Existing law, known as the Higher Education Employer-Employee Relations Act, contains provisions relating to employer-employee relations between the state and the employees of state institutions of higher education, including the University of California and the California State University, as well as the Hastings College of the Law. These provisions assign major responsibilities for implementation to the Public Employment Relations Board. The Higher Education Employer-Employee Relations Act provides specified rights, provisions, and definitions for supervisory employees, as defined, of the University of California and the Hastings College of the Law, and excludes those employees from the general provisions of the act.

This bill would provide that the general provisions of the act apply, instead of the specified rights, provisions, and definitions for supervisory employees, to supervisory employees who are employed as sworn peace officers by the University of California or the Hastings College of the Law, except as specified. The bill would prohibit supervisory employees who are employed as sworn peace officers by the University of California or the Hastings College of the Law from being placed in the same collective bargaining unit as nonsupervisory employees.

Existing law, known as the Higher Education Employer-Employee Relations Act, contains provisions relating to employer-employee relations between the state and the employees of state institutions of higher education, including the University of California and the California State University, as well as the Hastings College of the Law. These provisions assign major responsibilities for implementation to the Public Employment Relations Board. The Higher Education Employer-Employee Relations Act provides specified rights, provisions, and definitions for supervisory employees, as defined, of the University of California and the Hastings College of the Law, and excludes those employees from the general provisions of the act.

Existing law, known as the Higher Education Employer-Employee Relations Act, contains provisions relating to employer-employee relations between the state and the employees of state institutions of higher education, including the University of California and the California State University, as well as the Hastings College of the Law. These provisions assign major responsibilities for implementation to the Public Employment Relations Board.

Under the act, an employee or higher education employee is defined as any employee of the Regents of the University of California, the Directors of the Hastings College of the Law, or the Trustees of the California State University. The act authorizes the board to find that student employees whose employment is contingent on their status as students are employees covered by the act only if the services they provide are unrelated to their educational objectives, or that those educational objectives are subordinate to the services they perform and that coverage under this act would further the purposes of the act.

This bill would provide that the definition of employee or higher education employee also includes a supervisory employee employed as a sworn peace officer by the University of California or the Hastings College of Law. The bill would also make nonsubstantive changes to a definition in the act.

 VETO  

Bill No: SB 686

Author: Pan (D)

Amended: 4/6/15

Vote: 21

SENATE PUBLIC EMP. & RET. COMMITTEE: 4-1, 4/13/15

AYES: Pan, Beall, Fuller, Hall

NOES: Morrell

SENATE APPROPRIATIONS COMMITTEE: 5-2, 5/28/15

AYES: Lara, Beall, Hill, Leyva, Mendoza

NOES: Bates, Nielsen

SENATE FLOOR: 23-13, 6/1/15

AYES: Beall, Block, Cannella, De León, Galgiani, Hall, Hancock, Hernandez, Hertzberg, Hill, Jackson, Lara, Leno, Leyva, Liu, McGuire, Mendoza, Monning, Pan, Pavley, Roth, Wieckowski, Wolk

NOES: Anderson, Bates, Berryhill, Fuller, Gaines, Huff, Moorlach, Morrell, Nguyen, Nielsen, Runner, Stone, Vidak

NO VOTE RECORDED: Allen, Glazer, Hueso, Mitchell

ASSEMBLY FLOOR: 54-24, 9/2/15 - See last page for vote

SUBJECT: Public postsecondary education: Higher Education Employer-Employee Relations Act

SOURCE: California Teamsters Public Affairs Council

DIGEST: This bill provides full collective bargaining rights pursuant to the Higher Education Employer-Employee Relations Act (HEERA) to supervisory employees employed as sworn peace officers by the University of California (UC) or the Hastings College of the Law (Hastings).

ANALYSIS:

Existing law:

1. Establishes HEERA which provides a statutory framework to regulate labor relations between the UC, the California State University (CSU), and Hastings and their respective employees.

2. Authorizes recognized employee organizations to represent employees covered under HEERA in collective bargaining with their employers over matters within the scope of representation, as defined, including grievances, labor disputes, wages, hours, and other terms and conditions of employment.

3. Limits, for supervisory employees, collective bargaining rights provided under HEERA.

4. Defines “supervisory employee” for purposes of HEERA as any individual 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 such action if exercising such authority requires the use of independent judgment rather than is of a routine or clerical nature.

5. Provides that academic or faculty employees, department chairs or heads of similar academic units or programs, or other employees who perform similar duties primarily in the interest of or on behalf of members of the academic department, unit, or program shall not be deemed a supervisory employee solely because of such duties. However, HEERA also creates a rebuttable presumption for UC and Hastings employees wherein such employees appointed by the employer to an indefinite term shall be deemed to be supervisory employees.

6. States that employees whose duties are substantially similar to those of their subordinates shall not be considered to be supervisory employees.

7. Prohibits supervisory employees from participating on behalf of nonsupervisory employees in the handling of grievances, in meet and confer sessions, or in voting on questions of ratification or rejection of memoranda of understanding governing nonsupervisory employees.

