BILL ANALYSIS �
SB 609
Page 1
SENATE THIRD READING
SB 609 (Negrete McLeod)
As Amended March 24, 2011
Majority vote
SENATE VOTE :22-15
PUBLIC EMPLOYEES 4-2 APPROPRIATIONS 11-5
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|Ayes:|Furutani, Allen, Ma, |Ayes:|Fuentes, Blumenfield, |
| |Wieckowski | |Bradford, Charles |
| | | |Calderon, Campos, Gatto, |
| | | |Hall, Hill, Lara, |
| | | |Mitchell, Solorio |
| | | | |
|-----+--------------------------+-----+--------------------------|
|Nays:|Mansoor, Harkey |Nays:|Harkey, Donnelly, |
| | | |Nielsen, Norby, Wagner |
| | | | |
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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,
SB 609
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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.
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 Assembly Appropriations
Committee, "There would be minor and absorbable costs to PERB
for changing their administrative procedures and regulations to
comply with the bill's requirements.
"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. This is unlikely to have a significant
impact at this point on PERB operations as these types of cases
are a small part of the business that comes before PERB. In
addition, only a small number are appealed. According to PERB,
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. Of these three, 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
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representation petitions as to which there is a dispute raised
by the employer or employee organization.
According to the author, "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."
Analysis Prepared by : Karon Green / P.E., R. & S.S. / (916)
319-3957
FN: 0001544