BILL ANALYSIS �
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|SENATE RULES COMMITTEE | SB 609|
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THIRD READING
Bill No: SB 609
Author: Negrete McLeod (D)
Amended: 3/24/11
Vote: 21
SEN. PUB. EMPLOY. & RETIREMENT COMMITTEE : 3-2, 4/11/11
AYES: Negrete McLeod, Padilla, Vargas
NOES: Walters, Gaines
SENATE APPROPRIATIONS COMMITTEE : 6-3, 5/2/11
AYES: Kehoe, Alquist, Lieu, Pavley, Price, Steinberg
NOES: Walters, Emmerson, Runner
SUBJECT : Public Employment Relations Board: final
orders
SOURCE : California Teamsters Public Affairs Council
DIGEST : This bill makes the decision of an
administrative law judge final regarding recognition or
certification of an employee organization if the Public
Employment Relations Board does not issue a ruling that
supersedes the decision on or before 180 days after an
appeal is filed.
ANALYSIS :
Existing Law
1.Establishes the Meyers-Milias Brown Act which provides a
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statutory framework for local government
employer-employee relations.
2.Establishes the Ralph C. Dills Act which provides a
statutory framework for state employer-employee
relations.
3.Establishes the Educational Employment Relations Act
which provides a statutory framework for public school
employer-employee relations.
4.Establishes the Higher Education Employer-Employee
Relations Act which provides a statutory framework for
employer-employee relations at the University of
California, the California State University, and
Hastings College of Law.
5.Establishes the Trial Court Employment Protection and
Governance Act (which provides, as specified, a
statutory framework for trial court employer-employee
relations.
6.Establishes the Trial Court Interpreter Employment and
Labor Relations Act which provides a statutory framework
for court interpreter employer-employee relations.
7.Establishes the Los Angeles County Metropolitan
Authority Transit Employer-Employee Relations Act which
provides a statutory framework for public transit
district employer-employee relations.
8.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.
9.Establishes the Public Employment Relations Board (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.
10.Allows employers to file with the PERB, a dispute
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involving recognition or certification of employee
organizations.
11.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.
12.Defines "recognized employee organization" as an
employee organization that has been formally
acknowledged by the public agency as an employee
organization that represents employees of the public
agency.
This bill makes the decision of an administrative law judge
final regarding recognition of certification of an employee
organization if PERB does not issue a ruling that
supersedes the decision on or before 180 days after an
appeal is filed.
Comments
When an employee organization files a representation
petition with 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 PERB agent (i.e., administrative law judge)
must conduct a formal investigation or hearing and issue a
written determination. The losing party may appeal the
decision to PERB. This same process applies to other types
of representation petitions as to which there is a dispute
raised by the employer or employee organization.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
Fiscal Impact (in thousands)
Major Provisions 2011-12 2012-13
2013-14 Fund
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Admin expenses -- Unknown, likely
minor -- General
SUPPORT : (Verified 5/3/11)
California Teamsters Public Affairs Council (source)
American Federation of State, County and Municipal
Employees, AFL-CIO
Association of California State Supervisors
California Conference Board of the Amalgamated Transit
Union
California Conference of Machinists
California Labor Federation
CSEA Retirees, Inc.
California State Employees Association
California State University Employees Union
Professional and Technical Engineers, Local 21
ARGUMENTS IN SUPPORT : According to the author's office,
"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 unilaterally has been able
to make significant changes in wages, benefits and working
conditions without having to negotiate with the employee's
chose representative."
CPM:cm 5/3/11 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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