This bill:

1. Makes HEERA provisions that limit the collective bargaining rights of supervisory employees inapplicable to supervisory sworn peace officers employed by UC and Hastings so that such employees will receive full collective bargaining rights pursuant to HEERA.

2. Provides that HEERA provisions shall still apply which prohibit supervisory employees from participating on behalf of nonsupervisory employees in the handling of grievances, in meet and confer sessions, or in voting on questions of ratification or rejection of memoranda of understanding governing nonsupervisory employees.

3. Prohibits supervisory sworn peace officers employed by UC and Hastings from being placed in the same collective bargaining unit as nonsupervisory employees.

Background

The Public Employment Relations Board (PERB) concluded in previous decisions that sworn peace officer supervisory employees employed by CSU whose duties are substantially similar to those of their subordinates are eligible for full collective bargaining rights under HEERA but that similar sworn peace officer supervisory employees employed by UC and Hastings do not have duties that are substantially similar to those of their subordinates and thus have limited collective bargaining rights under HEERA. This bill gives clear statutory authority to provide full collective bargaining rights to these UC and Hastings employees.

Prior/Related Legislation

SB 765 (Block, 2013) would have permitted a school district (including a community college district) supervisory peace officer to join or participate in an employee organization and negotiating unit composed of exclusively supervisory peace officers or both supervisory and non-supervisory peace officers. Governor Brown vetoed the bill because “allowing school police officer supervisors to join rank and file bargaining units creates opportunity for conflict of interest between supervisors and employees.”

FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: No

According to the Senate Appropriations Committee:

• Approximate costs of $493,894 to UC for collective bargaining (General Fund)

• Minor increased administrative costs to PERB (General Fund)

If collective bargaining negotiations result in salary increases to supervisory sworn peace officers at the UC, those additional expenses would be approximately $81,650, $213,000 and $497,000 annually for increases of 1.15%, 3%, and 7% respectively.

The UC estimates initial costs associated with collective bargaining to be $493,894 resulting from holding bargaining sessions, planning, researching, drafting language, responding to union formation requests, and travel expenses associated with negotiators/assistant negotiators, faculty representatives and campus labor relations representatives. Each of the University’s 10 campuses has a police department that employs fully sworn law enforcement officers with full arrest powers and primary jurisdiction for law enforcement on their campus.

While Hastings indicates that its security function is staffed by peace officers represented by the Hastings Public Safety Officers Association, they are not “sworn” peace officers and may not be affected by SB 686. If, however, this collective bargaining right were to be extended to the two positions supervising nine full-time public safety officers, Hastings indicates collective bargaining costs of approximately $100,000. Potential salary increases that may result from a negotiated contract would result in increased salaries and related costs of between $1,928 and $14,858 annually.

SUPPORT: (Verified 10/21/15)

California Teamsters Public Affairs Council (source)

California Federation of Teachers

OPPOSITION: (Verified 10/21/15)

None received

ARGUMENTS IN SUPPORT: According to this bill’s sponsor, California Teamsters Public Affairs Council, “the treatment of police sergeants under HEERA is quite conflicted. The sergeants who work for CSU are not designated as supervisors even though they perform identical duties to UC police sergeants. Under an old PERB decision, UC police officers are so designated. While we don’t seek to change the treatment of the sergeants at CSU, we do think, as a matter of basic equity, UC police sergeants should have the same rights as their brethren who do the same work at CSU.”

The California Federation of Teachers states that “SB 686 remedies this inequity, providing safeguards for ensuring no conflict of interest between line officers and the ‘supervisory employees’ covered by the measure.”

GOVERNOR'S VETO MESSAGE:

I am returning Senate Bill 686 without my signature.

This bill provides full collective bargaining rights under the Higher Education Employer-Employee Relations Act to University of California and Hastings College of the Law supervisory peace officers.

I vetoed a similar bill, SB 765, in 2013, out of a concern that it blurred the line between labor and management. Nothing has changed.

ASSEMBLY FLOOR: 54-24, 9/2/15

AYES: Achadjian, Alejo, Bloom, Bonilla, Bonta, Brown, Burke, Calderon, Campos, Chau, Chávez, Chiu, Chu, Cooley, Cooper, Dababneh, Daly, Dodd, Eggman, Frazier, Cristina Garcia, Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez, Gray, Roger Hernández, Holden, Irwin, Jones-Sawyer, Levine, Linder, Lopez, Low, McCarty, Medina, Mullin, Nazarian, O'Donnell, Perea, Quirk, Rendon, Ridley-Thomas, Rodriguez, Salas, Santiago, Mark Stone, Thurmond, Ting, Weber, Williams, Wood, Atkins

NOES: Travis Allen, Baker, Bigelow, Brough, Chang, Dahle, Beth Gaines, Gallagher, Grove, Hadley, Harper, Jones, Kim, Lackey, Maienschein, Mathis, Melendez, Obernolte, Olsen, Patterson, Steinorth, Wagner, Waldron, Wilk

NO VOTE RECORDED: Gordon, Mayes

Prepared by: Glenn Miles / P.E. & R. / (916) 651-1519

11/4/15 13:34:09

**** END ****

SENATE THIRD READING

STR Bill Id:SB 686

Author:(Pan)

As Amended Ver:April 6, 2015

Majority vote

SENATE VOTE: 23-13

SUMMARY: Provides full collective bargaining rights pursuant to the Higher Education Employer-Employee Relations Act (HEERA) to supervisory employees employed as sworn peace officers by the University of California (UC) or the Hastings College of the Law (Hastings). Specifically, this bill:

1. Makes HEERA provisions that limit the collective bargaining rights of supervisory employees inapplicable to supervisory sworn peace officers employed by UC and Hastings so that such employees would receive full collective bargaining rights pursuant to HEERA.

