BILL ANALYSIS                                                                                                                                                                                                    �




                   Senate Appropriations Committee Fiscal Summary
                           Senator Christine Kehoe, Chair

                                          SB 609 (Negrete McLeod)
          
          Hearing Date: 05/02/2011        Amended: 03/24/2011
          Consultant: Maureen Ortiz       Policy Vote: PE&R 3-2
          
















































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          BILL SUMMARY:  SB 609 provides that a decision by an 
          administrative law judge will be final if an appeal to the 
          Public Employment Relations Board is not determined within 180 
          days.
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                            Fiscal Impact (in thousands)

           Major Provisions         2011-12      2012-13       2013-14     Fund
           
          Admin expenses                     -------------unknown, likely 
          minor-------------        General
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          STAFF COMMENTS: 
          
          Although there may not be direct costs associated with this 
          bill, it could have the effect of causing the Public Employment 
          Relations Board (PERB) to re-prioritize cases regarding the 
          recognition or certification of an employee organization in 
          order to complete a full determination of those cases within 180 
          days.  While most cases are settled quickly, a few will 
          occasionally require the scheduling of hearings which result in 
          a longer period of time before a determination by the Board can 
          be made.  Of the 95 cases filed since January 1, 2009 involving 
          Petitions for Recognition or Certification, only three have 
          involved an appeal filed with the Board.  One appeal was decided 
          after 52 days, another in 279 days, and the third is still 
          pending.

          Current law authorizes employee organizations to petition to 
          belong to a particular bargaining unit.  The employer must grant 
          recognition unless the employer raises a dispute, such as the 
          appropriateness of the proposed bargaining unit, in which case 
          the determination will be made by an Administrative Law Judge 
          (ALJ), acting as an agent of PERB.  The ALJ may conduct an 
          investigation, hold hearings, and make a determination which can 
          be appealed to the PERB.  SB 609 will provide that if the appeal 
          is not decided by PERB within 180 days, the decision by the ALJ 
          shall be deemed the final order of the Board. 

          The Public Employment Relations Board is charged with 
          administering the collective bargaining statutes covering 








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          employees of California's public schools (Educational Employment 
          Relations Act), colleges and universities (Higher Education 
          Employer-Employee Relations Act), employees of the State of 
          California (Ralph C. Dills Act), employees of local public 
          agencies (cities, counties and special districts under the 
          Meyers-Milias-Brown Act), trial court employees (Trial Court 
          Employment Protection and Governance Act and the Trial Court 
          Interpreter Employment and Labor Relations Act) and supervisory 
          employees of the Los Angeles County Metropolitan Transportation 
          Authority.    PERB has the authority to decide contested matters 
          involving recognition, certification, or decertification of 
          employee organizations.