fair share fee paid to a charitable fund as specified.  


           FISCAL EFFECT  :   Unknown.

          COMMENTS  :   According to the author, "Many public employees are 
          forced to pay dues to a union that they philosophically oppose.  
          At the same time, these workers are struggling to make ends meet 
          as they approach retirement.  These workers should be given the 
          option to put more of those hard-earned dollars toward 
          retirement rather than supporting a union that they do not agree 
          with."

          Opponents state, "The purpose of fair share fees is to reimburse 








                                                                  AB 2495
                                                                  Page  2

          the employee organization for its costs in representing persons 
          who decline to be members in matters of contract negotiation and 
          maintenance.  Such organizations have an obligation to represent 
          all employees within the bargaining unit, whether they choose to 
          be members.  AB 2495 would create a situation where fair share 
          payers would get a 'free ride' on the backs of members of the 
          employee organization."

          Opponents conclude, "If members of bargaining units were not 
          required to pay for the costs associated with contract 
          negotiation and maintenance, but the exclusive representative 
          continued to be obligated to provide those services, collective 
          bargaining in this state would be compromised."




           REGISTERED SUPPORT / OPPOSITION  :   

           Support 
           
          Howard Jarvis Taxpayers Association
          Orange County Taxpayers Association

           Opposition 
           
          California Association of Professional Scientists
          California Correctional Peace Officers Association
          California Professional Firefighters
          California Statewide Law Enforcement Association
          California Teachers Association
          Professional Engineers in California Government
           
          Analysis Prepared by  :    Karon Green / P.E., R. & S.S. / (916) 
          319-3957