California Senate Bill SB179

California 2019-2020 Regular Session

• Introduced: 1/28/19
• Refer: 2/6/19
• Report Pass: 3/27/19
• Refer: 3/27/19
• Report Pass: 4/10/19
• Refer: 4/10/19
• Report Pass: 5/16/19
• Engrossed: 5/23/19
• Refer: 6/6/19
• Report Pass: 6/26/19
• Refer: 6/26/19
• Report Pass: 7/9/19
• Refer: 7/9/19
• Report Pass: 8/30/19
• Enrolled: 8/31/20
• Vetoed: 9/25/20

Caption

Excluded employees: arbitration.

Impact

The implementation of SB 179 will amend California's Government Code by introducing a formal arbitration mechanism as the fifth step in the grievance process. This aims to reduce litigation and settle grievances at a lower level, thereby freeing up court resources. The bill mandates the establishment of a standing panel of arbitrators and ensures that arbitration costs will not be passed onto excluded employees, making the arbitration process more accessible. This change is expected to enhance the overall accountability of the grievance process within state employment.

Summary

Senate Bill 179, the Excluded Employee Arbitration Act, establishes arbitration rights for state excluded employees. Excluded employees include managerial, confidential, and supervisory staff within various California state departments. The bill aims to provide a structured process for handling grievances that are unresolved through the existing grievance system, which is criticized for being ineffective. By allowing the representation of these employees by their organizations during arbitration, SB 179 seeks to facilitate a smoother resolution path to disputes, which previously often led to costly court litigations for both employees and the state.

Sentiment

The sentiment surrounding SB 179 appears to be generally supportive among excluded employees and their organizations, who view it as a meaningful improvement to their rights and grievance processes. Advocates argue that it will create a more equitable and timely resolution framework for disputes. However, there may be concerns regarding the effectiveness of the arbitration mechanism and its capacity to genuinely resolve issues that were previously unaddressed. The bill underscores prevailing discussions about labor rights within public employment frameworks in California.

Contention

There were concerns raised during discussions about whether the arbitration process would be adequate to handle the volume of grievances expected from excluded employees. Critics also pointed out the challenge of ensuring fairness in arbitration selections and processes. While the bill is intended to provide a resolution mechanism, the efficacy of this approach and whether it addresses the root issues of grievance denial in the current system remains a point of debate among stakeholders.