Bill Text: CA AB1484 | 2023-2024 | Regular Session | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Temporary public employees.
Spectrum: Partisan Bill (Democrat 4-0)
Status: (Passed) 2023-10-10 - Chaptered by Secretary of State - Chapter 691, Statutes of 2023. [AB1484 Detail]
Download: California-2023-AB1484-Introduced.html
Bill Title: Temporary public employees.
Spectrum: Partisan Bill (Democrat 4-0)
Status: (Passed) 2023-10-10 - Chaptered by Secretary of State - Chapter 691, Statutes of 2023. [AB1484 Detail]
Download: California-2023-AB1484-Introduced.html
CALIFORNIA LEGISLATURE—
2023–2024 REGULAR SESSION
Assembly Bill
No. 1484
| Introduced by Assembly Member Zbur |
February 17, 2023 |
An act to add Section 3507.7 to the Government Code, relating to public employment.
LEGISLATIVE COUNSEL'S DIGEST
AB 1484, as introduced, Zbur.
Temporary public employees.
(1) Existing law, the Meyers-Milias-Brown Act (act), authorizes local public employees, as defined, to form, join, and participate in the activities of employee organizations of their own choosing for the purpose of representation on matters of labor relations. Existing law generally requires that the scope of representation under the act include all matters relating to employment conditions and employer-employee relations, while excepting the consideration of the merits, necessity, or organization of any service or activity provided by law or executive order. Existing law states that the Legislature finds and declares that the duties and responsibilities of local agency employer representatives under the act are substantially similar to the duties and responsibilities required under existing collective bargaining enforcement procedures and therefore the costs
incurred by the local agency employer representatives in performing those duties and responsibilities under that act are not reimbursable as state-mandated costs.
This bill would impose specified requirements with respect to the temporary employees, as defined, of a public employer who have been hired to perform the same or similar type of work that is performed by permanent employees represented by a recognized employee organization. In this regard the bill would require those temporary employees to be automatically included in the same bargaining unit as the permanent employees, as specified, upon the request of the recognized employee organization. The bill would also require a public employer to, upon hire, provide each temporary employee with their job description, wage rates, and eligibility for benefits, anticipated length of employment, and procedures to apply for open, permanent positions. By imposing new duties on local agencies that employ temporary
employees, the bill would impose a state-mandated local program. The bill would additionally include the same findings and declarations as set forth above.
(2) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement shall be made pursuant to these statutory provisions for costs mandated by the state pursuant to this act, but would recognize that a local agency or school district may pursue any available remedies to seek reimbursement for these costs.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YESBill Text
The people of the State of California do enact as follows:
SECTION 1.
The Legislature finds and declares all of the following:(a) Local governments have increasingly hired temporary employees to provide public services.
(b) Temporary employees are disproportionately women and people of color, and the lesser rights of temporary employees exacerbate race and gender inequity in public employment.
(c) There is a statewide interest in ensuring that temporary employees are protected by state laws providing for fair labor relations and that the increasing use of temporary employees does not undermine public employee labor relations.
(d) Section 2 of this act is intended to apply to all public employers covered by the Meyers-Milias-Brown Act (Chapter 10 (commencing with Section 3500) of Division 4 of Title 1 of the Government Code).
SEC. 2.
Section 3507.7 is added to the Government Code, to read:3507.7.
(a) For purposes of this section, “temporary employee” means a temporary employee, casual employee, seasonal employee, periodic employee, extra-help employee, relief employee, limited-term employee, per diem employee, and any other public employee who has not been hired for a permanent position.(b) Notwithstanding any other law, the following requirements apply with respect to temporary employees of a public employer who have been hired to perform the same or similar type of work that is performed by permanent employees represented by a recognized employee organization:
(1) Upon the request of the recognized employee organization to the public employer, the following apply:
(A) Temporary employees shall be automatically included in the same bargaining unit as the permanent employees if temporary employees are not presently within the unit definition.
(B) The terms and conditions of employment of permanent and temporary employees in the same bargaining unit shall be addressed in a single memorandum of understanding. This subparagraph shall apply upon the expiration of the existing memoranda of understanding that covers the permanent and temporary employees, unless the recognized employee organization and public employer agree to an earlier date.
(2) The public employer shall provide, upon hire, each temporary employee with their job description, wage rates, and eligibility for benefits, anticipated length of employment, and procedures to apply for open, permanent positions. The same
information shall be provided to the recognized employee organization, along with the employee information required under Section 3558 for the temporary employee, within five business days of hiring the temporary employee.
(3) The public employer shall include, when providing the employee organization with the employee information required by Section 3558, the anticipated end date of employment for each temporary employee or actual end date if the temporary employee has been released from service since the last list was provided.
(4) (A) Whether a temporary employee who subsequently obtains permanent employment receives service credit and seniority for their time spent in temporary employment shall be a matter within the scope of representation in bargaining units that include permanent employees.
(B) Whether a temporary employee receives a hiring preference over external candidates for permanent positions shall be a matter within the scope of representation in bargaining units that include temporary employees.
(C) This paragraph shall apply to the extent that the memorandum of understanding may lawfully address these subjects. This paragraph shall be effective with respect to any memorandum of understanding covering permanent employees entered into after the effective date of this section.
(5) Unless a memorandum of understanding that covers both temporary and permanent employees expressly refers to this paragraph and waives its requirements, temporary employees in that bargaining unit who have been employed for more than 30 calendar days shall be entitled to use any grievance procedure in the memorandum of understanding to challenge any discipline without
cause. This paragraph shall be effective only with respect to a memorandum of understanding entered into after the effective date of this section. This paragraph does not require public employers to retain temporary employees whose services are no longer needed, to require pretermination hearings before the dismissal of temporary employees, or to prevent a public employer from replacing temporary employees with employees hired for permanent positions.
(c) The Legislature finds and declares that the duties and responsibilities of local agency employer representatives under this section are substantially similar to the duties and responsibilities required under existing collective bargaining enforcement procedures and therefore, the costs incurred by the local agency employer representatives in performing those duties and responsibilities under this section are not reimbursable as state-mandated costs.
