Existing law, including the Meyers-Milias-Brown Act, the Ralph C. Dills Act, the Trial Court Employment Protection and Governance Act, the Trial Court Interpreter Employment and Labor Relations Act, Judicial Council Employer-Employee Relations Act, and the Los Angeles County Metropolitan Transportation Authority Transit Employer-Employee Relations Act, as well as provisions commonly referred to as the Educational Employment Relations Act and the Higher Education Employer-Employee Relations Act, regulates the labor relations of the state, the courts, and specified local public agencies and their employees. Existing law establishes other requirements relating to labor relations that are applicable to specified transit agencies. These acts grant specified public employees the right to form, join, and participate in the activities of employee organizations of their choosing and requires require public agency employers, among other things, to meet and confer with representatives of recognized employee organizations and exclusive representatives on terms and conditions of employment. These acts generally require the public entities in this context to grant employee representatives of recognized employee organizations reasonable time off without loss of compensation or benefits for certain purposes in connection with labor relations, commonly referred to as release time.

This bill would prescribe requirements relating to release time that would apply to all of the public employers and employees subject to the acts described above and would generally repeal the provisions relating to release time in those acts. The bill would require these public employers to grant a reasonable number of employee representatives of the exclusive representative reasonable time off without loss of compensation or other benefits for specified activities. This requirement would apply to activities to investigate and process grievances; grievances or otherwise enforce a collective bargaining agreement or memorandum of understanding; to formally meet and confer with the public employer on matters within the scope of representation; representation, including preparation for the activities specified in these provisions; to testify or appear as the designated representative of the exclusive representative in conferences, hearings, or other proceedings before the Public Employment Relations Board, Board or similar bodies, as specified; to testify or appear as the designated representative of the exclusive representative before the governing body of the public employer, or a personnel, civil service, or merit commission, among others, and to serve as a representative of the exclusive representative for new employee orientations. The bill would require the exclusive representative to provide reasonable notice requesting an absence in this connection. The bill would specify that its provisions prescribe minimum release time rights and would prescribe requirements regarding the relation of its provisions to other labor agreements that address release time. The bill would prohibit the Public Employment Relations Board from enforcing these provisions with regard to public transit workers that are not otherwise subject to the boards jurisdiction.

Existing law, including the Meyers-Milias-Brown Act, the Ralph C. Dills Act, the Trial Court Employment Protection and Governance Act, the Trial Court Interpreter Employment and Labor Relations Act, and the Los Angeles County Metropolitan Transportation Authority Transit Employer-Employee Relations Act, as well as provisions commonly referred to as the Educational Employment Relations Act and the Higher Education Employer-Employee Relations Act, regulates the labor relations of the state, the courts, and specified local public agencies and their employees. Existing law establishes other requirements relating to labor relations that are applicable to specified transit agencies. These acts grant specified public employees the right to form, join, and participate in the activities of employee organizations of their choosing and requires public agency employers, among other things, to meet and confer with representatives of recognized employee organizations and exclusive representatives on terms and conditions of employment. These acts generally require the public entities in this context to grant employee representatives of recognized employee organizations reasonable time off without loss of compensation or benefits for certain purposes in connection with labor relations, commonly referred to as release time.

This bill would prescribe requirements relating to release time that would apply to all of the public employers and employees subject to the acts described above and would generally repeal the provisions relating to release time in those acts. The bill would require these public employers to grant a reasonable number of employee representatives of the exclusive representative reasonable time off without loss of compensation or other benefits for specified activities. This requirement would apply to activities to investigate and process grievances; to formally meet and confer with the public employer on matters within the scope of representation; to testify or appear as the designated representative of the exclusive representative in conferences, hearings, or other proceedings before the Public Employment Relations Board, as specified; to testify or appear as the designated representative of the exclusive representative before the governing body of the public employer, or a personnel, civil service, or merit commission, among others, and to serve as a representative of the exclusive representative for new employee orientations. The bill would require the exclusive representative to provide reasonable notice requesting an absence in this connection.

