Bill Text: CA AB874 | 2015-2016 | Regular Session | Enrolled
Bill Title: Collective bargaining: Judicial Council.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Vetoed) 2016-09-30 - Vetoed by Governor. [AB874 Detail]
Download: California-2015-AB874-Enrolled.html
BILL NUMBER: AB 874 ENROLLED
BILL TEXT
PASSED THE SENATE AUGUST 18, 2016
PASSED THE ASSEMBLY AUGUST 24, 2016
AMENDED IN SENATE AUGUST 15, 2016
AMENDED IN SENATE JUNE 30, 2016
AMENDED IN SENATE JUNE 13, 2016
AMENDED IN SENATE FEBRUARY 17, 2016
AMENDED IN ASSEMBLY MARCH 26, 2015
INTRODUCED BY Assembly Member Santiago
(Coauthor: Assembly Member Rendon)
FEBRUARY 26, 2015
An act to amend Section 3513 of, and to add Section 3522.5 to, the
Government Code, relating to the Judicial Council.
LEGISLATIVE COUNSEL'S DIGEST
AB 874, Santiago. Collective bargaining: Judicial Council.
Existing law, the Dills Act, governs collective bargaining between
the state and recognized state public employee organizations.
Existing law excludes certain employees from coverage under the Dills
Act, including, among others, managerial employees, supervisory
employees, and confidential employees, as defined. Existing law
creates the Public Employment Relations Board and authorizes it,
among other things, to determine appropriate state employee
bargaining units, as specified. The California Constitution
prescribes the membership of the California Supreme Court and
requires the Legislature to create appellate court districts, all of
which are vested with the judicial power of the state. The California
Constitution prescribes the membership and duties of the Judicial
Council and authorizes the council to appoint an Administrative
Director of the Courts. Existing law creates the Habeas Corpus
Resource Center for the purpose of providing representation to people
who are convicted and sentenced to death in this state and who are
without counsel.
This bill would apply the Dills Act to employees of the Judicial
Council, subject to specified exceptions. The bill would define an
employee for these purposes as any employee of the Judicial Council,
except managerial employees, confidential employees, supervisory
employees, and excluded employees, as specified. The bill would grant
the Judicial Council the sole authority to designate state employee
positions as excluded positions and would prohibit exempted
managerial, supervisory, confidential, and excluded positions from
exceeding 1/3 of the total authorized Judicial Council positions as
stated in the Department of Finance Salaries and Wages Supplement.
The bill would prohibit review of the designation of excluded
positions by the Public Employment Relations Board. The bill would
also except from the definition of employee a judicial officer or
employee of the Supreme Court, the courts of appeal, or the Habeas
Corpus Resource Center. The bill would define the employer, for
purposes of bargaining or meeting and conferring, as the
Administrative Director of the Courts, or his or her designated
representatives, acting with the authorization of the chairperson of
the Judicial Council. The bill would provide that references in the
Dills Act to actions or decisions by the Governor, or his or her
designated representative, shall mean actions or decisions by the
Administrative Director of the Courts. The bill would prohibit the
Public Employment Relations Board from including Judicial Council
employees in a bargaining unit that includes employees other than
those of the Judicial Council.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 3513 of the Government Code is amended to read:
3513. As used in this chapter:
(a) "Employee organization" means any organization that includes
employees of the state and that has as one of its primary purposes
representing these employees in their relations with the state.
(b) "Recognized employee organization" means an employee
organization that has been recognized by the state as the exclusive
representative of the employees in an appropriate unit.
(c) (1) "State employee" means any civil service employee of the
state, and the teaching staff of schools under the jurisdiction of
the State Department of Education or the Superintendent of Public
Instruction, except managerial employees, confidential employees,
supervisory employees, employees of the Department of Human
Resources, professional employees of the Department of Finance
engaged in technical or analytical state budget preparation other
than the auditing staff, professional employees in the
Personnel/Payroll Services Division of the Controller's office
engaged in technical or analytical duties in support of the state's
personnel and payroll systems other than the training staff,
employees of the Legislative Counsel Bureau, employees of the Bureau
of State Audits, employees of the office of the Inspector General,
employees of the board, conciliators employed by the California State
Mediation and Conciliation Service, employees of the Office of the
State Chief Information Officer except as otherwise provided in
Section 11546.5, and intermittent athletic inspectors who are
employees of the State Athletic Commission.
