AB 615: Higher Education Employer-Employee Relations Act: procedures relating to employee termination or discipline.
- Session Year: 2021-2022
- House: Assembly
- Latest Version Date: 2021-10-06
The Higher Education Employer-Employee Relations Act provides for negotiations concerning wages, hours, and other terms and conditions of employment between a higher education employer, defined as the Regents of the University of California, the Board of Directors of the Hastings College of the Law, and the Trustees of the California State University, and representatives of recognized employee organizations.
This bill would require a higher education employer to provide a procedure for all medical and dental interns and residents, persons in accredited resident physician subspecialty programs, and other postgraduate medical and dental trainees in unaccredited programs to challenge a termination of employment or a disciplinary action, as defined, by the employer, after the employee has exhausted available administrative or academic grievance processes, as provided. The bill would prohibit applying that procedure to a termination of employment or disciplinary action based on certain academic or clinical matters.
The Higher Education Employer-Employee Relations Act provides for negotiations concerning wages, hours, and other terms and conditions of employment between a higher education employer, defined as the Regents of the University of California, the Board of Directors of the Hastings College of the Law, and the Trustees of the California State University, and representatives of recognized employee organizations.
This bill would require a higher education employer to provide a procedure for all medical and dental interns and residents, persons in accredited resident physician subspecialty programs, and other postgraduate medical and dental trainees in unaccredited programs to challenge a termination of employment or a disciplinary action, as defined, by the employer, after the employee has exhausted available administrative or academic grievance processes, as provided. The bill would prohibit applying that procedure to a termination of employment or disciplinary action based on certain academic or clinical matters.
The Higher Education Employer-Employee Relations Act provides for negotiations concerning wages, hours, and other terms and conditions of employment between a higher education employer, defined as the Regents of the University of California, the Board of Directors of the Hastings College of the Law, and the Trustees of the California State University, and representatives of recognized employee organizations.
This bill would require a higher education employer to provide a procedure for all medical and dental interns and residents, persons in accredited resident physician subspecialty programs, and other postgraduate medical and dental trainees in unaccredited programs to challenge a termination of employment or a disciplinary action, as defined, by the employer, after the employee has exhausted available administrative or academic grievance processes, as provided. The bill would prohibit applying that procedure to a termination of employment or disciplinary action based on certain academic or clinical matters.
The Higher Education Employer-Employee Relations Act provides for negotiations concerning wages, hours, and other terms and conditions of employment between a higher education employer, defined as the Regents of the University of California, the Board of Directors of the Hastings College of the Law, and the Trustees of the California State University, and representatives of recognized employee organizations.
This bill would require a higher education employer to provide a procedure for all medical and dental interns and residents, persons in accredited resident physician subspecialty programs, and other postgraduate medical and dental trainees in unaccredited programs to challenge a termination of employment or a disciplinary action, as defined, by the employer, after the employee has exhausted available administrative or academic grievance processes, as provided. The bill would prohibit applying that procedure to a termination of employment or disciplinary action based on certain academic or clinical matters.
(a)(1)(A)A higher education employer shall provide a procedure for all medical and dental interns and residents, persons in resident physician subspecialty programs accredited by the Accreditation Council for Graduate Medical Education, and other postgraduate medical and dental trainees in programs not accredited by the Accreditation Council for Graduate Medical Education to challenge a termination of employment or a disciplinary action by the higher education employer, as specified in subparagraph (B).
(B)Before exercising a challenge under this section, a higher education employee shall first exhaust any administrative or academic grievance processes that are available to that employee. An administrative or disciplinary action taken by the higher education employer that is based on neither clinical nor academic matters and that is subject to appeal under that employers procedures may be grieved. The exclusive representative may file a grievance following the result of the higher education employers formal review.
(2)A challenge by an employee described in paragraph (1) pursuant to this section shall be heard by a panel consisting of a designee of the exclusive representative, a designated representative of the graduate medical education program, and an impartial hearing officer or arbitrator. The panel shall have the power to review the employers action and provide a full remedy for termination or discipline without just cause. If the employee is represented by an exclusive representative, the impartial hearing officer or arbitrator shall be jointly selected by the higher education employer and exclusive representative.
(3)If there is a memorandum of understanding between a higher education employer and an exclusive representative that provides a procedure for the employee or employees representative to challenge a termination of employment or a disciplinary action before a neutral decisionmaker, the provisions of the memorandum of understanding providing for that procedure shall control over the requirements of this section.
