| 1 | | - | Enrolled September 17, 2019 Passed IN Senate September 10, 2019 Passed IN Assembly September 11, 2019 Amended IN Senate September 06, 2019 Amended IN Assembly May 16, 2019 Amended IN Assembly March 19, 2019 CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Assembly Bill No. 1681Introduced by Assembly Member GonzalezFebruary 22, 2019An act to amend Section 3545 of the Government Code, relating to public employment.LEGISLATIVE COUNSEL'S DIGESTAB 1681, Gonzalez. Public employees: collective bargaining: unit determinations.Existing law authorizes public school 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 establishes a process for an employee organization to become the exclusive representative of an appropriate unit for purposes of meeting and negotiating, as specified. Under existing law, in each case where the appropriateness of the unit is an issue, the Public Employment Relations Board is required to decide the question on the basis of the community of interest between and among the employees and their established practices including, among other things, the extent to which those employees belong to the same employee organization, and the effect of the size of the unit on the efficient operation of the school district. Existing law establishes a standard in the case of a district that employs 20 or more supervisory peace officer employees, providing that a negotiating unit of supervisory employees employed by such a district shall be appropriate if the unit includes all supervisory peace officer employees or all supervisory nonpeace officer employees, or both.This bill would reduce the threshold to 2 or more supervisory peace officer employees for that appropriateness standard. The bill, for purposes of determining the number of supervisory peace officer employees, would include only those positions and individuals already declared supervisory by the public school employer as of September 1, 2019, and individuals subsequently promoted into existing positions already deemed supervisory as of September 1, 2019.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 3545 of the Government Code is amended to read:3545. (a) In each case where the appropriateness of the unit is an issue, the board shall decide the question on the basis of the community of interest between and among the employees and their established practices including, among other things, the extent to which those employees belong to the same employee organization, and the effect of the size of the unit on the efficient operation of the school district.(b) In all cases:(1) A negotiating unit that includes classroom teachers shall not be appropriate unless it at least includes all of the classroom teachers employed by the public school employer, except management employees, supervisory employees, and confidential employees.(2) Except as provided in subdivision (c), a negotiating unit of supervisory employees shall not be appropriate unless it includes all supervisory employees employed by the district and shall not be represented by the same employee organization as employees whom the supervisory employees supervise.(3) Classified employees and certificated employees shall not be included in the same negotiating unit.(c) (1) In the case of a district that employs two or more supervisory peace officer employees, a negotiating unit of supervisory employees shall be appropriate if it includes any of the following:(A) All supervisory nonpeace officer employees employed by the district and all supervisory peace officer employees employed by the district.(B) All supervisory nonpeace officer employees employed by the district, exclusively.(C) All supervisory peace officer employees employed by the district, exclusively.(2) A negotiating unit of supervisory employees shall not be represented by the same employee organization as employees whom the supervisory employees supervise.(3) As used in this subdivision, the term supervisory peace officer employees includes only those positions and individuals already deemed supervisory by the public school employer as of September 1, 2019, and individuals subsequently promoted into existing positions already deemed supervisory as of September 1, 2019. |
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| 1 | + | Amended IN Senate September 06, 2019 Amended IN Assembly May 16, 2019 Amended IN Assembly March 19, 2019 CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Assembly Bill No. 1681Introduced by Assembly Member GonzalezFebruary 22, 2019An act to amend Section 3545 of the Government Code, relating to public employment.LEGISLATIVE COUNSEL'S DIGESTAB 1681, as amended, Gonzalez. Public employees: collective bargaining: unit determinations.Existing law authorizes public school 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 establishes a process for an employee organization to become the exclusive representative of an appropriate unit for purposes of meeting and negotiating, as specified. Under existing law, in each case where the appropriateness of the unit is an issue, the Public Employment Relations Board is required to decide the question on the basis of the community of interest between and among the employees and their established practices including, among other things, the extent to which those employees belong to the same employee organization, and the effect of the size of the unit on the efficient operation of the school district. Existing law establishes a standard in the case of a district that employs 20 or more supervisory peace officer employees, providing that a negotiating unit of supervisory employees employed by such a district shall be appropriate if the unit includes all supervisory peace officer employees or all supervisory nonpeace officer employees, or both.This bill would reduce the threshold to 2 or more supervisory peace officer employees for that appropriateness standard. The bill, for purposes of determining the number of supervisory peace officer employees, would include only those positions and individuals already declared supervisory by the public school employer as of September 1, 2019, and individuals subsequently promoted into existing positions already deemed supervisory as of September 1, 2019.