2. Provides that HEERA provisions to prohibit supervisory employees from participating on behalf of nonsupervisory employees in the handling of grievances, in meet and confer sessions, or in voting on questions of ratification or rejection of memoranda of understanding governing nonsupervisory employees shall still apply.

3. Prohibits supervisory sworn peace officers employed by UC and Hastings from being placed in the same collective bargaining unit as nonsupervisory employees.

EXISTING LAW:

1. Establishes HEERA which provides a statutory framework to regulate labor relations between the UC, the California State University (CSU), and Hastings and their respective employees (Government Code (GOV) Section 3560).

2. Authorizes recognized employee organizations to represent employees covered under HEERA in collective bargaining with their employers over matters within the scope of representation, as defined, including grievances, labor disputes, wages, hours, and other terms and conditions of employment (GOV Section 3562).

3. Defines "supervisory employee" for purposes of HEERA, as any individual 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 such action if exercising such authority requires the use of independent judgment rather than is of a routine or clerical nature; and, provides that academic or faculty employees, department chairs or heads of similar academic units or programs, or other employees who perform similar duties primarily in the interest of or on behalf of members of the academic department, unit, or program shall not be deemed a supervisory employee solely because of such duties. To note, HEERA also creates a rebuttable presumption for UC and Hastings employees wherein such employees appointed by the employer to an indefinite term shall be deemed to be supervisory employees; and, specifies that employees whose duties are substantially similar to those of their subordinates shall not be considered to be supervisory employees (GOV Section 3580.3).

4. Prohibits supervisory employees from participating on behalf of nonsupervisory employees in the handling of grievances, in meet and confer sessions, or in voting on questions of ratification or rejection of memoranda of understanding governing nonsupervisory employees (GOV Section 3580.5).

FISCAL EFFECT: According to the Assembly Appropriations Committee:

1. The UC estimates initial costs of about $500,000 (General Fund) associated with collective bargaining, to include holding bargaining sessions, planning, researching, drafting language, responding to union formation requests, and travel expenses associated with negotiators/assistant negotiators, faculty representatives and campus labor relations representatives. Each of the UC’s 10 campuses has a police department that employs fully sworn law enforcement officers with full arrest powers and primary jurisdiction for law enforcement on their campus.

There are approximately 60-70 employees throughout UC, with the classification of Sergeant, who could be affected by the provisions in this bill. The systemwide salaries for these individuals are currently $7.1 million. To the extent collective bargaining negotiations result in larger salary increases for these employees, the additional costs would be $71,000 for each additional percentage increase.

2. Hastings indicates its security function is staffed by peace officers represented by the Hastings Public Safety Officers Association, but they are not "sworn" peace officers and thus may not be affected by this bill. If this collective bargaining right were to be extended to the two positions supervising nine full-time public safety officers, collective bargaining costs would be around $100,000. The cost impact of higher salaries resulting from collective bargaining would be minor.

COMMENTS: Public Employment Relations Board (PERB) and HEERA. California's PERB acts as an appellate body to hear challenges to proposed decisions that are issued by PERB staff. Additionally, PERB has the overall responsibility for administering the Educational Employment Relations Act (EERA), Ralph C. Dills Act, HEERA, Meyers-Milias-Brown Act, Transit Employer-Employee Relations Act, In-Home Supportive Services Employer-Employee Relations Act, Trial Court Act, and Court Interpreter Act. To note, decisions of the Board itself may be appealed under certain circumstances, and then only to the state appellate courts.

Under HEERA, UC and CSU police sergeants currently do not possesses the same rights as each other, though they perform identical duties. The CSU sergeants are not designated as supervisors; and, per a former PERB decision, police sergeants who are employed by the UC Police Department are classified as "supervisory employees" and are granted only limited collective bargaining rights.

Need for the measure. Collect bargaining rights allow employers and employees to collectively negotiate the terms and conditions of employment; including, but not limited to benefits, weekly hours, leave benefits, and health and safety policies. According to the author, "UC police officers heavily contribute to the safety of UC campuses. They protect our UC students and deserve the right to have their voices fairly and honestly considered when discussing the terms and conditions of their employment."

The author contends that by allowing UC police sergeants who are supervisory employees, the ability to adequately represent themselves and negotiate the term of their employment, will allow them to have a right that is already afforded to their counterparts within the CSU system.