(b)(1)This section shall not apply to a termination of employment or disciplinary action based on those academic or clinical matters that are excluded from the scope of representation. For purposes of this section, academic or clinical matters means those matters that relate to whether the employee has developed the practice-based learning and improvement, patient care and procedural skills, systems-based practice related to medical judgment, and medical knowledge competencies that are necessary to function at the current level of training, advance to the next level of training, or be assessed as eligible for graduation and board certification.
(2)For matters that are submitted to arbitration, an arbitrator shall not have the authority to order a higher education employer to advance an employee or trainee to the next level of training, or attest that an employee or trainee is eligible for graduation or board certification.
(c)For purposes of this section, disciplinary action means restriction, suspension, nonrenewal, or termination of employment.
(a)(1)(A)A higher education employer shall provide a procedure for all medical and dental interns and residents, persons in resident physician subspecialty programs accredited by the Accreditation Council for Graduate Medical Education, and other postgraduate medical and dental trainees in programs not accredited by the Accreditation Council for Graduate Medical Education to challenge a termination of employment or a disciplinary action by the higher education employer, as specified in subparagraph (B).
(B)Before exercising a challenge under this section, a higher education employee shall first exhaust any administrative or academic grievance processes that are available to that employee. An administrative or disciplinary action taken by the higher education employer that is based on neither clinical nor academic matters and that is subject to appeal under that employers procedures may be grieved. The exclusive representative may file a grievance following the result of the higher education employers formal review.
(2)A challenge by an employee described in paragraph (1) pursuant to this section shall be heard by a panel consisting of a designee of the exclusive representative, a designated representative of the graduate medical education program, and an impartial hearing officer or arbitrator. The panel shall have the power to review the employers action and provide a full remedy for termination or discipline without just cause. If the employee is represented by an exclusive representative, the impartial hearing officer or arbitrator shall be jointly selected by the higher education employer and exclusive representative.
(3)If there is a memorandum of understanding between a higher education employer and an exclusive representative that provides a procedure for the employee or employees representative to challenge a termination of employment or a disciplinary action before a neutral decisionmaker, the provisions of the memorandum of understanding providing for that procedure shall control over the requirements of this section.
(b)(1)This section shall not apply to a termination of employment or disciplinary action based on those academic or clinical matters that are excluded from the scope of representation. For purposes of this section, academic or clinical matters means those matters that relate to whether the employee has developed the practice-based learning and improvement, patient care and procedural skills, systems-based practice related to medical judgment, and medical knowledge competencies that are necessary to function at the current level of training, advance to the next level of training, or be assessed as eligible for graduation and board certification.
(2)For matters that are submitted to arbitration, an arbitrator shall not have the authority to order a higher education employer to advance an employee or trainee to the next level of training, or attest that an employee or trainee is eligible for graduation or board certification.
(c)For purposes of this section, disciplinary action means restriction, suspension, nonrenewal, or termination of employment.
(a)(1)(A)A higher education employer shall provide a procedure for all medical and dental interns and residents, persons in resident physician subspecialty programs accredited by the Accreditation Council for Graduate Medical Education, and other postgraduate medical and dental trainees in programs not accredited by the Accreditation Council for Graduate Medical Education to challenge a termination of employment or a disciplinary action by the higher education employer, as specified in subparagraph (B).
(B)Before exercising a challenge under this section, a higher education employee shall first exhaust any administrative or academic grievance processes that are available to that employee. An administrative or disciplinary action taken by the higher education employer that is based on neither clinical nor academic matters and that is subject to appeal under that employers procedures may be grieved. The exclusive representative may file a grievance following the result of the higher education employers formal review.
(2)A challenge by an employee described in paragraph (1) pursuant to this section shall be heard by a panel consisting of a designee of the exclusive representative, a designated representative of the graduate medical education program, and an impartial hearing officer or arbitrator. The panel shall have the power to review the employers action and provide a full remedy for termination or discipline without just cause. If the employee is represented by an exclusive representative, the impartial hearing officer or arbitrator shall be jointly selected by the higher education employer and exclusive representative.
(3)If there is a memorandum of understanding between a higher education employer and an exclusive representative that provides a procedure for the employee or employees representative to challenge a termination of employment or a disciplinary action before a neutral decisionmaker, the provisions of the memorandum of understanding providing for that procedure shall control over the requirements of this section.
(b)(1)This section shall not apply to a termination of employment or disciplinary action based on those academic or clinical matters that are excluded from the scope of representation. For purposes of this section, academic or clinical matters means those matters that relate to an employees acquisition of core competencies and the development of the clinical skills necessary to function at the level of the employees credential for licensure, practice, or board certification in the academic discipline or medical specialty. whether the employee has developed the practice-based learning and improvement, patient care and procedural skills, systems-based practice related to medical judgment, and medical knowledge competencies that are necessary to function at the current level of training, advance to the next level of training, or be assessed as eligible for graduation and board certification.