Date of Hearing: April 18, 2018

ASSEMBLY COMMITTEE ON PUBLIC EMPLOYEES, RETIREMENT, AND SOCIAL SECURITY

Freddie Rodriguez, Chair

ABPCA Bill Id:AB 2154 (

Author:Bonta) – As Amended Ver:April 2, 2018

SUBJECT: Public employment: labor relations: release time

SUMMARY: Modifies existing law by establishing uniform and minimum requirements related to release time rights that apply to public employers, as defined, and their employees subject to specified collective bargaining statutes. Specifically, this bill:

1) Repeals and modifies existing provisions regarding release time by requiring that a public employer, as defined, allow a reasonable number of employee representatives of the exclusive representative reasonable time off without loss of compensation or other benefits for specified purposes under each of the following collective bargaining statutes:

a) The Meyers-Milias-Brown Act (MMBA) governing local government employer-employee relations.

b) The Ralph C. Dills Act (Dills Act) related to state government employer-employee relations.

c) The Education Employer-Employee Relations Act (EERA) governing employer-employee relations in California’s public schools (K-12) and community colleges.

d) The Higher Education Employer-Employee Relations Act (HEERA) governing employer-employee relations at the California State University, University of California, and Hastings College of Law.

e) The Trial Court Employment Protection and Governance Act (Trial Court Act) and the Trial Court Interpreter Employment and Labor Relations Act (Court Interpreter Act) governing employer-employee relations of trial court employees and court interpreters, respectively.

f) The Los Angeles County Metropolitan Transportation Authority Transit Employer-Employee Relations Act (TEERA) governing employer-employee relations for supervisory employees of the transit agency.

g) The Judicial Council Employer-Employee Relations Act (JCEERA) which provides collective bargaining rights for specified employees of the Judicial Council.

2) Defines “public employer” to mean, in addition to entities as described pursuant to existing law, also a public employer that employs public transit workers of which labor relations are regulated in the Public Utilities Code (P.U.C), and is not subject the jurisdiction of the Public Employment Relations Board (PERB).

3) Defines “release time” to mean time required for the following purposes:

a) Investigating potential, existing, or processing grievances, or otherwise enforcing a collective bargaining agreement or memorandum of understanding (MOU);

b) Meeting and conferring with representatives of the public employer on matters within the scope of representation, including preparation for activities, as specified.

c) Testifying or appearing as the designated representative of the exclusive representative in conferences, hearings, or other proceedings before PERB or its agent, or employee relations commission or board established by the County or City of Los Angeles or its respective agent, in matters relating to a charge filed by the exclusive representative against the public employer or exclusive representative; and,

d) Serving as the representative of the exclusive representative for new employee orientation.

4) Requires the exclusive representative to provide reasonable notification to the public employer requesting a leave of absence for an employee representative for purposes of exercising the rights established for release time.

5) Establishes minimum release time rights; provides release time for all activities, as specified; provides that a public employer and exclusive representative may agree upon alternative release time provisions; and, that a public employer is not excused from complying with a provision in a MOU or collective bargaining agreement that provides release time activities in addition to those, as specified.

6) Provides that these provisions do not, and must not be interpreted to reduce or limit the amount of release time that public employees may be entitled to under other laws.

7) Provides that PERB does not have jurisdiction to enforce release time rights, as specified, with respect to public transit workers, as specified, that are not subject to PERB’s jurisdiction.

EXISTING LAW:

1. Governs collective bargaining in the private sector under the federal National Relations Labor Relations Act (NLRA) but leaves it to the states to regulate collective bargaining in their respective public sectors.

While the NLRA and the decisions of its National Labor Relations Board often provide persuasive precedent in interpreting state collective bargaining law, public employees have no collective bargaining rights absent specific statutory authority establishing those rights.

2) Provides several statutory frameworks under California law to provide public employees collective bargaining rights, govern public employer-employee relations, and limit labor strife and economic disruption in the public sector through a reasonable method of resolving disputes regarding wages, hours and other terms and conditions of employment between public employers and recognized public employee organizations or their exclusive representatives. These include:

1. The MMBA which governs the employer-employee relationship between local public agencies and their employees.

Relating to release time, the MMBA requires, among other provisions, that public agencies allow a reasonable number of employee representatives of recognized employee organizations time off with compensation and no loss of other benefits when,(i) formally meeting or conferring with the public agency on matters within the scope of representation; (ii) testifying or appearing as the designated representative of the employee organization in conferences, hearings, or other proceedings before the PERB, as specified, or its agent in matters related to charges filed against the employer, or the employee organization; and, (iii) testifying or appearing as the designated representative of the employee organization on matters before a personnel or merit commission.

