California 2021-2022 Regular Session

California Senate Bill SB76

Introduced
12/15/20  
Introduced
12/15/20  
Refer
1/28/21  
Refer
3/3/21  
Refer
3/11/21  
Refer
3/11/21  
Refer
3/22/21  
Refer
3/22/21  
Report Pass
4/6/21  
Report Pass
4/6/21  
Refer
4/6/21  
Refer
4/6/21  
Report Pass
4/21/21  
Report Pass
4/21/21  
Refer
4/21/21  
Refer
4/21/21  
Report Pass
5/20/21  
Report Pass
5/20/21  
Engrossed
6/1/21  
Refer
6/10/21  
Refer
6/10/21  
Report Pass
6/24/21  
Report Pass
6/24/21  
Refer
6/24/21  
Report Pass
7/7/21  
Refer
7/7/21  
Refer
7/7/21  
Report Pass
8/26/21  
Report Pass
8/26/21  
Enrolled
9/7/21  
Enrolled
9/7/21  
Vetoed
10/7/21  

Caption

Excluded employees: binding arbitration.

Impact

The implementation of SB76 is expected to significantly impact state employment laws by providing a clearer and more structured method for addressing grievances. Currently, many grievances filed by excluded employees are summarily denied, which results in a high volume of cases being escalated to court. By facilitating arbitration, this bill aims to reduce these court cases and promote timely resolutions, ultimately benefiting both the employees and the state by decreasing legal costs and administrative burdens.

Summary

Senate Bill 76, introduced by Senator Nielsen, is aimed at enhancing the grievance process for excluded employees within the state. The bill establishes the Excluded Employee Arbitration Act, which allows employee organizations to request binding arbitration for grievances filed by excluded employees against the state, provided certain conditions are met. This mechanism is considered a crucial addition to the existing grievance procedure, which has been criticized for leaving too many issues unresolved and leading to unnecessary litigation.

Sentiment

The sentiment around SB76 is generally positive among supporters who view it as a necessary reform to improve the rights of excluded employees. They argue that the bill enhances the fairness and effectiveness of grievance resolution processes. However, there may be concerns regarding how the implementation of arbitration could evolve, particularly concerning the costs involved for the state and the transparency of the arbitration proceedings.

Contention

Notable points of contention surrounding SB76 include concerns about the potential for biased outcomes in arbitration processes and the adequacy of the standing panel of arbitrators that will be designated. Critics worry that the system could favor the state if not properly regulated. Additionally, while the bill is set to be repealed by January 1, 2027, some stakeholders might call for more permanent measures to ensure that the improvements to the grievance process remain in place.

Companion Bills

No companion bills found.

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