Amended IN Assembly June 04, 2020 Amended IN Assembly March 10, 2020 CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Assembly Bill No. 2114Introduced by Assembly Member RodriguezFebruary 06, 2020 An act to add Section 3571.5 to the Government Code, relating to higher education employment relations. LEGISLATIVE COUNSEL'S DIGESTAB 2114, as amended, Rodriguez. Higher Education Employer-Employee Relations Act: procedures relating to employee termination or discipline.Existing law, 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 nonprobationary employees who are not members of the academic senate medical and dental interns and residents, persons in accredited resident physician subspecialty programs, and other post-medical doctor degree trainees in unaccredited programs to challenge a termination of employment or a disciplinary action by the employer, as provided. The bill would prohibit the application of that procedure to a termination of employment or disciplinary action based on certain academic or clinical matters, as defined.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 3571.5 is added to the Government Code, to read:3571.5. (a) (1) A higher education employer shall provide a procedure for all nonprobationary employees who are not members of the academic senate medical and dental interns and residents, persons in resident physician subspecialty programs accredited by the Accreditation Council for Graduate Medical Education, and other post-medical doctor degree 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 employer. (2) A challenge by an employee described in paragraph (1) pursuant to this section shall be heard by an impartial hearing officer or arbitrator who 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 in an a licensed academic discipline or medical specialty.
Amended IN Assembly June 04, 2020 Amended IN Assembly March 10, 2020 CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Assembly Bill No. 2114Introduced by Assembly Member RodriguezFebruary 06, 2020 An act to add Section 3571.5 to the Government Code, relating to higher education employment relations. LEGISLATIVE COUNSEL'S DIGESTAB 2114, as amended, Rodriguez. Higher Education Employer-Employee Relations Act: procedures relating to employee termination or discipline.Existing law, 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 nonprobationary employees who are not members of the academic senate medical and dental interns and residents, persons in accredited resident physician subspecialty programs, and other post-medical doctor degree trainees in unaccredited programs to challenge a termination of employment or a disciplinary action by the employer, as provided. The bill would prohibit the application of that procedure to a termination of employment or disciplinary action based on certain academic or clinical matters, as defined.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO
Amended IN Assembly June 04, 2020 Amended IN Assembly March 10, 2020
Amended IN Assembly June 04, 2020
Amended IN Assembly March 10, 2020
CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION
Assembly Bill
No. 2114
Introduced by Assembly Member RodriguezFebruary 06, 2020
Introduced by Assembly Member Rodriguez
February 06, 2020
An act to add Section 3571.5 to the Government Code, relating to higher education employment relations.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
AB 2114, as amended, Rodriguez. Higher Education Employer-Employee Relations Act: procedures relating to employee termination or discipline.
Existing law, 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 nonprobationary employees who are not members of the academic senate medical and dental interns and residents, persons in accredited resident physician subspecialty programs, and other post-medical doctor degree trainees in unaccredited programs to challenge a termination of employment or a disciplinary action by the employer, as provided. The bill would prohibit the application of that procedure to a termination of employment or disciplinary action based on certain academic or clinical matters, as defined.
Existing law, 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 nonprobationary employees who are not members of the academic senate medical and dental interns and residents, persons in accredited resident physician subspecialty programs, and other post-medical doctor degree trainees in unaccredited programs to challenge a termination of employment or a disciplinary action by the employer, as provided. The bill would prohibit the application of that procedure to a termination of employment or disciplinary action based on certain academic or clinical matters, as defined.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. Section 3571.5 is added to the Government Code, to read:3571.5. (a) (1) A higher education employer shall provide a procedure for all nonprobationary employees who are not members of the academic senate medical and dental interns and residents, persons in resident physician subspecialty programs accredited by the Accreditation Council for Graduate Medical Education, and other post-medical doctor degree 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 employer. (2) A challenge by an employee described in paragraph (1) pursuant to this section shall be heard by an impartial hearing officer or arbitrator who 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 in an a licensed academic discipline or medical specialty.
The people of the State of California do enact as follows:
## The people of the State of California do enact as follows:
SECTION 1. Section 3571.5 is added to the Government Code, to read:3571.5. (a) (1) A higher education employer shall provide a procedure for all nonprobationary employees who are not members of the academic senate medical and dental interns and residents, persons in resident physician subspecialty programs accredited by the Accreditation Council for Graduate Medical Education, and other post-medical doctor degree 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 employer. (2) A challenge by an employee described in paragraph (1) pursuant to this section shall be heard by an impartial hearing officer or arbitrator who 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 in an a licensed academic discipline or medical specialty.
SECTION 1. Section 3571.5 is added to the Government Code, to read:
### SECTION 1.
3571.5. (a) (1) A higher education employer shall provide a procedure for all nonprobationary employees who are not members of the academic senate medical and dental interns and residents, persons in resident physician subspecialty programs accredited by the Accreditation Council for Graduate Medical Education, and other post-medical doctor degree 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 employer. (2) A challenge by an employee described in paragraph (1) pursuant to this section shall be heard by an impartial hearing officer or arbitrator who 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 in an a licensed academic discipline or medical specialty.
3571.5. (a) (1) A higher education employer shall provide a procedure for all nonprobationary employees who are not members of the academic senate medical and dental interns and residents, persons in resident physician subspecialty programs accredited by the Accreditation Council for Graduate Medical Education, and other post-medical doctor degree 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 employer. (2) A challenge by an employee described in paragraph (1) pursuant to this section shall be heard by an impartial hearing officer or arbitrator who 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 in an a licensed academic discipline or medical specialty.
3571.5. (a) (1) A higher education employer shall provide a procedure for all nonprobationary employees who are not members of the academic senate medical and dental interns and residents, persons in resident physician subspecialty programs accredited by the Accreditation Council for Graduate Medical Education, and other post-medical doctor degree 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 employer. (2) A challenge by an employee described in paragraph (1) pursuant to this section shall be heard by an impartial hearing officer or arbitrator who 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 in an a licensed academic discipline or medical specialty.
3571.5. (a) (1) A higher education employer shall provide a procedure for all nonprobationary employees who are not members of the academic senate medical and dental interns and residents, persons in resident physician subspecialty programs accredited by the Accreditation Council for Graduate Medical Education, and other post-medical doctor degree 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 employer.
(2) A challenge by an employee described in paragraph (1) pursuant to this section shall be heard by an impartial hearing officer or arbitrator who 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 in an a licensed academic discipline or medical specialty.