AB 2628: State employees: memorandum of understanding: approval.
- Session Year: 2017-2018
- House: Assembly
- Latest Version Date: 2018-03-19
Existing law provides that a provision of a memorandum of understanding reached between the state employer and a recognized employee organization representing state civil service employees that requires the expenditure of funds does not become effective unless approved by the Legislature in the annual Budget Act.
This bill would approve provisions of a memorandum of understanding entered into between the state employer and State Bargaining Unit 6, the California Correctional Peace Officers Association, that require the expenditure of funds, and would provide that these provisions will become effective even if these provisions are approved by the Legislature in legislation other than the annual Budget Act.
The bill would provide that provisions of the memorandum of understanding approved by this bill that require the expenditure of funds will not take effect unless funds for those provisions are specifically appropriated by the Legislature, and would require the state employer and the affected employee organization to meet and confer to renegotiate the affected provisions if funds for those provisions are not specifically appropriated by the Legislature.
Existing law, the Ralph C. Dills Act, grants to state employees the right to form employee organizations for the purpose of representing their members in negotiating terms and conditions of employment with the state and prescribes definitions and procedures in this regard. Existing law states the purpose of these provisions and prohibits construing them to contravene the spirit or intent of the merit system in state employment.This bill would make nonsubstantive changes to these provisions.Existing law, the Ralph C. Dills Act, grants to state employees the right to form employee organizations for the purpose of representing their members in negotiating terms and conditions of employment with the state and prescribes definitions and procedures in this regard. Existing law states the purpose of these provisions and prohibits construing them to contravene the spirit or intent of the merit system in state employment.
This bill would make nonsubstantive changes to these provisions.
The Legislature finds and declares that the purpose of this act is to approve an agreement pursuant to Section 3517.5 of the Government Code entered into by the state employer and a recognized employee organization.
SEC. 2.The provisions of the memorandum of understanding prepared pursuant to Section 3517.5 of the Government Code and entered into by the state employer and State Bargaining Unit 6, dated ____, and that require the expenditure of funds, are hereby approved for the purposes of subdivision (b) of Section 3517.6 of the Government Code.
SEC. 3.The provisions of the memorandum of understanding approved by Section 2 of this act that require the expenditure of funds shall not take effect unless funds for these provisions are specifically appropriated by the Legislature. If funds for these provisions are not specifically appropriated by the Legislature, the state employer and the affected employee organization shall meet and confer to renegotiate the affected provisions.
SEC. 4.Notwithstanding Section 3517.6 of the Government Code, the provisions of the memorandum of understanding included in Section 2 that require the expenditure of funds shall become effective even if the provisions of the memorandum of understanding are approved by the Legislature in legislation other than the annual Budget Act.
SECTION 1.Section 3512 of the Government Code is amended to read:3512.The purpose of this chapter is to promote full communication between the state and its employees by providing a reasonable method of resolving disputes regarding wages, hours, and other terms and conditions of employment between the state and public employee organizations. It is also the purpose of this chapter to promote the improvement of personnel management and employer-employee relations within the State of California by providing a uniform basis for recognizing the right of state employees to join organizations of their own choosing and be represented by those organizations in their employment relations with the state. It is further the purpose of this chapter, in order to foster peaceful employer-employee relations, to allow state employees to select one employee organization as the exclusive representative of the employees in an appropriate unit, and to permit the exclusive representative to receive financial support from those employees who receive the benefits of this representation.Nothing in this chapter shall be construed to contravene the spirit or intent of the merit principle in state employment, nor to limit the entitlements of state civil service employees, including those designated as managerial and confidential, provided by Article VII of the California Constitution or by laws or rules enacted pursuant thereto.It is the The purpose of this chapter is to promote full communication between the state and its employees by providing a reasonable method of resolving disputes regarding wages, hours, and other terms and conditions of employment between the state and public employee organizations. It is also the purpose of this chapter to promote the improvement of personnel management and employer-employee relations within the State of California by providing a uniform basis for recognizing the right of state employees to join organizations of their own choosing and be represented by those organizations in their employment relations with the state. It is further the purpose of this chapter, in order to foster peaceful employer-employee relations, to allow state employees to select one employee organization as the exclusive representative of the employees in an appropriate unit, and to permit the exclusive representative to receive financial support from those employees who receive the benefits of this representation.
Nothing in this chapter shall be construed to contravene the spirit or intent of the merit principle in state employment, nor to limit the entitlements of state civil service employees, including those designated as managerial and confidential, provided by Article VII of the California Constitution or by laws or rules enacted pursuant thereto.