The MMBA also requires that the employee organization being represented provide reasonable notice to the employer requesting a leave of absence without loss of compensation for these purposes.

1. The Dills Act governing state government employer-employee relations.

Relating to release time, the Dills Act establishes, among other provisions, that a reasonable number of employee representatives of recognized employee organizations are to be granted reasonable time off without loss of compensation or other benefits for state employees when formally meeting and conferring with the state on matters within the scope of representation, and specifies that this applies only for periods when a MOU is not in effect.

1. The EERA governing employer-employee relations within the public school (K-12) and community college systems.

Relating to release time, the EERA provides, among other provisions, that a reasonable number of representatives of an exclusive representative have the right to receive reasonable periods of release time without loss of compensation when meeting, negotiating and processing grievances.

1. The HEERA, which provides for employer-employee relations at the University of California, the California State University System, and Hastings College of the Law.

Relating to release time, the HEERA provides, among other provisions, that a reasonable number of representatives of an exclusive representative have the right to receive reasonable periods of release or reassigned time without loss of compensation when engaged in meeting and conferring, and the processing of grievances prior to the adoption of the initial MOU.

e) The Trial Court Act and the Court Interpreter Act governing employer-employee relations of trial court employees and court interpreters, respectively.

Relating to release time, pursuant to the Trial Court and Court Interpreter Acts, trial courts are required to allow a reasonable number of trial court employee representatives and court interpreter employee representatives, respectively, of a recognized employee organization reasonable time off without loss of compensation or other benefits when formally meeting and conferring with representatives of the regional court interpreter employment relations committee on matters within the scope of representation.

f) The TEERA, which provides supervisory employees of the Los Angeles County Metropolitan Transportation Authority 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.

Relating to release time, the TEERA provides that a reasonable number of representatives of an exclusive representative have the right to receive reasonable periods of released or reassigned time without loss of compensation when engaged in meeting and conferring, and for the processing of grievances prior to the adoption of the initial MOU, and specifies that when an MOU is in effect, released or reassigned time must be in accordance with the MOU.

g) The JCEERA, which provides collective bargaining rights for specified employees of the Judicial Council.

Relating to release time, the JCEERA establishes that a reasonable number of specified employee representatives of recognized employee organizations to be granted reasonable time off without loss of compensation or other benefits when formally meeting and conferring with representatives of the Judicial Council on matters within the scope of representation, only for periods when a MOU is not in effect.

3) Establishes the PERB, a quasi-judicial administrative agency charged with resolving disputes and enforcing the statutory duties and rights of public agency employers and employee organizations, but provides the City and County of Los Angeles a local alternative to PERB oversight.

4) Does not cover California’s public transit districts by a common collective bargaining statute. Instead, while some transit agencies are subject to the MMBA, the majority of transit agencies are subject to labor relations provisions that are found in each district’s specific P.U.C. enabling statute, in joint powers agreements, or in articles of incorporation and bylaws.

These provisions provide employees with basic rights to organization and representation, but do not define or prohibit unfair labor practices. Unlike other California public agencies and employees, these transit agencies and their employees have no recourse to the PERB. Instead, they must rely upon the courts to remedy any alleged violations. Additionally, they may be subject to provisions of the federal Labor Management Relations Act of 1947 and the 1964 Urban Mass Transit Act (now known as the Federal Transit Act).

5) Establishes, pursuant to Chapter 21, Statutes of 2017 (Assembly Bill 119, Committee on Budget), new employee orientation for public employees where an exclusive representative is permitted to communicate with represented public employees to ensure the effectiveness of state labor relations statutes. The legislative findings and declarations state, in part, that communication is necessary for harmonious public employment relations and is a matter of statewide concern; therefore, the Legislature’s intent is that recognized exclusive representatives of California’s public employees be provided meaningful access to their represented members, unless expressly prohibited by law.