Supervisory employees are granted collective bargaining rights under both the HEERA and Meyers-Milias-Brown Act. This measure provides that the supervisory UC or Hastings police sergeants would be required to be in separate bargaining units in order to ensure that there are no conflicts of interest.

Analysis Prepared by: Jeanice Warden / HIGHER ED. / (916) 319-3960 FN: 0001651

Date of Hearing: July 15, 2015

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Jimmy Gomez, Chair

SBPCA Bill Id:SB 686

Author:(Pan) – As Amended Ver:April 6, 2015

Urgency: No State Mandated Local Program: No Reimbursable: No

SUMMARY:

This bill provides full collective bargaining rights, pursuant to the Higher Education Employer-Employee Relations Act (HEERA), to supervisory sworn peace officers of the University of California (UC) or the Hastings College of the Law (Hastings). Specifically, this bill:

1. Makes HEERA provisions that limit the collective bargaining rights of supervisory employees inapplicable to the supervisory sworn peace officers, such that they would receive full collective bargaining rights pursuant to HEERA.

2. Provides that HEERA provisions to prohibit supervisory employees from participating on behalf of nonsupervisory employees in the handling of grievances, in meet and confer sessions, or in voting on questions of ratification or rejection of memoranda of understanding governing nonsupervisory employees shall still apply.

3. Prohibits these supervisory sworn peace officers from being placed in the same collective bargaining unit as nonsupervisory employees.

FISCAL EFFECT:

1. UC estimates initial costs of about $500,000 (General Fund) associated with collective bargaining, to include holding bargaining sessions, planning, researching, drafting language, responding to union formation requests, and travel expenses associated with negotiators/assistant negotiators, faculty representatives and campus labor relations representatives. Each of the UC’s 10 campuses has a police department that employs fully sworn law enforcement officers with full arrest powers and primary jurisdiction for law enforcement on their campus.

There are approximately 60-70 employees throughout UC, with the classification of Sergeant, who could be affected by the provisions in this bill. The systemwide salaries for these individuals are currently $7.1 million. To the extent collective bargaining negotiations result in larger salary increases for these employees, the additional costs would be $71,000 for each additional percentage increase.

2. Hastings indicates its security function is staffed by peace officers represented by the Hastings Public Safety Officers Association, but they are not “sworn” peace officers and thus may not be affected by SB 686. If this collective bargaining right were to be extended to the two positions supervising nine full-time public safety officers, collective bargaining costs would be around $100,000. The cost impact of higher salaries resulting from collective bargaining would be minor.

COMMENTS:

Background and Purpose. Under HEERA, UC and California State University (CSU) police sergeants do not possesses the same collective bargaining rights, though they perform the same duties. CSU sergeants are not designated as supervisors, and, per a former Public Employees Relations Board (PERB) decision, police sergeants who are employed by the UC Police Department are classified as "supervisory employees" and are granted only limited collective bargaining rights.

According to the author, "UC police officers heavily contribute to the safety of UC campuses. They protect our UC students and deserve the right to have their voices fairly and honestly considered when discussing the terms and conditions of their employment." The author contends that allowing UC police sergeants who are supervisory employees the ability to adequately represent themselves and negotiate the term of their employment provide a right already afforded to their CSU counterparts.

There is no opposition to this bill.

Analysis Prepared by: Chuck Nicol / APPR. / (916) 319-2081

Date of Hearing: July 7, 2015

ASSEMBLY COMMITTEE ON HIGHER EDUCATION

Jose Medina, Chair

SBPCA Bill Id:SB 686

Author:(Pan) – As Amended Ver:April 6, 2015

SENATE VOTE: 23-13

SUBJECT: Public postsecondary education: Higher Education Employer-Employee Relations Act

SUMMARY: Provides full collective bargaining rights pursuant to the Higher Education Employer-Employee Relations Act (HEERA) to supervisory employees employed as sworn peace officers by the University of California (UC) or the Hastings College of the Law (Hastings). Specifically, this bill:

1. Makes HEERA provisions that limit the collective bargaining rights of supervisory employees inapplicable to supervisory sworn peace officers employed by UC and Hastings so that such employees would receive full collective bargaining rights pursuant to HEERA.

2. Provides that HEERA provisions to prohibit supervisory employees from participating on behalf of nonsupervisory employees in the handling of grievances, in meet and confer sessions, or in voting on questions of ratification or rejection of memoranda of understanding governing nonsupervisory employees shall still apply.

3. Prohibits supervisory sworn peace officers employed by UC and Hastings from being placed in the same collective bargaining unit as nonsupervisory employees.

EXISTING LAW:

1. Establishes HEERA which provides a statutory framework to regulate labor relations between the UC, the California State University (CSU), and Hastings and their respective employees (Government Code Section 3560).

2. Authorizes recognized employee organizations to represent employees covered under HEERA in collective bargaining with their employers over matters within the scope of representation, as defined, including grievances, labor disputes, wages, hours, and other terms and conditions of employment (GOV Section 3562).

