BTB Annual Legislative Round-up (4 of 4)
December 27, 2017 by Peter McEntee, Sarah Kanter and Christopher Hammer
Public Sector Right to Organize / Union Representation
SB 285 – Prohibition on Dissuading Public Employee to Join a Union
This bill prohibits a public employer from deterring or discouraging public employees from becoming or remaining members of an employee organization. “Public employer” includes counties, cities, districts, the state, schools, transit districts, the University of California, and the California State University, among others. The bill also grants the Public Employment Relations Board (“PERB”) jurisdiction over violations of its provisions.
AB 119 – Union Access to New Public Employee Orientation and Contact Information
Requires public employers regulated by PERB to provide the exclusive representative of those employees mandatory access to its new employee orientations. The employer is required to provide the exclusive representatives with not less than 10 days’ notice in advance of an orientation. Employers are also required to provide the exclusive representative with the name, job title, department, work location, work, home, and personal cellular telephone numbers, personal email addresses, and home address of newly hired employees within 30 days of hire or by the first pay period of the month following hire, and to provide that information for all employees in the bargaining unit at least every 120 days.
SB 201 – UC & CSU Student-Employees Right to Unionize
This bill makes changes to the Higher Education Employer-Employee Relations Act (HEERA) to allow student employees, whose employment is contingent upon their status as students, to be considered as “employees” and “higher education employees” for purposes of the act. The act grants these employees the right to form, join, and participate in the activities of employee organizations of their own choosing for the purpose of representation on all matters of employer-employee relations and for the purpose of meeting and conferring with their employer. However, the bill specifies that for purposes of the University of California only, the requirements for students to achieve satisfactory progress toward their degrees are also outside of the scope of representation and thus not a subject of bargaining.
SB 550 – Public School Union’s Right to Recover Attorney’s Fees and Expenses
This bill allows an employee organization that represents public school employees to make an offer to settle a dispute over the employer’s failure to provide wages, benefits, or working conditions as required by state law. If the employer does not accept the offer and fails to obtain a more favorable judgment or award, the employer must pay the employee organization’s attorneys’ fees and expenses incurred after the offer was made to settle the dispute.
AB 83 − Enactment of the Judicial Council Employer-Employee Relations Act
This law establishes the Judicial Council Employer-Employee Relations Act (JCEERA), a statutory framework that governs the employer-employee relationship between the Judicial Council and certain employees of the Judicial Council. This act grants collective bargaining rights to Judicial Council employees including the right to form, join, and participate in the activities of employee organizations of their own choosing for the purpose of representation on all matters of employer-employee relations. The rights and obligations of the parties subject to the JCEERA are similar to those in other public employee relations statutes under the jurisdiction of the Public Employment Relations Board.
Public Employee Retirement System & STRS
AB 1875 – STRS Special Needs Trust
Permits teachers and other individuals participating in the State Teachers Retirement System (STRS) to designate a specific kind of trust for disabled individuals (called a “special needs trust”) for single beneficiaries for the STRS defined benefit and cash balance benefit programs.
SB 24 – PEPRA Joint Powers Authority
The California Public Employees’ Pension Reform Act of 2013 (PEPRA) establishes new retirement formulas that may not be exceeded by a public employer offering a defined benefit pension plan for employees first hired on or after January 1, 2013. SB 24 creates a joint powers authority consisting of the Belmont Fire Protection District, the Estero Municipal Improvement District, and the City of San Mateo. On or after January 1, 2013, those employers can provide employees who are not new members under PEPRA with a defined benefit plan or formula equal to the amount offered on December 31, 2012.
AB 226 − Expedited Teacher Credentialing Application Process
Currently, the California Commission on Teacher Credentialing generally processes teacher credential applications within fifty business days of receipt. This new law provides for an expedited teacher credential application process for spouses of active duty members of the Armed Forces.
AB 1918 – Issuance of Temporary Teaching Certificate
Allows for the issuance of temporary certificates to certified teachers, including those from another state, while their credentials are being processed by the Commission on Teacher Credentialing.
AB 848 – U.S. Based Workers in UC and CSU Contracts.
Prohibits the University of California and the California State University from contracting for services with a contractor or subcontractor unless that contractor or subcontractor certifies that the contract will be performed solely by workers within the United States, or describes in the bid any parts of the work that will be performed by workers outside of the United States.
AB 670 – Classified Part-time Playground Position
Existing law exempts a person employed by a school district in a part-time playground position from the classified service, where the person is not otherwise employed in a classified position. This bill removes the provision exempting a person employed in a part-time playground position from the classified service, where the person is not otherwise employed in a classified position, thereby making that person a part of the classified service.
The material on this website is provided by Beeson, Tayer & Bodine for informational purposes only and does not constitute legal advice. Readers should consult with their own legal counsel before acting on any of the information presented. Some of the articles are updated periodically, and are marked with the date of the last update. Again, readers should consult with their own legal counsel for the most current information and to obtain professional advice before acting on any of the information presented.