FISCAL EFFECT: Unknown. This bill has been flagged as fiscal by Legislative Counsel.

COMMENTS: According to the author, “[u]nions ensure working families have dignified working conditions, a living wage, compensation for overtime, and representation. Over the previous years, there have been a growing number of right wing attacks on workers to limit their rights and thwart their ability to engage in collective power and pull their resources. Now more than ever, California should take the appropriate steps necessary to ensure that our workers are empowered to represent themselves and their colleagues, and ensure that there is no further erosion of rights and economic viability. Assembly Bill 2154 would guarantee that California’s public sector labor relations laws grant all public employees equal rights to reasonable paid time-off to engage in activities related to employer-employee relations.

1) Uniform Provisions for Release Time Among the Various Collective Bargaining Statutes

Several of the state’s collective bargaining statutes were established approximately 40 years ago (i.e., Dills Act, HEERA, and EERA), while the MMBA was established in 1968. The remainder (i.e., TEERA, JCEERA, Trial Court, and Court Interpreter Acts) were established within the past 15 years.

As described under “Existing Law,” each of the state’s collective bargaining statutes prescribe the purposes for which release time may be used. As the statutes were established or have matured, many of them differ as to the purposes for which an employee may use release time to exercise his or her statutory rights. Because the statutes vary in this regard, uniformity may ease the PERB’s administrative burden related to the exercise of these rights which could result in savings and increased efficiency while also eliminating confusion by employees who migrate among public employers covered by different collective bargaining statutes.

While changes to each of the state’s collective bargaining statutes have occurred over time, the intent of these statutes remains the same: to foster harmonious labor relations between public employers and employees.

2) Comments by Supporters

According to the California State Council of the Service Employees International Union, “California has eight statutes covering different groups of public employees and employers. Each of these laws was enacted at different times and while they generally provide the same rights and duties to employers and employees, they do have some inconsistencies. One such area is with regard to paid time-off allowances. These inconsistencies have created inequities in the abilities of employees to meaningfully exercise their rights and fully participate in employee-employer relations. At a time of rising income inequality and attacks on worker rights, all public employees whether they are social worker, school bus driver, or professor need to be empowered to represent themselves and their colleagues to ensure no further erosion of their rights and economic viability, as well as to assure their meaningful participation in democracy.”

3) Comments by Opponents

Opponents express common concern regarding this measure in relation to new employee orientation which took effect in June 2017. Opponents state that, “…we view Assembly Bill 2154 as unwinding this carefully crafted and recently enacted agreement by requiring employers to give release time to employees who serve as the exclusive representative at new employee orientations.” Opponents state that the frequency and duration of new employee orientations varies among employers and that under this measure, “…any number of employees could be granted two to three hours per month of paid time to complete duties on behalf of their unit.”

Because of this, opponents have requested the following amendment “to ensure that all components of the mandatory new employee access remain as intended in the law signed less than one year ago.”

• Strike subsection 5 of Section 3558.7(b).

4) Prior/Related Legislation

Chapter 305, Statutes of 2013 (AB 1181, Gray) required local public agencies to allow a reasonable number of local public agency employee representatives or recognized employee organizations reasonable time off without loss of compensation or other benefits for various purposes relating to the employee representation.

REGISTERED SUPPORT / OPPOSITION:

Support

Los Angeles County Professional Peace Officers Association (Co-Sponsor)

American Federation of State, County and Municipal Employees, AFL-CIO
California Federation of Teachers, AFT, AFL-CIO

California Labor Federation, AFL-CIO
California Professional Firefighters
California School Employees Association, AFL-CIO
California Teachers Association
California-Nevada Conference of Operating Engineers
LIUNA Local 792
Orange County Employees Association
Organization of SMUD Employees
San Diego County Court Employees Association
Services Employees International Union, California
United Public Employees

Opposition

California Special Districts Association

California State Association of Counties

League of California Cities

Analysis Prepared by: Michael Bolden / P.E.,R., & S.S. / (916) 319-3957