3. Defines “supervisory employee” for purposes of HEERA, as any individual 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 such action if exercising such authority requires the use of independent judgment rather than is of a routine or clerical nature; and, provides that academic or faculty employees, department chairs or heads of similar academic units or programs, or other employees who perform similar duties primarily in the interest of or on behalf of members of the academic department, unit, or program shall not be deemed a supervisory employee solely because of such duties. To note, HEERA also creates a rebuttable presumption for UC and Hastings employees wherein such employees appointed by the employer to an indefinite term shall be deemed to be supervisory employees; and, specifies that employees whose duties are substantially similar to those of their subordinates shall not be considered to be supervisory employees (GOV Section 3580.3).

4. Prohibits supervisory employees from participating on behalf of nonsupervisory employees in the handling of grievances, in meet and confer sessions, or in voting on questions of ratification or rejection of memoranda of understanding governing nonsupervisory employees (GOV Section 3580.5).

FISCAL EFFECT: According to the Senate Appropriations Committee, approximate costs of $493,894 from the General Fund (GF) to UC for collective bargaining; and, minor increased administrative costs from the GF to the Public Employment Relations Board (PERB).

COMMENTS: Public Employment Relations Board (PERB) and HEERA. California's PERB acts as an appellate body to hear challenges to proposed decisions that are issued by PERB staff. Additionally, PERB has the overall responsibility for administering the Educational Employment Relations Act (EERA), Ralph C. Dills Act, HEERA, Meyers-Milias-Brown Act, Transit Employer-Employee Relations Act, In-Home Supportive Services Employer-Employee Relations Act, Trial Court Act, and Court Interpreter Act. To note, decisions of the Board itself may be appealed under certain circumstances, and then only to the state appellate courts.

Under HEERA, UC and CSU police sergeants currently do not possesses the same rights as each other, though they perform identical duties. The CSU sergeants are not designated as supervisors; and, per a former PERB decision, police sergeants who are employed by the UC Police Department are classified as "supervisory employees" and are granted only limited collective bargaining rights.

According to information provided by the author, there are approximately 80 police sergeants who are classified as supervisory employees of the UC.

Need for the measure. Collect bargaining rights allow employers and employees to collectively negotiate the terms and conditions of employment; including, but not limited to benefits, weekly hours, leave benefits, and health and safety policies. According to the author, "UC police officers heavily contribute to the safety of UC campuses. They protect our UC students and deserve the right to have their voices fairly and honestly considered when discussing the terms and conditions of their employment."

The author contends that by allowing UC police sergeants who are supervisory employees, the ability to adequately represent themselves and negotiate the term of their employment, will allow them to have a right that is already afforded to their counterparts within the CSU system.

Supervisory employees are granted collective bargaining rights under both the EERA and Meyers-Milias-Brown Act. This measure provides that the supervisory UC or Hastings police sergeants would be required to be in separate bargaining units in order to ensure that there are no conflicts of interest.

REGISTERED SUPPORT / OPPOSITION:

Support

California Federation of Teachers

California Teamsters Public Affairs Council (sponsor)

Opposition

None on file.

Analysis Prepared by: Jeanice Warden / HIGHER ED. / (916) 319-3960

 THIRD READING  

Bill No: SB 686

Author: Pan (D)

Amended: 4/6/15

Vote: 21

SENATE PUBLIC EMP. & RET. COMMITTEE: 4-1, 4/13/15

AYES: Pan, Beall, Fuller, Hall

NOES: Morrell

SENATE APPROPRIATIONS COMMITTEE: 5-2, 5/28/15

AYES: Lara, Beall, Hill, Leyva, Mendoza

NOES: Bates, Nielsen

SUBJECT: Public postsecondary education: Higher Education Employer-Employee Relations Act

SOURCE: California Teamsters Public Affairs Council

DIGEST: This bill provides full collective bargaining rights pursuant to the Higher Education Employer-Employee Relations Act (HEERA) to supervisory employees employed as sworn peace officers by the University of California (UC) or the Hastings College of the Law (Hastings).

ANALYSIS:

Existing law:

1. Establishes HEERA which provides a statutory framework to regulate labor relations between the UC, the California State University (CSU), and Hastings and their respective employees.

2. Authorizes recognized employee organizations to represent employees covered under HEERA in collective bargaining with their employers over matters within the scope of representation, as defined, including grievances, labor disputes, wages, hours, and other terms and conditions of employment.

3. Limits, for supervisory employees, collective bargaining rights provided under HEERA.

4. Defines “supervisory employee” for purposes of HEERA as any individual 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 such action if exercising such authority requires the use of independent judgment rather than is of a routine or clerical nature.

5. Provides that academic or faculty employees, department chairs or heads of similar academic units or programs, or other employees who perform similar duties primarily in the interest of or on behalf of members of the academic department, unit, or program shall not be deemed a supervisory employee solely because of such duties. However, HEERA also creates a rebuttable presumption for UC and Hastings employees wherein such employees appointed by the employer to an indefinite term shall be deemed to be supervisory employees.

6. States that employees whose duties are substantially similar to those of their subordinates shall not be considered to be supervisory employees.