(2)For matters that are submitted to arbitration, an arbitrator shall not have the authority to order a higher education employer to advance an employee or trainee to the next level of training, or attest that an employee or trainee is eligible for graduation or board certification.
(c)For purposes of this section, disciplinary action means restriction, suspension, nonrenewal, or termination of employment.
(a)(1)(A)A higher education employer shall provide a procedure for all medical and dental interns and residents, persons in resident physician subspecialty programs accredited by the Accreditation Council for Graduate Medical Education, and other postgraduate medical and dental trainees in programs not accredited by the Accreditation Council for Graduate Medical Education to challenge a termination of employment or a disciplinary action by the higher education employer, as specified in subparagraph (B).
(B)Before exercising a challenge under this section, a higher education employee shall first exhaust any administrative or academic grievance processes that are available to that employee. An administrative or disciplinary action taken by the higher education employer that is based on neither clinical nor academic matters and that is subject to appeal under that employers procedures may be grieved. The exclusive representative may file a grievance following the result of the higher education employers formal review.
(2)A challenge by an employee described in paragraph (1) pursuant to this section shall be heard by a panel consisting of a designee of the exclusive representative, a designated representative of the graduate medical education program, and an impartial hearing officer or arbitrator. The panel shall have the power to review the employers action and provide a full remedy for termination or discipline without just cause. If the employee is represented by an exclusive representative, the impartial hearing officer or arbitrator shall be jointly selected by the higher education employer and exclusive representative.
(3)If there is a memorandum of understanding between a higher education employer and an exclusive representative that provides a procedure for the employee or employees representative to challenge a termination of employment or a disciplinary action before a neutral decisionmaker, the provisions of the memorandum of understanding providing for that procedure shall control over the requirements of this section.
(b)This section shall not apply to a termination of employment or disciplinary action based on those academic or clinical matters that are excluded from the scope of representation. For purposes of this section, academic or clinical matters means those matters that relate to an employees acquisition of core competencies and the development of the clinical skills necessary to function at the level of the employees credential for licensure, practice, or board certification in the academic discipline or medical specialty.
(c)For purposes of this section, disciplinary action means restriction, suspension, nonrenewal, or termination of employment.
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Date
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Status
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| Oct 6, 2021 | Chaptered by Secretary of State - Chapter 563, Statutes of 2021. |
| Oct 6, 2021 | Approved by the Governor. |
| Sep 20, 2021 | Enrolled and presented to the Governor at 3 p.m. |
| Sep 7, 2021 | Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 58. Noes 5. Page 2828.). |
| Sep 2, 2021 | In Assembly. Concurrence in Senate amendments pending. May be considered on or after September 4 pursuant to Assembly Rule 77. |
| Sep 2, 2021 | Read third time. Passed. Ordered to the Assembly. (Ayes 30. Noes 7. Page 2346.). |
| Aug 26, 2021 | From committee: Do pass. (Ayes 5. Noes 2.) (August 26). |
| Jul 15, 2021 | In committee: Referred to suspense file. |
| Jul 7, 2021 | From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on APPR. |
| Jun 29, 2021 | From committee: Do pass and re-refer to Com. on APPR. (Ayes 4. Noes 1. Page 1694.) (June 28). Re-referred to Com. on APPR. |
| Jun 9, 2021 | Referred to Com. on L., P.E. & R. |
| May 28, 2021 | In Senate. Read first time. To Com. on RLS. for assignment. |
| May 27, 2021 | Read third time. Passed. Ordered to the Senate. (Ayes 58. Noes 15. Page 1637.) |
| May 24, 2021 | Read second time. Ordered to third reading. |
| May 20, 2021 | From committee: Do pass. (Ayes 12. Noes 4.) (May 20). |
| Apr 28, 2021 | In committee: Set, first hearing. Referred to APPR. suspense file. |
| Apr 19, 2021 | From committee: Do pass and re-refer to Com. on APPR. (Ayes 5. Noes 2.) (April 15). Re-referred to Com. on APPR. |
| Feb 25, 2021 | Referred to Com. on P.E. & R. |
| Feb 13, 2021 | From printer. May be heard in committee March 15. |
| Feb 12, 2021 | 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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| Sep 7, 2021 | AB 615 Rodriguez Concurrence in Senate Amendments | Assembly Floor |
Passed |
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| Sep 2, 2021 | Assembly 3rd Reading AB615 Rodriguez By Pan | Senate Floor |
Passed |
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| May 27, 2021 | AB 615 Rodriguez Assembly Third Reading | Assembly Floor |
Passed |
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