Bill Text: CA AB3096 | 2019-2020 | Regular Session | Amended

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Bill Title: Deterring union membership: University of California: violations.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Engrossed - Dead) 2020-07-01 - Referred to Com. on L., P.E. & R. [AB3096 Detail]

Download: California-2019-AB3096-Amended.html

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Amended  IN  Assembly  March 10, 2020

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill

No. 3096

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Introduced by Assembly Member Chiu

February 21, 2020

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An act to amend Section 79 of the Labor Code, relating to employment. add Section 3551.5 to the Government Code, relating to public employment.

LEGISLATIVE COUNSEL'S DIGEST

AB 3096, as amended, Chiu. Division of Labor Standards Enforcement. Deterring union membership: University of California: violations.

Existing law prohibits a public employer from deterring or discouraging public employees or applicants to be public employees from becoming or remaining members of an employee organization, authorizing representation by an employee organization, or authorizing dues or fee deductions to an employee organization. Existing law generally vests jurisdiction over violations of these provisions in the Public Employment Relations Board.

This bill would authorize an employee organization to bring a claim before the Public Employment Relations Board alleging that the University of California violated the above-described provisions. Upon a finding by the board that the University of California violated those provisions, the university would be liable to the employee organization for a penalty of $1,000 for each affected employee and for all attorney’s fees and costs incurred in bringing the claim.

Existing law creates the Division of Labor Standards Enforcement within the Department of Industrial Relations. Existing law provides that an executive officer, known as the Chief of the Division of Labor Standards Enforcement, shall be appointed by the Governor, and serve at the pleasure of the Director of Industrial Relations, as specified.

This bill would make a nonsubstantive change to those provisions.

Digest Key

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NOYES   Local Program: NO  

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Bill Text

The people of the State of California do enact as follows:

SECTION 1.

 Section 3551.5 is added to the Government Code, to read:

3551.5.

 An employee organization may bring a claim before the Public Employment Relations Board alleging that the University of California violated Section 3550. Upon a finding by the board that the University of California violated Section 3550, the university shall be liable to the employee organization for a penalty of one thousand dollars ($1,000) per each affected employee and for attorney’s fees and costs incurred in bringing the claim.

SECTION 1.Section 79 of the Labor Code is amended to read:

79.

There is in the Department of Industrial Relations the Division of Labor Standards Enforcement. The division shall be under the direction of an executive officer known as the Chief, Division of Labor Standards Enforcement, who shall be appointed by the Governor, subject to confirmation of the Senate, and shall hold office at the pleasure of the Director of Industrial Relations. The annual salary of the chief shall be determined by the Department of Finance.