California 2011 2011-2012 Regular Session

California Assembly Bill AB2381 Amended / Bill

Filed 03/29/2012

 BILL NUMBER: AB 2381AMENDED BILL TEXT AMENDED IN ASSEMBLY MARCH 29, 2012 INTRODUCED BY Assembly Member Roger Hernndez FEBRUARY 24, 2012 An act to  amend Section 2927 of the Labor   add Article 1.5 (commencing with Section 68530) to Chapter 2 of Title 8 of the Government  Code, relating to  employment   the Judicial Council  . LEGISLATIVE COUNSEL'S DIGEST AB 2381, as amended, Roger Hernndez.  Employment: quitting.   Judicial Council: employer-employee relations.   The Ralph C. Dills Act, administered by the Public Employment Relations Board, authorizes state employees 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, as specified. Existing law authorizes an employee organization to become the exclusive representative of an appropriate unit for purposes of meeting and negotiating, as specified. Existing law requires the Governor, or his or her representative, as properly designated by law, to meet and confer in good faith regarding wages, hours, and other terms and conditions of employment with representatives of recognized employee organizations, and to consider fully any presentation that is made by an employee organization on behalf of its members prior to arriving at a determination of policy or course of action.   This bill would provide that the Ralph C. Dills Act applies to employees of the Judicial Council. The bill would require the Administrative Director of the Courts to meet and confer in good faith regarding wages, hours, and other terms and conditions of employment and would identify matters excluded from the scope of representation. The bill would require the Public Employment Relations Board, in determining appropriate bargaining units, to not include Judicial Council employees in a bargaining unit that includes other employees.   Existing law provides that an employee who is not employed for a specified term and who quits the service of his or her employer is entitled to compensation for services rendered up to the time of quitting.   This bill would make nonsubstantive changes to that provision.  Vote: majority. Appropriation: no. Fiscal committee:  no   yes  . State-mandated local program: no. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:  SECTION 1.   Article 1.5 (commencing with Section 68530) is added to Chapter 2 of Title 8 of the   Government Code   , to read:   Article 1.5. Judicial Council Employer-Employee Relations 68530. Chapter 10.3 (commencing with Section 3512) of Division 4 of Title 1 shall apply to employees of the Judicial Council. The application of this article shall be limited to that purpose. 68531. (a) The term "state employee" shall include any employee of the Judicial Council, except managerial employees, confidential employees, and supervisory employees. "State employee" shall not include any judicial officer or any employee of the Supreme Court, the courts of appeal, or the Habeas Corpus Resource Center. (b) "State employer" or "employer," for the purposes of bargaining or meeting and conferring in good faith, shall mean the Administrative Director of the Courts, or his or her designated representative, acting with the authorization of the Chairperson of the Judicial Council. (c) References to actions or decisions by the Governor, or his or her designated representative, shall mean actions or decisions by the Administrative Director of the Courts, or his or her designated representative, acting with the authorization of the Chairperson of the Judicial Council. 68532. (a) In view of the unique and special responsibilities of the courts and judicial branch agencies in the administration of justice, decisions regarding any of the following matters shall not be included within the scope of representation: (1) The merits and administration of the court system and judicial branch agencies. (2) Coordination, consolidation, and merger of courts, judicial branch agencies, and the support staff of those courts and agencies. (3) Automation, including, but not limited to, fax filing, electronic recording, and implementation of information systems. (4) Design, construction, and location of court or judicial branch facilities. (5) Delivery of court or judicial branch services. (6) Hours of operation of the courts, court system, and judicial branch agencies. (b) The impact of the matters described in subdivision (a) shall be included within the scope of representation as those matters affect wages, hours, and terms and conditions of employment of Judicial Council employees. The Administrative Director of the Courts, or his or her designated representative, shall meet and confer in good faith with respect to that impact. 68533. The Public Employment Relations Board, in determining appropriate bargaining units, shall not include Judicial Council employees in a bargaining unit that includes other employees.   SECTION 1.   Section 2927 of the Labor Code is amended to read: 2927. An employee who is not employed for a specified term and who quits the service of his or her employer is entitled to compensation for services rendered up to the time of quitting.