BILL ANALYSIS �
SENATE PUBLIC EMPLOYMENT & RETIREMENT BILL NO: SB 609
Gloria Negrete McLeod, Chair
Hearing date: April 11, 2011
SB 609 (Negrete McLeod) as amended 3/24/11
FISCAL: YES
PUBLIC EMPLOYMENT RELATIONS BOARD: CERTIFICATION OF EMPLOYEE
ORGANIZATIONS
HISTORY :
Sponsor: California Teamsters Public Affairs Council
Prior legislation: None
SUMMARY :
Would make the decision of an administrative law judge final
(ALJ) regarding recognition or certification of an employee
organization if the Public Employment Relations Board (PERB)
does not issue a ruling that supersedes the decision on or
before 180 days after an appeal is filed.
BACKGROUND AND ANALYSIS :
1)Existing law :
a) establishes the Meyers-Milias-Brown Act (MMBA) which
provides a statutory framework for local government
employer-employee relations;
b) establishes the Ralph C. Dills Act (Dills Act) which
provides a statutory framework for state
employer-employee relations;
c) establishes the Educational Employment Relations Act
(EERA) which provides a statutory framework for public
school employer-employee relations;
d) establishes the Higher Education Employer-Employee
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Date: 4/1/11 Page 1
Relations Act (HEERA) which provides a statutory
framework for employer-employee relations at the
University of California (UC), California State
University (CSU), and Hastings College of Law;
e) establishes the Trial Court Employment Protection and
Governance Act (Trial Court Act) which provides, as
specified, a statutory framework for trial court
employer-employee relations;
f) establishes the Trial Court Interpreter Employment
and Labor Relations Act (Court Interpreter Act) which
provides a statutory framework for court interpreter
employer-employee relations;
g) establishes the Los Angeles County Metropolitan
Authority Transit Employer-Employee Relations Act
(TEERA) which provides a statutory framework for public
transit district employer-employee relations;
h) provides a uniform basis for recognizing the right of
public employees to join organizations of their own
choice and to be represented by the exclusive
representative of the employees in a unit;
i) establishes the PERB as the State agency that has
authority to determine in disputed cases, or otherwise
approve, appropriate units and to decide contested
matters involving recognition, certification, or
decertification of employee organizations;
j) allows employers to file with the PERB, a dispute
involving recognition or certification of employee
organizations;
aa) defines "employee organization" as any organization,
or any person of the organization authorized to act on
its behalf, that includes employees of a public employer
and which has, as one of its primary purposes,
representing those employees in their relations with
that public employer, and
bb) defines "recognized employee organization" as an
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Date: 4/1/11 Page 2
employee organization that has been formally
acknowledged by the public agency as an employee
organization that represents employees of the public
agency.
2)This bill :
a) would make the decision of an administrative law
judge final regarding recognition or certification of an
employee organization if the PERB does not issue a
ruling that supersedes the decision on or before 180
days after an appeal is filed.
COMMENTS :
1)Employee and employer rights regarding recognizing an
employee organization
When an employee organization files a representation petition
with the PERB that reflects a majority of support in the unit
sought to be represented, the employer must grant recognition
unless the employer raises a dispute, such as the
appropriateness of the proposed bargaining unit, in which
case, the Board agent (i.e., ALJ) must conduct a formal
investigation or hearing and issue a written determination.
The losing party may appeal the decision to the Board. This
same process applies to other types of representation
petitions as to which there is a dispute raised by the
employer or employee organization.
2)Argument in support
According to the author:
"When some aspect of a Public Employment Relations Board
(PERB) representation petition is disputed, it has the
effect of delaying, sometimes by several years,
effectuation of employee free choice as to
representation. Moreover, an employer that raises a
dispute to an initial representation petition can avoid
recognition and bargaining by years, by which time
employees have become disillusioned and the employer
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unilaterally has been able to make significant changes
in wages, benefits and working conditions without having
to negotiate with the employees' chosen representative."
3) SUPPORT :
California Teamsters Public Affairs Council (CTPAC),
sponsor
American Federation of State, County and Municipal
Employees (AFSCME)
Association of California State Supervisors (ACSS)
California Conference Board of the Amalgamated Transit
Union
California Conference of Machinists
California Labor Federation
CSEA Retirees, Inc.
California State Employees Association (CSEA)
California State University Employees Union (CSUEU)
Professional and Technical Engineers, Local 21
4) OPPOSITION :
None to date
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Date: 4/1/11 Page 4