7. Prohibits supervisory employees from participating on behalf of nonsupervisory employees in the handling of grievances, in meet and confer sessions, or in voting on questions of ratification or rejection of memoranda of understanding governing nonsupervisory employees.

This bill:

1. Makes HEERA provisions that limit the collective bargaining rights of supervisory employees inapplicable to supervisory sworn peace officers employed by UC and Hastings so that such employees will receive full collective bargaining rights pursuant to HEERA.

2. Provides that HEERA provisions shall still apply which prohibit supervisory employees from participating on behalf of nonsupervisory employees in the handling of grievances, in meet and confer sessions, or in voting on questions of ratification or rejection of memoranda of understanding governing nonsupervisory employees.

3. Prohibits supervisory sworn peace officers employed by UC and Hastings from being placed in the same collective bargaining unit as nonsupervisory employees.

Background

The Public Employment Relations Board (PERB) concluded in previous decisions that sworn peace officer supervisory employees employed by CSU whose duties are substantially similar to those of their subordinates are eligible for full collective bargaining rights under HEERA but that similar sworn peace officer supervisory employees employed by UC and Hastings do not have duties that are substantially similar to those of their subordinates and thus have limited collective bargaining rights under HEERA. This bill gives clear statutory authority to provide full collective bargaining rights to these UC and Hastings employees.

Prior/Related Legislation

SB 765 (Block, 2013) would have permitted a school district (including a community college district) supervisory peace officer to join or participate in an employee organization and negotiating unit composed of exclusively supervisory peace officers or both supervisory and non-supervisory peace officers. Governor Brown vetoed the bill because “allowing school police officer supervisors to join rank and file bargaining units creates opportunity for conflict of interest between supervisors and employees.”

FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: No

According to the Senate Appropriations Committee:

• Approximate costs of $493,894 to UC for collective bargaining (General Fund)

• Minor increased administrative costs to PERB (General Fund)

If collective bargaining negotiations result in salary increases to supervisory sworn peace officers at the UC, those additional expenses would be approximately $81,650, $213,000 and $497,000 annually for increases of 1.15%, 3%, and 7% respectively.

The UC estimates initial costs associated with collective bargaining to be $493,894 resulting from holding bargaining sessions, planning, researching, drafting language, responding to union formation requests, and travel expenses associated with negotiators/assistant negotiators, faculty representatives and campus labor relations representatives. Each of the University’s 10 campuses has a police department that employs fully sworn law enforcement officers with full arrest powers and primary jurisdiction for law enforcement on their campus.

While Hastings indicates that its security function is staffed by peace officers represented by the Hastings Public Safety Officers Association, they are not “sworn” peace officers and may not be affected by SB 686. If, however, this collective bargaining right were to be extended to the two positions supervising nine full-time public safety officers, Hastings indicates collective bargaining costs of approximately $100,000. Potential salary increases that may result from a negotiated contract would result in increased salaries and related costs of between $1,928 and $14,858 annually.

SUPPORT: (Verified 5/28/15)

California Teamsters Public Affairs Council (source)

California Federation of Teachers

OPPOSITION: (Verified 5/28/15)

None received

ARGUMENTS IN SUPPORT: According to this bill’s sponsor, California Teamsters Public Affairs Council, “the treatment of police sergeants under HEERA is quite conflicted. The sergeants who work for CSU are not designated as supervisors even though they perform identical duties to UC police sergeants. Under an old PERB decision, UC police officers are so designated. While we don’t seek to change the treatment of the sergeants at CSU, we do think, as a matter of basic equity, UC police sergeants should have the same rights as their brethren who do the same work at CSU.”

The California Federation of Teachers states that “SB 686 remedies this inequity, providing safeguards for ensuring no conflict of interest between line officers and the ‘supervisory employees’ covered by the measure.”

Prepared by: Glenn Miles / P.E. & R. / (916) 651-1519

5/30/15 16:35:36

**** END ****

SENATE COMMITTEE ON APPROPRIATIONS

Senator Ricardo Lara, Chair

2015 - 2016 Regular Session

SB 686 (Pan) - Higher Education Employer-Employee Relations Act: Supervisory employees

SUSPENSE FILE.

Bill Summary:

SB 686 provides full collective bargaining rights to supervisory employees employed as sworn peace officers by the University of California (UC) or the Hastings College of the Law.

Fiscal Impact:

• Approximate costs of $493,894 to UC for collective bargaining (General Fund)

• Minor increased administrative costs to PERB (General Fund)

If collective bargaining negotiations result in salary increases to supervisory sworn peace officers at the UC, those additional expenses would be approximately $81,650, $213,000 and $497,000 annually for increases of 1.15 percent, 3 percent, and 7 percent respectively.

The UC estimates initial costs associated with collective bargaining to be $493,894 resulting from holding bargaining sessions, planning, researching, drafting language, responding to union formation requests, and travel expenses associated with negotiators/assistant negotiators, faculty representatives and campus labor relations representatives. Each of the University’s 10 campuses has a police department that employs fully sworn law enforcement officers with full arrest powers and primary jurisdiction for law enforcement on their campus.