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 3545 of the Government Code is amended to read:3545. (a) In each case where the appropriateness of the unit is an issue, the board shall decide the question on the basis of the community of interest between and among the employees and their established practices including, among other things, the extent to which those employees belong to the same employee organization, and the effect of the size of the unit on the efficient operation of the school district.(b) In all cases:(1) A negotiating unit that includes classroom teachers shall not be appropriate unless it at least includes all of the classroom teachers employed by the public school employer, except management employees, supervisory employees, and confidential employees.(2) Except as provided in subdivision (c), a negotiating unit of supervisory employees shall not be appropriate unless it includes all supervisory employees employed by the district and shall not be represented by the same employee organization as employees whom the supervisory employees supervise.(3) Classified employees and certificated employees shall not be included in the same negotiating unit.(c) (1) In the case of a district that employs two or more supervisory peace officer employees, a negotiating unit of supervisory employees shall be appropriate if it includes any of the following:(A) All supervisory nonpeace officer employees employed by the district and all supervisory peace officer employees employed by the district.(B) All supervisory nonpeace officer employees employed by the district, exclusively.(C) All supervisory peace officer employees employed by the district, exclusively.(2) A negotiating unit of supervisory employees shall not be represented by the same employee organization as employees whom the supervisory employees supervise.(3) As used in this subdivision, the term supervisory peace officer employees includes only those positions and individuals already deemed supervisory by the public school employer as of September 1, 2019, and individuals subsequently promoted into existing positions already deemed supervisory as of September 1, 2019. |
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| 3 | | - | Enrolled September 17, 2019 Passed IN Senate September 10, 2019 Passed IN Assembly September 11, 2019 Amended IN Senate September 06, 2019 Amended IN Assembly May 16, 2019 Amended IN Assembly March 19, 2019 CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Assembly Bill No. 1681Introduced by Assembly Member GonzalezFebruary 22, 2019An act to amend Section 3545 of the Government Code, relating to public employment.LEGISLATIVE COUNSEL'S DIGESTAB 1681, Gonzalez. Public employees: collective bargaining: unit determinations.Existing law authorizes public school 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 establishes a process for an employee organization to become the exclusive representative of an appropriate unit for purposes of meeting and negotiating, as specified. Under existing law, in each case where the appropriateness of the unit is an issue, the Public Employment Relations Board is required to decide the question on the basis of the community of interest between and among the employees and their established practices including, among other things, the extent to which those employees belong to the same employee organization, and the effect of the size of the unit on the efficient operation of the school district. Existing law establishes a standard in the case of a district that employs 20 or more supervisory peace officer employees, providing that a negotiating unit of supervisory employees employed by such a district shall be appropriate if the unit includes all supervisory peace officer employees or all supervisory nonpeace officer employees, or both.This bill would reduce the threshold to 2 or more supervisory peace officer employees for that appropriateness standard. The bill, for purposes of determining the number of supervisory peace officer employees, would include only those positions and individuals already declared supervisory by the public school employer as of September 1, 2019, and individuals subsequently promoted into existing positions already deemed supervisory as of September 1, 2019.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO |
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| 3 | + | Amended IN Senate September 06, 2019 Amended IN Assembly May 16, 2019 Amended IN Assembly March 19, 2019 CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Assembly Bill No. 1681Introduced by Assembly Member GonzalezFebruary 22, 2019An act to amend Section 3545 of the Government Code, relating to public employment.LEGISLATIVE COUNSEL'S DIGESTAB 1681, as amended, Gonzalez. Public employees: collective bargaining: unit determinations.Existing law authorizes public school 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 establishes a process for an employee organization to become the exclusive representative of an appropriate unit for purposes of meeting and negotiating, as specified. Under existing law, in each case where the appropriateness of the unit is an issue, the Public Employment Relations Board is required to decide the question on the basis of the community of interest between and among the employees and their established practices including, among other things, the extent to which those employees belong to the same employee organization, and the effect of the size of the unit on the efficient operation of the school district. Existing law establishes a standard in the case of a district that employs 20 or more supervisory peace officer employees, providing that a negotiating unit of supervisory employees employed by such a district shall be appropriate if the unit includes all supervisory peace officer employees or all supervisory nonpeace officer employees, or both.This bill would reduce the threshold to 2 or more supervisory peace officer employees for that appropriateness standard. The bill, for purposes of determining the number of supervisory peace officer employees, would include only those positions and individuals already declared supervisory by the public school employer as of September 1, 2019, and individuals subsequently promoted into existing positions already deemed supervisory as of September 1, 2019.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO |
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| 32 | 29 | | |
