BILL ANALYSIS �
SB 1071
Page 1
SENATE THIRD READING
SB 1071 (Beall)
As Amended May 20, 2014
Majority vote
SENATE VOTE :36-0
PUBLIC EMPLOYEES 6-1
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|Ayes:|Bonta, Harkey, | | |
| |Jones-Sawyer, Rendon, | | |
| |Ridley-Thomas, Wieckowski | | |
| | | | |
|-----+--------------------------+-----+--------------------------|
|Nays:|Allen | | |
| | | | |
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SUMMARY : Provides state excluded supervisory employees
operating two or more work shifts per day, the right to obtain
work shifts based on seniority, as specified. Specifically,
this bill :
1)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.
2)Provides that the preferred shift selection rights would apply
only to 60% of the positions within the same classification
scheduled for a shift; for example, if 20 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 eight at its discretion.
3)Specifies that the above provisions do not apply to a peace
officer employed by the Department of California Highway
Patrol or the Department of Corrections and Rehabilitation.
EXISTING LAW :
1)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
SB 1071
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collective bargaining (supervisor, managers, and confidential
employees).
2)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.
3)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.
FISCAL EFFECT : Unknown. This bill is keyed non-fiscal by the
Legislative Counsel.
COMMENTS : According to the author, "Civil service excluded
employees are not afforded the ability to utilize their
classification seniority to obtain a desired shift to work.
Consequently, excluded employees are bounced around from one
shift to another without any control. This lack of control of
work hours causes great distress 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 author concludes, "This bill will give the employee and
their family more stability to direct their lives, as well as
protect employees from unfair shift treatment."
Analysis Prepared by : Karon Green / P.E., R. & S.S. / (916)
319-3957
FN: 0004131