While Hastings College of the Law indicates that its security function is staffed by peace officers represented by the Hastings Public Safety Officers Association, they are not “sworn” peace officers and may not be affected by SB 686. If, however, this collective bargaining right were to be extended to the two positions supervising nine full-time public safety officers, Hastings indicates collective bargaining costs of approximately $100,000. Potential salary increases that may result from a negotiated contract would result in increased salaries and related costs of between $1,928 and $14,858 annually.

Background:

The Higher Education Employer-Employee Relations Act (HEERA) provides a statutory framework to regulate labor relations between the University of California (UC), California State University (CSU), the Hastings College of the Law and their respective employees. Recognized employee organizations represent employees covered under HEERA in collective bargaining over matters within the scope of representation including grievances, labor disputes, wages, hours, and other terms and conditions of employment.

Supervisory employees have limited collective bargaining rights provided under HEERA.

Proposed Law:

SB 686 does the following:

1) Makes HEERA provisions that limit the collective bargaining rights of supervisory employees inapplicable to supervisory sworn peace officers employed by UC and Hastings, thereby providing full collective bargaining rights pursuant to HEERA to these employees.

2) Continues provisions of HEERA that prohibit supervisory employees from participating on behalf of nonsupervisory employees in the handling of grievances, in meet and confer sessions, or in voting on questions of ratification or rejection of memoranda of understanding governing nonsupervisory employees.

3) Prohibits supervisory sworn peace officers employed by UC and Hastings from being placed in the same collective bargaining unit as nonsupervisory employees.

Staff Comments:

The Public Employment Relations Board (PERB) concluded in previous decisions that sworn peace officer supervisory employees employed by CSU whose duties are substantially similar to those of their subordinates are eligible for full collective bargaining rights under HEERA. However, PERB ruled that sworn peace officer supervisory employees employed by UC and Hastings do not have duties that are substantially similar to those of their subordinates and therefore are not granted full collective bargaining rights under HEERA. They are provided a limited right of meeting and discussing their employment with UC management, and the university is not required to negotiate in good faith.

There are approximately 60-70 employees with the classification of Sergeant who would be affected by the provisions in this bill. The system wide salaries for these individuals are currently $7.1 million at UC and approximately $170,000 at Hastings.

SB 686 will bring UC and Hastings sworn peace officer supervisory employees under the jurisdiction of HEERA, giving them full collective bargaining rights.

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SENATE COMMITTEE ON APPROPRIATIONS

Senator Ricardo Lara, Chair

2015 - 2016 Regular Session

SB 686 (Pan) - Higher Education Employer-Employee Relations Act: Supervisory employees

This bill meets the criteria for referral to the Suspense File.

Bill Summary:

SB 686 provides full collective bargaining rights to supervisory employees employed as sworn peace officers by the University of California (UC) or the Hastings College of the Law.

Fiscal Impact:

• Approximate costs of $493,894 to UC for collective bargaining (General Fund)

• Minor increased administrative costs to PERB (General Fund)

If collective bargaining negotiations result in salary increases to supervisory sworn peace officers at the UC, those additional expenses would be approximately $81,650, $213,000 and $497,000 annually for increases of 1.15 percent, 3 percent, and 7 percent respectively.

The UC estimates initial costs associated with collective bargaining to be $493,894 resulting from holding bargaining sessions, planning, researching, drafting language, responding to union formation requests, and travel expenses associated with negotiators/assistant negotiators, faculty representatives and campus labor relations representatives. Each of the University’s 10 campuses has a police department that employs fully sworn law enforcement officers with full arrest powers and primary jurisdiction for law enforcement on their campus.

While Hastings College of the Law indicates that its security function is staffed by peace officers represented by the Hastings Public Safety Officers Association, they are not “sworn” peace officers and may not be affected by SB 686. If, however, this collective bargaining right were to be extended to the two positions supervising nine full-time public safety officers, Hastings indicates collective bargaining costs of approximately $100,000. Potential salary increases that may result from a negotiated contract would result in increased salaries and related costs of between $1,928 and $14,858 annually.

Background:

The Higher Education Employer-Employee Relations Act (HEERA) provides a statutory framework to regulate labor relations between the University of California (UC), California State University (CSU), the Hastings College of the Law and their respective employees. Recognized employee organizations represent employees covered under HEERA in collective bargaining over matters within the scope of representation including grievances, labor disputes, wages, hours, and other terms and conditions of employment.

Supervisory employees have limited collective bargaining rights provided under HEERA.

Proposed Law:

SB 686 does the following:

1) Makes HEERA provisions that limit the collective bargaining rights of supervisory employees inapplicable to supervisory sworn peace officers employed by UC and Hastings, thereby providing full collective bargaining rights pursuant to HEERA to these employees.

2) Continues provisions of HEERA that prohibit supervisory employees from participating on behalf of nonsupervisory employees in the handling of grievances, in meet and confer sessions, or in voting on questions of ratification or rejection of memoranda of understanding governing nonsupervisory employees.

3) Prohibits supervisory sworn peace officers employed by UC and Hastings from being placed in the same collective bargaining unit as nonsupervisory employees.