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| 33 | 30 | | Existing law authorizes public school 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 establishes a process for an employee organization to become the exclusive representative of an appropriate unit for purposes of meeting and negotiating, as specified. Under existing law, in each case where the appropriateness of the unit is an issue, the Public Employment Relations Board is required to decide the question on the basis of the community of interest between and among the employees and their established practices including, among other things, the extent to which those employees belong to the same employee organization, and the effect of the size of the unit on the efficient operation of the school district. Existing law establishes a standard in the case of a district that employs 20 or more supervisory peace officer employees, providing that a negotiating unit of supervisory employees employed by such a district shall be appropriate if the unit includes all supervisory peace officer employees or all supervisory nonpeace officer employees, or both.This bill would reduce the threshold to 2 or more supervisory peace officer employees for that appropriateness standard. The bill, for purposes of determining the number of supervisory peace officer employees, would include only those positions and individuals already declared supervisory by the public school employer as of September 1, 2019, and individuals subsequently promoted into existing positions already deemed supervisory as of September 1, 2019. |
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| 34 | 31 | | |
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| 35 | 32 | | Existing law authorizes public school 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 establishes a process for an employee organization to become the exclusive representative of an appropriate unit for purposes of meeting and negotiating, as specified. Under existing law, in each case where the appropriateness of the unit is an issue, the Public Employment Relations Board is required to decide the question on the basis of the community of interest between and among the employees and their established practices including, among other things, the extent to which those employees belong to the same employee organization, and the effect of the size of the unit on the efficient operation of the school district. Existing law establishes a standard in the case of a district that employs 20 or more supervisory peace officer employees, providing that a negotiating unit of supervisory employees employed by such a district shall be appropriate if the unit includes all supervisory peace officer employees or all supervisory nonpeace officer employees, or both. |
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| 36 | 33 | | |
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| 37 | 34 | | This bill would reduce the threshold to 2 or more supervisory peace officer employees for that appropriateness standard. The bill, for purposes of determining the number of supervisory peace officer employees, would include only those positions and individuals already declared supervisory by the public school employer as of September 1, 2019, and individuals subsequently promoted into existing positions already deemed supervisory as of September 1, 2019. |
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| 38 | 35 | | |
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| 39 | 36 | | ## Digest Key |
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| 40 | 37 | | |
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| 41 | 38 | | ## Bill Text |
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| 42 | 39 | | |
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| 43 | 40 | | The people of the State of California do enact as follows:SECTION 1. Section 3545 of the Government Code is amended to read:3545. (a) In each case where the appropriateness of the unit is an issue, the board shall decide the question on the basis of the community of interest between and among the employees and their established practices including, among other things, the extent to which those employees belong to the same employee organization, and the effect of the size of the unit on the efficient operation of the school district.(b) In all cases:(1) A negotiating unit that includes classroom teachers shall not be appropriate unless it at least includes all of the classroom teachers employed by the public school employer, except management employees, supervisory employees, and confidential employees.(2) Except as provided in subdivision (c), a negotiating unit of supervisory employees shall not be appropriate unless it includes all supervisory employees employed by the district and shall not be represented by the same employee organization as employees whom the supervisory employees supervise.(3) Classified employees and certificated employees shall not be included in the same negotiating unit.(c) (1) In the case of a district that employs two or more supervisory peace officer employees, a negotiating unit of supervisory employees shall be appropriate if it includes any of the following:(A) All supervisory nonpeace officer employees employed by the district and all supervisory peace officer employees employed by the district.(B) All supervisory nonpeace officer employees employed by the district, exclusively.(C) All supervisory peace officer employees employed by the district, exclusively.(2) A negotiating unit of supervisory employees shall not be represented by the same employee organization as employees whom the supervisory employees supervise.(3) As used in this subdivision, the term supervisory peace officer employees includes only those positions and individuals already deemed supervisory by the public school employer as of September 1, 2019, and individuals subsequently promoted into existing positions already deemed supervisory as of September 1, 2019. |
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| 44 | 41 | | |
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| 45 | 42 | | The people of the State of California do enact as follows: |
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| 46 | 43 | | |
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| 47 | 44 | | ## The people of the State of California do enact as follows: |
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| 48 | 45 | | |