(2) "State employee" also has the meaning provided by Section
3522.5.
(d) "Mediation" means effort by an impartial third party to assist
in reconciling a dispute regarding wages, hours, and other terms and
conditions of employment between representatives of the public
agency and the recognized employee organization or recognized
employee organizations through interpretation, suggestion, and
advice.
(e) "Managerial employee" means any employee having significant
responsibilities for formulating or administering agency or
departmental policies and programs or administering an agency or
department.
(f) "Confidential employee" means any employee who is required to
develop or present management positions with respect to
employer-employee relations or whose duties normally require access
to confidential information contributing significantly to the
development of management positions.
(g) "Supervisory employee" means any individual, regardless of the
job description or title, having authority, in the interest of the
employer, to hire, transfer, suspend, lay off, recall, promote,
discharge, assign, reward, or discipline other employees, or
responsibility to direct them, or to adjust their grievances, or
effectively to recommend this action, if, in connection with the
foregoing, the exercise of this authority is not of a merely routine
or clerical nature, but requires the use of independent judgment.
Employees whose duties are substantially similar to those of their
subordinates shall not be considered to be supervisory employees.
(h) "Board" means the Public Employment Relations Board. The
Educational Employment Relations Board shall be renamed the Public
Employment Relations Board as provided in Section 3540. The powers
and duties of the board described in Section 3541.3 shall also apply,
as appropriate, to this chapter.
(i) "Maintenance of membership" means that all employees who
voluntarily are, or who voluntarily become, members of a recognized
employee organization shall remain members of that employee
organization in good standing for a period as agreed to by the
parties pursuant to a memorandum of understanding, commencing with
the effective date of the memorandum of understanding. A maintenance
of membership provision shall not apply to any employee who within 30
days prior to the expiration of the memorandum of understanding
withdraws from the employee organization by sending a signed
withdrawal letter to the employee organization and a copy to the
Controller's office.
(j) (1) "State employer," or "employer," for the purposes of
bargaining or meeting and conferring in good faith, means the
Governor or his or her designated representatives.
(2) "State employer," or "employer," also has the meaning provided
by Section 3522.5.
(k) "Fair share fee" means the fee deducted by the state employer
from the salary or wages of a state employee in an appropriate unit
who does not become a member of and financially support the
recognized employee organization. The fair share fee shall be used to
defray the costs incurred by the recognized employee organization in
fulfilling its duty to represent the employees in their employment
relations with the state, and shall not exceed the standard
initiation fee, membership dues, and general assessments of the
recognized employee organization.
SEC. 2. Section 3522.5 is added to the Government Code, to read:
3522.5. (a) This chapter shall apply to the Judicial Council and
its employees subject to the provisions of this section.
(b) For the purpose of applying this chapter to the Judicial
Council and its employees:
(1) "State employee" means an employee of the Judicial Council,
except a managerial, supervisory, or confidential employee, or an
excluded employee designated pursuant to subdivision (e). "State
employee" does not include a judicial officer or employee of the
Supreme Court, the courts of appeal, or the Habeas Corpus Resource
Center.
(2) "State employer" or "employer," for purposes of bargaining or
meeting and conferring in good faith, means the Administrative
Director of the Courts, or his or her designated representatives,
acting with the authorization of the chairperson of the Judicial
Council.
(3) References to actions or decisions by the Governor, or his or
her designated representative, shall mean actions or decisions by the
Administrative Director of the Courts, or his or her designated
representative, acting with the authorization of the Chairperson of
the Judicial Council.
(c) Sections 3517.5, 3517.6, 3517.63, and 3517.7 shall not apply
to the Judicial Council and its employees.
(d) The board, as it determines appropriate bargaining units,
shall not include Judicial Council employees in a bargaining unit
that includes employees other than those of Judicial Council.
(e) The Judicial Council has the sole authority and discretion to
designate state employee positions as excluded positions, provided
that managerial, supervisory, confidential, and excluded positions
not included in bargaining units under this provision shall not
exceed one third of the total authorized Judicial Council positions
as stated in the Department of Finance Salaries and Wages Supplement.
Designation of the excluded positions under this section shall not
be subject to review by the board.
