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AB-2381 Judicial Council: employer-employee relations.(2011-2012)

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Amended  IN  Assembly  April 12, 2012
Amended  IN  Assembly  March 29, 2012

CALIFORNIA LEGISLATURE— 2011–2012 REGULAR SESSION

Assembly Bill
No. 2381


Introduced  by  Assembly Member Roger Hernández

February 24, 2012


An act to add Article 1.5 (commencing with Section 68530) to Chapter 2 of Title 8 of the Government Code, relating to the Judicial Council.


LEGISLATIVE COUNSEL'S DIGEST


AB 2381, as amended, Roger Hernández. 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, including employees of the Administrative Office of the Courts. 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.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   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 For the purposes of this article, all of the following shall apply:
(a) “Employee of the Judicial Council” includes an employee of the Judicial Council or the Administrative Office of the Courts.
(b) “State employee” includes 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)

(c) “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)

(d) 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.