BILL ANALYSIS �
-----------------------------------------------------------------
|SENATE RULES COMMITTEE | SB 1071|
|Office of Senate Floor Analyses | |
|1020 N Street, Suite 524 | |
|(916) 651-1520 Fax: (916) | |
|327-4478 | |
-----------------------------------------------------------------
UNFINISHED BUSINESS
Bill No: SB 1071
Author: Beall (D)
Amended: 5/20/14
Vote: 21
SENATE PUBLIC EMPLOY. & RETIRE. COMM. : 3-1, 4/21/14
AYES: Torres, Block, Gaines
NOES: Walters
NO VOTE RECORDED: Evans
SENATE FLOOR : 36-0, 5/5/14
AYES: Anderson, Beall, Berryhill, Block, Cannella, Corbett,
Correa, De Le�n, DeSaulnier, Evans, Fuller, Gaines, Galgiani,
Hancock, Hernandez, Hill, Hueso, Huff, Jackson, Knight, Lara,
Leno, Lieu, Liu, Mitchell, Monning, Morrell, Nielsen, Padilla,
Pavley, Roth, Steinberg, Torres, Vidak, Wolk, Wyland
NO VOTE RECORDED: Calderon, Walters, Wright, Yee
ASSEMBLY FLOOR : 60-17, 6/30/14 - See last page for vote
SUBJECT : Bill of Rights for State Excluded Employees
SOURCE : California Correctional Peace Officers Association
California Correctional Supervisors Organization
DIGEST : This bill provides state excluded supervisory
employees operating two or more work shifts per day, the right
to obtain work shifts based on seniority. The shift selection
rights apply only to 60% of the positions within the same
classification scheduled for a shift. Clarifies these
CONTINUED
SB 1071
Page
2
provisions do not apply to a peace officer employed by the
Department of the California Highway Patrol (CHP) or the
Department of Corrections and Rehabilitation (CDCR).
Assembly Amendments add CDCR to those to whom the provisions of
this bill do not apply.
ANALYSIS :
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
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.
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 will
apply only to 60% 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 will have to assign 12 of those
positions based on seniority but will be able to assign the
other eight at its discretion.
3. Clarifies that the above provisions do not apply to a peace
officer employed by the CHP nor an employee of CDCR.
CONTINUED
SB 1071
Page
3
Comments
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."
FISCAL EFFECT : Appropriation: No Fiscal Com.: No Local:
No
SUPPORT : (Verified 6/30/14)
California Correctional Supervisor's Organization (co-source)
California Correctional Peace Officers' Association (co-source)
Association of California State Supervisors
ARGUMENTS IN SUPPORT : The California Correctional
Supervisor's Organization, a co-sponsor of this bill, states
that, "this is a reasonable measure that meets the needs of
excluded employees who must perform shift work."
According to a co-sponsor, the 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, 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."
ASSEMBLY FLOOR : 60-17, 6/30/14
AYES: Achadjian, Alejo, Ammiano, Bloom, Bocanegra, Bonilla,
Bonta, Bradford, Brown, Buchanan, Ian Calderon, Campos, Chau,
Ch�vez, Chesbro, Conway, Cooley, Dababneh, Daly, Dickinson,
Eggman, Fong, Fox, Frazier, Garcia, Gatto, Gomez, Gonzalez,
Gordon, Gray, Roger Hern�ndez, Holden, Jones-Sawyer, Levine,
Linder, Lowenthal, Medina, Mullin, Muratsuchi, Nazarian,
Olsen, Pan, Patterson, Perea, John A. P�rez, V. Manuel P�rez,
Quirk, Quirk-Silva, Rendon, Ridley-Thomas, Rodriguez, Salas,
Skinner, Stone, Ting, Waldron, Wieckowski, Williams, Yamada,
CONTINUED
SB 1071
Page
4
Atkins
NOES: Allen, Bigelow, Dahle, Donnelly, Beth Gaines, Gorell,
Grove, Hagman, Hall, Harkey, Jones, Logue, Mansoor, Melendez,
Nestande, Wagner, Wilk
NO VOTE RECORDED: Maienschein, Weber, Vacancy
JL:d 7/1/14 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
**** END ****
CONTINUED