BILL ANALYSIS �
SENATE PUBLIC EMPLOYMENT & RETIREMENT BILL NO: AB 1611
Norma Torres, Chair HEARING DATE: June 23, 2014
AB 1611 (Bonta) as amended 4/21/14 FISCAL: YES
CHANGES TO SCOPE OF REPRESENTATION: WRITTEN NOTICE TO
CLASSIFIED SCHOOL EMPLOYEES' EXCLUSIVE REPRESENTATIVE
HISTORY :
Sponsor: California School Employees Association (CSEA)
American Federation of State, County and Municipal
Employees (AFSCME), Co-sponsor
Other legislation: AB 1665 (Swanson) 2010,
Died in Senate PE&R Committee
ASSEMBLY VOTES :
PER & SS 5-1 4/02/14
Appropriations 12-5 4/30/14
Assembly Floor 58-19 5/15/14
SUMMARY :
AB 1611 would require public school employers to provide to
the exclusive representative of a classified school employee
group reasonable written notice of their intent to make any
changes to matters within the scope of representation.
BACKGROUND AND ANALYSIS :
1)Existing law :
a) provides, under the Educational Employment Relations
Act (EERA), public school employees the right to form,
join, and participate in the activities of employee
organizations of their choosing for the purpose of
representation on all matters of employer-employee
relations;
b) provides that employee organizations have the right
to represent their members in their employment relations
with public school employers; and
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c) provides that the scope of representation is limited
to matters relating to wages, hours of employment, and
other terms and conditions of employment.
2)This bill :
a) requires public school employers to provide
reasonable written notice to the exclusive
representative of classified personnel of the employer's
intent to make any changes to matters within the scope
of representation of the classified personnel for
purposes of providing the employee representative a
reasonable amount of time to negotiate with the employer
regarding the proposed changes.
b) makes non-substantive, technical amendments to update
and clarify Education Code references.
FISCAL :
According to the Assembly Appropriations committee, this bill
would result in "minor costs, which may be reimbursable as
state mandates, to public school employers for providing the
written notices."
In addition, "Costs may be partially offset by avoiding
employee appeals to the Public Employee Relations Board
(PERB) to enforce current non-statutory rights to receive
notice."
COMMENTS :
1)Background :
Under existing law, the Myers-Milias-Brown Act (MMBA), the
Dills Act (Dills), and the Trial Court Employees Act (TCEA)
govern, respectively, the labor relations of public
agencies, the state, and trial courts with their respective
employees. Each act provides that the respective employer
shall give reasonable, written notice to each recognized
employee organization affected by any rule, practice, or
policy directly relating to matters within the scope of
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representation proposed to be adopted by the employer and
shall give each such recognized employee organization the
opportunity to meet with the employer.
The Educational Employment Relations Act (EERA), which
governs the labor relations of public school employers and
public school employees, does not have a similar statutory
provision as those in MMBA, Dill, or TCEA, explicitly
mandating the employer give reasonable, written notice of
the employer's intent to make changes to matters within the
scope of representation.
2)Arguments in Support :
According to the Sponsor:
Despite decades of PERB decisional law that supports the
right of the exclusive representative to receive notice,
representatives of classified employees are forced to
return to PERB to enforce such rights. Unfortunately,
unlike other code sections dealing with public
employees, there is no notice requirement within the
Educational Employment Relations Act (EERA), which would
provide a clearer understanding to both employers and
employee representatives as to what is required by law.
AB 1611 would correct this problem by providing the
written notice requirement in statute, similar to
language found in the Myers-Milias-Brown Act for public
agency employees; the Dills Act for state employees; and
the Trial Court Employment Act.
3)SUPPORT :
California School Employees Association (CSEA), Sponsor
American Federation of State, County and Municipal
Employees (AFSCME), Co-Sponsor
California Federation of Teachers (CFT)
California Labor Federation (CLF)
California Teachers Association (CTA)
LIUNA Local 777
Service Employees International Union (SEIU)
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4)OPPOSITION :
School Employers Association of California (SEAC)
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