Staff Comments:

The Public Employment Relations Board (PERB) concluded in previous decisions that sworn peace officer supervisory employees employed by CSU whose duties are substantially similar to those of their subordinates are eligible for full collective bargaining rights under HEERA. However, PERB ruled that sworn peace officer supervisory employees employed by UC and Hastings do not have duties that are substantially similar to those of their subordinates and therefore are not granted full collective bargaining rights under HEERA. They are provided a limited right of meeting and discussing their employment with UC management, and the university is not required to negotiate in good faith.

There are approximately 60-70 employees with the classification of Sergeant who would be affected by the provisions in this bill. The system wide salaries for these individuals are currently $7.1 million at UC and approximately $170,000 at Hastings.

SB 686 will bring UC and Hastings sworn peace officer supervisory employees under the jurisdiction of HEERA, giving them full collective bargaining rights.

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SENATE COMMITTEE ON

PUBLIC EMPLOYMENT AND RETIREMENT

Dr. Richard Pan, Chair

2015 - 2016 Regular

Bill No: SB 686 Hearing Date: 4/13/15

Subject: Higher Education Employer-Employee Relations Act: collective bargaining for University of California and Hastings College of the Law sworn peace officer supervisory employees

SOURCE: California Teamsters Public Affairs Council

DIGEST: This bill would provide full collective bargaining rights pursuant to the Higher Education Employer-Employee Relations Act (HEERA) to supervisory employees employed as sworn peace officers by the University of California (UC) or the Hastings College of the Law (Hastings).

ANALYSIS:

Existing law:

1. Establishes HEERA which provides a statutory framework to regulate labor relations between the UC, the California State University (CSU), and Hastings and their respective employees.

2. Authorizes recognized employee organizations to represent employees covered under HEERA in collective bargaining with their employers over matters within the scope of representation, as defined, including grievances, labor disputes, wages, hours, and other terms and conditions of employment.

3. For supervisory employees, limits collective bargaining rights provided under HEERA.

4. Defines “supervisory employee” for purposes of HEERA as any individual 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 such action if exercising such authority requires the use of independent judgment rather than is of a routine or clerical nature.

5. Provides that academic or faculty employees, department chairs or heads of similar academic units or programs, or other employees who perform similar duties primarily in the interest of or on behalf of members of the academic department, unit, or program shall not be deemed a supervisory employee solely because of such duties. However, HEERA also creates a rebuttable presumption for UC and Hastings employees wherein such employees appointed by the employer to an indefinite term shall be deemed to be supervisory employees.

6. States that employees whose duties are substantially similar to those of their subordinates shall not be considered to be supervisory employees.

7. Prohibits supervisory employees from participating on behalf of nonsupervisory employees in the handling of grievances, in meet and confer sessions, or in voting on questions of ratification or rejection of memoranda of understanding governing nonsupervisory employees.

This bill:

1. Makes HEERA provisions that limit the collective bargaining rights of supervisory employees inapplicable to supervisory sworn peace officers employed by UC and Hastings so that such employees would receive full collective bargaining rights pursuant to HEERA.

2. Provides that HEERA provisions to prohibit supervisory employees from participating on behalf of nonsupervisory employees in the handling of grievances, in meet and confer sessions, or in voting on questions of ratification or rejection of memoranda of understanding governing nonsupervisory employees shall still apply.

3. Prohibits supervisory sworn peace officers employed by UC and Hastings from being placed in the same collective bargaining unit as nonsupervisory employees.

Background

The Public Employment Relations Board (PERB) concluded in previous decisions that sworn peace officer supervisory employees employed by CSU whose duties are substantially similar to those of their subordinates are eligible for full collective bargaining rights under HEERA but that similar sworn peace officer supervisory employees employed by UC and Hastings do not have duties that are substantially similar to those of their subordinates and thus have limited collective bargaining rights under HEERA. This bill gives clear statutory authority to provide full collective bargaining rights to these UC and Hastings employees.

Prior/Related Legislation

SB 765 (Block, 2013) would have permitted a school district (including a community college district) supervisory peace officer to join or participate in an employee organization and negotiating unit composed of exclusively supervisory peace officers or both supervisory and non-supervisory peace officers. Governor Brown vetoed this bill because “allowing school police officer supervisors to join rank and file bargaining units creates opportunity for conflict of interest between supervisors and employees.”

FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: No

SUPPORT:

California Teamsters Public Affairs Council (source)

California Federation of Teachers

OPPOSITION:

None received

ARGUMENTS IN SUPPORT: According to the California Teamsters Public Affairs Council, “the treatment of police sergeants under HEERA is quite conflicted. The sergeants who work for CSU are not designated as supervisors even though they perform identical duties to UC police sergeants. Under an old PERB decision, UC police officers are so designated. While we don’t seek to change the treatment of the sergeants at CSU, we do think, as a matter of basic equity, UC police sergeants should have the same rights as their brethren who do the same work at CSU.”

The California Federation of Teachers states that “SB 686 remedies this inequity, providing safeguards for ensuring no conflict of interest between line officers and the ‘supervisory employees’ covered by the measure.”