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| 49 | 46 | | SECTION 1. Section 3545 of the Government Code is amended to read:3545. (a) In each case where the appropriateness of the unit is an issue, the board shall decide the question on the basis of the community of interest between and among the employees and their established practices including, among other things, the extent to which those employees belong to the same employee organization, and the effect of the size of the unit on the efficient operation of the school district.(b) In all cases:(1) A negotiating unit that includes classroom teachers shall not be appropriate unless it at least includes all of the classroom teachers employed by the public school employer, except management employees, supervisory employees, and confidential employees.(2) Except as provided in subdivision (c), a negotiating unit of supervisory employees shall not be appropriate unless it includes all supervisory employees employed by the district and shall not be represented by the same employee organization as employees whom the supervisory employees supervise.(3) Classified employees and certificated employees shall not be included in the same negotiating unit.(c) (1) In the case of a district that employs two or more supervisory peace officer employees, a negotiating unit of supervisory employees shall be appropriate if it includes any of the following:(A) All supervisory nonpeace officer employees employed by the district and all supervisory peace officer employees employed by the district.(B) All supervisory nonpeace officer employees employed by the district, exclusively.(C) All supervisory peace officer employees employed by the district, exclusively.(2) A negotiating unit of supervisory employees shall not be represented by the same employee organization as employees whom the supervisory employees supervise.(3) As used in this subdivision, the term supervisory peace officer employees includes only those positions and individuals already deemed supervisory by the public school employer as of September 1, 2019, and individuals subsequently promoted into existing positions already deemed supervisory as of September 1, 2019. |
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| 50 | 47 | | |
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| 51 | 48 | | SECTION 1. Section 3545 of the Government Code is amended to read: |
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| 52 | 49 | | |
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| 53 | 50 | | ### SECTION 1. |
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| 54 | 51 | | |
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| 55 | 52 | | 3545. (a) In each case where the appropriateness of the unit is an issue, the board shall decide the question on the basis of the community of interest between and among the employees and their established practices including, among other things, the extent to which those employees belong to the same employee organization, and the effect of the size of the unit on the efficient operation of the school district.(b) In all cases:(1) A negotiating unit that includes classroom teachers shall not be appropriate unless it at least includes all of the classroom teachers employed by the public school employer, except management employees, supervisory employees, and confidential employees.(2) Except as provided in subdivision (c), a negotiating unit of supervisory employees shall not be appropriate unless it includes all supervisory employees employed by the district and shall not be represented by the same employee organization as employees whom the supervisory employees supervise.(3) Classified employees and certificated employees shall not be included in the same negotiating unit.(c) (1) In the case of a district that employs two or more supervisory peace officer employees, a negotiating unit of supervisory employees shall be appropriate if it includes any of the following:(A) All supervisory nonpeace officer employees employed by the district and all supervisory peace officer employees employed by the district.(B) All supervisory nonpeace officer employees employed by the district, exclusively.(C) All supervisory peace officer employees employed by the district, exclusively.(2) A negotiating unit of supervisory employees shall not be represented by the same employee organization as employees whom the supervisory employees supervise.(3) As used in this subdivision, the term supervisory peace officer employees includes only those positions and individuals already deemed supervisory by the public school employer as of September 1, 2019, and individuals subsequently promoted into existing positions already deemed supervisory as of September 1, 2019. |
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| 56 | 53 | | |
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| 57 | 54 | | 3545. (a) In each case where the appropriateness of the unit is an issue, the board shall decide the question on the basis of the community of interest between and among the employees and their established practices including, among other things, the extent to which those employees belong to the same employee organization, and the effect of the size of the unit on the efficient operation of the school district.(b) In all cases:(1) A negotiating unit that includes classroom teachers shall not be appropriate unless it at least includes all of the classroom teachers employed by the public school employer, except management employees, supervisory employees, and confidential employees.(2) Except as provided in subdivision (c), a negotiating unit of supervisory employees shall not be appropriate unless it includes all supervisory employees employed by the district and shall not be represented by the same employee organization as employees whom the supervisory employees supervise.(3) Classified employees and certificated employees shall not be included in the same negotiating unit.(c) (1) In the case of a district that employs two or more supervisory peace officer employees, a negotiating unit of supervisory employees shall be appropriate if it includes any of the following:(A) All supervisory nonpeace officer employees employed by the district and all supervisory peace officer employees employed by the district.(B) All supervisory nonpeace officer employees employed by the district, exclusively.(C) All supervisory peace officer employees employed by the district, exclusively.(2) A negotiating unit of supervisory employees shall not be represented by the same employee organization as employees whom the supervisory employees supervise.(3) As used in this subdivision, the term supervisory peace officer employees includes only those positions and individuals already deemed supervisory by the public school employer as of September 1, 2019, and individuals subsequently promoted into existing positions already deemed supervisory as of September 1, 2019. |