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Date
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Status
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| Jun 14, 2018 | In committee: Set, first hearing. Hearing canceled at the request of author. |
| Jun 7, 2018 | Referred to Com. on P.E. & R. |
| May 31, 2018 | In Senate. Read first time. To Com. on RLS. for assignment. |
| May 30, 2018 | Read third time. Passed. Ordered to the Senate. |
| May 25, 2018 | From committee: Do pass. (Ayes 12. Noes 0.) (May 25). |
| May 2, 2018 | In committee: Set, first hearing. Referred to APPR. suspense file. |
| Apr 18, 2018 | From committee: Do pass and re-refer to Com. on APPR. (Ayes 5. Noes 1.) (April 18). Re-referred to Com. on APPR. |
| Mar 20, 2018 | Re-referred to Com. on P.E., R., & S.S. |
| Mar 19, 2018 | From committee chair, with author's amendments: Amend, and re-refer to Com. on P.E., R., & S.S. Read second time and amended. |
| Mar 15, 2018 | Referred to Com. on P.E., R., & S.S. |
| Feb 16, 2018 | From printer. May be heard in committee March 18. |
| Feb 15, 2018 | Read first time. To print. |
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Date
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Description
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Location
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Votes
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| May 30, 2018 | AB 2628 RODRIGUEZ Assembly Third Reading | Assembly Floor |
Passed |
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| May 25, 2018 | Do pass. | Assembly Standing Committee on Appropriations |
Passed |
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| Apr 18, 2018 | Do pass and be re-referred to the Committee on [Appropriations] | Assembly Standing Committee on Public Employees, Retirement, and Social Security |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
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Organization
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Position
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Date
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| California Correctional Peace Officers Association | * Support | Apr 18, 2018 |
ASSEMBLY THIRD READING
ATR Bill Id:AB 2628
Author:(Rodriguez)
As Amended Ver:March 19, 2018
Majority vote
Committee | Votes | Ayes | Noes |
Public Employees | 5-1 | Rodriguez, Cervantes, Cooley, Cooper, O'Donnell | Brough |
Appropriations | 12-0 | Gonzalez Fletcher, Bloom, Bonta, Calderon, Carrillo, Chau, Eggman, Friedman, Eduardo Garcia, Nazarian, Quirk, Reyes |
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SUMMARY: Ratifies provisions of a Memorandum of Understanding (MOU) between the state and state bargaining unit (BU) 6 (Corrections), represented exclusively by the California Correctional Peace Officer Association.
EXISTING LAW: Requires, under the Ralph C. Dills Act (Dills Act), that MOUs negotiated between the state and exclusive representatives of each of the 21 state bargaining units be ratified by the Legislature.
FISCAL EFFECT: According to the Assembly Appropriations Committee, the costs of this bill are unknown.
COMMENTS: This is a spot bill that may be used to approve the final collective bargaining agreement reached this year between the state and BU 6. The current MOU is in effect from
July 3, 2015, to July 2, 2018.
Analysis Prepared by: Michael Bolden / P.E.,R., & S.S. / (916) 319-3957 FN: 0003119
Date of Hearing: May 2, 2018
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Lorena Gonzalez Fletcher, Chair
ABPCA Bill Id:AB 2628
Author:(Rodriguez) – As Amended Ver:March 19, 2018
Policy Committee: | Public Employees, Retirement, and Social Security | Vote: | 5 - 1 |
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Urgency: No State Mandated Local Program: No Reimbursable: No
SUMMARY:
This bill ratifies provisions of a Memorandum of Understanding (MOU) between the state and Bargaining Unit 6 (Corrections), represented exclusively by the California Correctional Peace Officer Association.
FISCAL EFFECT:
Unknown.
COMMENTS:
- Purpose. This is a spot bill that may be used to approve the final collective bargaining agreement reached this year between the state and Bargaining Unit 6. The current MOU will expire July 2, 2018.
- Background. Existing law requires, under the State Employee-Employer Relations Act (the Dills Act), collective bargaining agreements (MOUs) that are negotiated between the state and exclusive representatives of each of the 21 state bargaining units be ratified by the Legislature.
Analysis Prepared by: Luke Reidenbach / APPR. / (916) 319-2081
Date of Hearing: April 18, 2018
ASSEMBLY COMMITTEE ON PUBLIC EMPLOYEES, RETIREMENT, AND SOCIAL SECURITY
Freddie Rodriguez, Chair
ABPCA Bill Id:AB 2628 (
Author:Rodriguez) – As Amended Ver:March 19, 2018
SUBJECT: State employees: memorandum of understanding: approval
SUMMARY: Ratifies provisions of a Memorandum of Understanding (MOU) between the state and state bargaining unit (BU) 6 (Corrections), represented exclusively by the California Correctional Peace Officer Association.
EXISTING LAW: Requires, under the Ralph C. Dills Act (Dills Act), that MOUs negotiated between the state and exclusive representatives of each of the 21 state bargaining units be ratified by the Legislature.
FISCAL EFFECT: Unknown. This bill has been flagged fiscal by Legislative Counsel.
COMMENTS: This is a spot bill that may be used to approve the final collective bargaining agreement reached this year between the state and BU 6. The current MOU is in effect from
July 3, 2015, to July 2, 2018.
REGISTERED SUPPORT / OPPOSITION:
Support
None on file.
Opposition
None on file.
Analysis Prepared by: Michael Bolden / P.E.,R., & S.S. / (916) 319-3957
Discussed in Hearing
53SEC
Assembly Floor
1MIN
Assembly Standing Committee on Public Employees, Retirement, and Social Security
Bill Author
Bill Co-Author(s):