BILL ANALYSIS �
SB 609
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Date of Hearing: June 8, 2011
ASSEMBLY COMMITTEE ON PUBLIC EMPLOYEES, RETIREMENT AND SOCIAL
SECURITY
Warren T. Furutani, Chair
SB 609 (Negrete McLeod) - As Amended: March 24, 2011
SENATE VOTE : 22-15
SUBJECT : Public Employment Relations Board: final orders.
SUMMARY : Makes the decision of an administrative law judge
final regarding recognition of 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.
EXISTING LAW :
1)Charges PERB with administering the collective bargaining
statutes covering 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.
2)Establishes 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.
3)Allows employers to file with PERB, a dispute involving
recognition or certification of employee organizations.
4)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.
SB 609
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5)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.
FISCAL EFFECT : According to the Senate Appropriations
Committee, "Although there may not be direct costs associated
with this bill, it could have the effect of causing 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."
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.
According to the author's office, "When some aspect of a 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
chosen representative."
REGISTERED SUPPORT / OPPOSITION :
Support
SB 609
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California Teamsters Public Affairs Council (Sponsor)
American Federation of State, County and Municipal Employees
Association of California State Supervisors
California Conference Board of the Amalgamated Transit Union
California Conference of Machinists
California Labor Federation
California State Employees Association
California State University Employees Union
CSEA Retirees
Professional and Technical Engineers, Local 21
Opposition
None on file
Analysis Prepared by : Karon Green / P.E., R. & S.S. / (916)
319-3957