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| 58 | 55 | | |
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| 59 | 56 | | 3545. (a) In each case where the appropriateness of the unit is an issue, the board shall decide the question on the basis of the community of interest between and among the employees and their established practices including, among other things, the extent to which those employees belong to the same employee organization, and the effect of the size of the unit on the efficient operation of the school district.(b) In all cases:(1) A negotiating unit that includes classroom teachers shall not be appropriate unless it at least includes all of the classroom teachers employed by the public school employer, except management employees, supervisory employees, and confidential employees.(2) Except as provided in subdivision (c), a negotiating unit of supervisory employees shall not be appropriate unless it includes all supervisory employees employed by the district and shall not be represented by the same employee organization as employees whom the supervisory employees supervise.(3) Classified employees and certificated employees shall not be included in the same negotiating unit.(c) (1) In the case of a district that employs two or more supervisory peace officer employees, a negotiating unit of supervisory employees shall be appropriate if it includes any of the following:(A) All supervisory nonpeace officer employees employed by the district and all supervisory peace officer employees employed by the district.(B) All supervisory nonpeace officer employees employed by the district, exclusively.(C) All supervisory peace officer employees employed by the district, exclusively.(2) A negotiating unit of supervisory employees shall not be represented by the same employee organization as employees whom the supervisory employees supervise.(3) As used in this subdivision, the term supervisory peace officer employees includes only those positions and individuals already deemed supervisory by the public school employer as of September 1, 2019, and individuals subsequently promoted into existing positions already deemed supervisory as of September 1, 2019. |
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| 60 | 57 | | |
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| 61 | 58 | | |
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| 62 | 59 | | |
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| 63 | 60 | | 3545. (a) In each case where the appropriateness of the unit is an issue, the board shall decide the question on the basis of the community of interest between and among the employees and their established practices including, among other things, the extent to which those employees belong to the same employee organization, and the effect of the size of the unit on the efficient operation of the school district. |
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| 64 | 61 | | |
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| 65 | 62 | | (b) In all cases: |
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| 66 | 63 | | |
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| 67 | 64 | | (1) A negotiating unit that includes classroom teachers shall not be appropriate unless it at least includes all of the classroom teachers employed by the public school employer, except management employees, supervisory employees, and confidential employees. |
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| 68 | 65 | | |
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| 69 | 66 | | (2) Except as provided in subdivision (c), a negotiating unit of supervisory employees shall not be appropriate unless it includes all supervisory employees employed by the district and shall not be represented by the same employee organization as employees whom the supervisory employees supervise. |
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| 70 | 67 | | |
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| 71 | 68 | | (3) Classified employees and certificated employees shall not be included in the same negotiating unit. |
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| 72 | 69 | | |
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| 73 | 70 | | (c) (1) In the case of a district that employs two or more supervisory peace officer employees, a negotiating unit of supervisory employees shall be appropriate if it includes any of the following: |
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| 74 | 71 | | |
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| 75 | 72 | | (A) All supervisory nonpeace officer employees employed by the district and all supervisory peace officer employees employed by the district. |
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| 76 | 73 | | |
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| 77 | 74 | | (B) All supervisory nonpeace officer employees employed by the district, exclusively. |
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| 78 | 75 | | |
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| 79 | 76 | | (C) All supervisory peace officer employees employed by the district, exclusively. |
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| 80 | 77 | | |
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| 81 | 78 | | (2) A negotiating unit of supervisory employees shall not be represented by the same employee organization as employees whom the supervisory employees supervise. |
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| 82 | 79 | | |
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| 83 | 80 | | (3) As used in this subdivision, the term supervisory peace officer employees includes only those positions and individuals already deemed supervisory by the public school employer as of September 1, 2019, and individuals subsequently promoted into existing positions already deemed supervisory as of September 1, 2019. |
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