BILL ANALYSIS �
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|SENATE RULES COMMITTEE | SB 931|
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THIRD READING
Bill No: SB 931
Author: Vargas (D)
Amended: 4/25/11
Vote: 21
SEN. PUBLIC EMPLOY. & RETIRE. COMMITTEE : 3-2, 5/9/11
AYES: Negrete McLeod, Padilla, Vargas
NOES: Walters, Gaines
SUBJECT : Public employee organizations
SOURCE : American Federation of State, County and
Municipal
Employees, AFL-CIO
American Federation of State, County and
Municipal
Employees, Local 3299
DIGEST : This bill prohibits public agencies from using
public funds to pay external consultants or legal advisors
to counsel the employer on how to minimize or deter the
exercise of guaranteed public employee rights related to
employer-employee relations, and exempts certain payments,
as specified.
ANALYSIS :
Existing Law
1.Establishes the Meyers-Milias-Brown Act (MMBA) which
CONTINUED
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provides a statutory framework for local government
employer-employee relations.
2.Establishes the Ralph C. Dills Act (Dills Act) which
provides a statutory framework for state
employer-employee relations.
3.Establishes the Educational Employer-Employee Relations
Act (EERA) which provides a statutory framework for
public school employer-employee relations.
4.Establishes the Higher Education Employer-Employee
Relations Act (HEERA) which provides a statutory
framework for employer-employee relations at the
University of California, California State University,
and Hastings College of Law.
5.Defines "recognized employee organization" as an employee
organization that has been formally acknowledged by a
public agency as an employee organization that represents
employees of the public agency.
6.Provides for negotiations between a state or local public
employer and representatives of recognized employee
organizations concerning wages, hours, and other terms
and conditions of employment.
7.Provide that public agencies and employee organizations
must not interfere with, intimidate, restrain, coerce or
discriminate against public employees because of an
exercise of their guaranteed statutory rights related to
employer-employee relations.
This bill:
1.Prohibits public agencies from using public funds to pay
external consultants or legal advisors to counsel the
employer on how to minimize or deter the exercise of
guaranteed employee rights under the MMBA, Dills Act,
EERA, and HEERA.
2.Exempts payments for representation of a public sector
employer before a court, administrative agency, or
tribunal for arbitration, or for engaging in collective
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bargaining on behalf of the employer with respect to
wages, hours, or other terms and conditions of
employment.
FISCAL EFFECT : Appropriation: No Fiscal Com.: No
Local: No
SUPPORT : (Verified 5/10/11)
American Federation of State, County and Municipal
Employees, AFL-CIO (co-source)
American Federation of State, County and Municipal
Employees, Local 3299 (co-source)
California Conference Board of the Amalgamated Transit
Union
California Conference of Machinists
California Nurses Association
California Teamsters Public Affairs Council
Professional and Technical Engineers, Local 21
OPPOSITION : (Verified 5/10/11)
Association of California Healthcare Districts
Association of California School Administrators
Association of California Water Agencies
California Association of Sanitation Agencies
California Association of Joint Powers Authorities
California Hospital Association
California Special Districts Association
California State Association of Counties
League of California cities
Regional Council of Rural Counties
Riverside County School Superintendents' Association
ARGUMENTS IN SUPPORT : According to the author's office,
"In the United States, there exists a multi-billion dollar
union-busting industry, comprised of thousands of attorneys
and consultants specializing in training and counseling
clients on effective 'union avoidance'. The same 'union
avoidance' specialists are often retained for legal
services and representation for employers in the realm of
labor and employment law. Regardless of how these firms
receive payment and the exact category of services
contracted for, employees of state-funded agencies are
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public employees and should not be subjected to employer
relations matters influenced by outside advisors
specializing in 'union avoidance'."
According to the sponsor, the American Federation of State,
County and Municipal Employees, "Public agencies should not
use scarce public funds to circumvent public employees'
guaranteed rights to a voice on the job. Public employees
are harassed, intimidated and threatened with unnecessarily
antagonist legal action for conducting themselves in a
manner that is protected by law. Public agencies such as
the University of California hire outside legal counsel who
specialize in 'union avoidance' to coach management on ways
to circumvent worker rights. It is vitally important
during this time of economic hardship that all public funds
are handled responsibly and invested with the best interest
of the state in mind."
ARGUMENTS IN OPPOSITION : According to the Association of
California Water Agencies, "Most public agency employers
who consult for sevices from an employment attorney are not
seeking to curtail employee rights or the right of its
workers to unionize. There are public agency employers who
act in good faith but do not have expertise on staff to
deal with negotiating with unions and as such are required
to seek outside counsel. In addition, many of the issues
that a union is able to negotiate on behalf of its members
are matters which may bind the public agency to a contract
worth millions of dollars. We believe it is inappropriate
to expect the ratepayers of a water agency to be held
liable for contracts in which their best interests were not
taken into account."
CPM:cm 5/10/11 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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