BILL ANALYSIS                                                                                                                                                                                                    �






          SENATE PUBLIC EMPLOYMENT & RETIREMENT   BILL NO:  SB 1071
          Norma Torres, Chair         HEARING DATE:  April 21, 2014
          SB 1071 (Beall)    as introduced   2/19/14    FISCAL:  NO

           STATE EXCLUDED EMPLOYEES' BILL OF RIGHTS:  SENIORITY-BASED  
          SHIFTS
           
           HISTORY  :

            Sponsors: California Correctional Supervisor's Organization  
            (Co-Sponsor)
                      California Correctional Peace Officers'  
            Association (Co-Sponsor)

            Other legislation:  AB 697 (Maldonado), 2003
                          Vetoed by Governor
                        AB 2839 (Kehoe), 2002
                          Vetoed by Governor

           SUMMARY  :

          This bill would provide state excluded supervisory employees  
          in state departments operating two or more work shifts per  
          day the right to obtain work shifts based on seniority.  The  
          shift selection rights would apply only to 60 percent of the  
          positions within the same classification scheduled for a  
          shift.

           BACKGROUND AND ANALYSIS  :
          
           1)Existing law  :

             a)   requires, in the Bill of Rights for State Excluded  
               Employees (BRSEE), that the state meet and confer with  
               employee organizations which represent state employees  
               excluded from collective bargaining (supervisor,  
               managers, and confidential employees).

             b)   defines "meet and confer" for purposes of BRSEE to  
               mean that the state must consider, as fully as the  
               employer deems reasonable, excluded employee  
               organizations' presentations prior to reaching a  
               decision.
          Glenn A. Miles
          Date:  April 10, 2014                                   Page  
          1










             c)   allows represented state employees (but not excluded  
               employees) to have the right to obtain their preferred  
               work shifts based on their seniority if preferential  
               shift selection rights are part of their bargaining  
               contracts.

           2)This bill  :  
           
             a)   establishes a right for state excluded employees who  
               are supervisors and whose workplace operates two or more  
               work shifts per day to obtain their preferred work  
               shifts based on their seniority.

             b)   provides that the preferred shift selection rights  
               would apply only to 60 percent of the positions within  
               the same classification scheduled for a shift; for  
               example, if 20 correctional supervisors were required to  
               work a particular work shift, management would have to  
               assign 12 of those positions based on seniority but  
               would be able to assign the other 8 at its discretion.

           COMMENTS  :

           1)Arguments in Support  :  
           
          According to the author's office, excluded employees are  
          "bounced around from one shift to another without any  
          control.  This lack of control of work hours causes great  
          stress to the employees and their families.  Additionally,  
          this situation can perpetuate favoritism and undue  
          reprisals-in the form of shift changes-against excluded  
          employees a manager might not like."

          The California Correctional Supervisor's Organization states  
          that "this is a reasonable measure that meets the needs of  
          excluded employees who must perform shift work."

          According to California Correctional Peace Officers'  
          Association, "under our current collective bargaining  
          agreement, correctional peace officers are assigned shifts  
          and assignments based on a detailed program included within  
          out contract.  However, upon promotion to supervisor,  
          Glenn A. Miles
          Date:  April 10, 2014                                   Page  
          2









          sergeants and lieutenants lose the advantages of the current  
          program." "SB 1071 strikes a reasonable balance between  
          management's need to control supervisory assignments and the  
          need for supervisors to have some predictability over their  
          work schedules."

           2)SUPPORT  :

            California Correctional Supervisor's Organization,  
            Co-Sponsor
            California Correctional Peace Officers' Association,  
            Co-Sponsor
            Association of California State Supervisors (ACSS)

           3)OPPOSITION  :

            None on file.




                                      #####
          


















          Glenn A. Miles
          Date:  April 10, 2014                                   Page  
          3