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SB-285 Public employers: union organizing.(2017-2018)

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Date Published: 03/14/2017 09:00 PM

Amended  IN  Senate  March 14, 2017


Senate Bill No. 285

Introduced by Senator Atkins

February 09, 2017

An act to amend Section 16645 of the Government Code, relating to state funds. add Chapter 11 (commencing with Section 3550) to Division 4 of Title 1 of the Government Code, relating to public employment.


SB 285, as amended, Atkins. State funds. Public employers: union organizing.
Existing law prohibits using state funds to reimburse a state contractor for any costs incurred to assist, promote, or deter union organizing. Existing law prohibits a public employer receiving state funds from using those funds to assist, promote, or deter union organizing. Existing law establishes certain definitions in this regard. Existing law defines public employers and public agencies with reference to provisions authorizing public employees to join organizations for purposes of negotiating the terms and conditions of their employment.
This bill would make nonsubstantive changes to the definitional provisions described above. prohibit a public employer from deterring or discouraging public employees from becoming or remaining members of an employee organization. The bill would define a public employer for this purpose to include counties, cities, districts, the state, schools, transit districts, the University of California, and the California State University, among others. The bill would grant the Public Employment Relations Board jurisdiction over violations of its provisions.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NOYES   Local Program: NO  

The people of the State of California do enact as follows:


 Chapter 11 (commencing with Section 3550) is added to Division 4 of Title 1 of the Government Code, to read:
CHAPTER  11. Prohibition on Public Employers Deterring or Discouraging Union Membership.

 A public employer shall not deter or discourage public employees from becoming or remaining members of an employee organization.

 The Public Employment Relations Board shall have jurisdiction over violations of this chapter. The powers and duties of the board described in Section 3541.3 shall apply, as appropriate, to this chapter.

 For the purpose of this chapter:
(a) “Employee organization” means an employee organization within the meaning of the provisions listed in subdivision (c).
(b) “Public employee” means an employee granted rights by the provisions listed in subdivision (c).
(c) “Public employer” means any employer subject to Chapter 10 (commencing with Section 3500), Chapter 10.3 (commencing with Section 3512), Chapter 10.7 (commencing with Section 3540), or Chapter 12 (commencing with Section 3560) of Division 4 of Title 1, Chapter 7 (commencing with Section 71600) or Chapter 7.5 (commencing with Section 71800) of Title 8 of this code, or Chapter 7 (commencing with Section 99560) of Part 11 of Division 10 of the Public Utilities Code, or Section 12302.25 of the Welfare and Institutions Code.

SECTION 1.Section 16645 of the Government Code is amended to read:

For purposes of this chapter:

(a)“Assist, promote, or deter union organizing” means any attempt by an employer to influence the decision of its employees in this state or those of its subcontractors regarding either of the following:

(1)Whether to support or oppose a labor organization that represents or seeks to represent those employees.

(2)Whether to become a member of any labor organization.

(b)“Employer” means any individual, corporation, unincorporated association, partnership, government agency or body, or other legal entity that employs more than one person in the state.

(c)“State contractor” means any employer that receives state funds for supplying goods or services pursuant to a written contract with the state or any of its agencies. “State contractor” includes an employer that receives state funds pursuant to a contract specified in paragraph (2) of subdivision (d). For purposes of this chapter, the contract shall be deemed to be a contract with a state agency.

(d)(1)“State funds” means any money drawn from the State Treasury or any special or trust fund of the state.

(2)“State funds” includes any money appropriated by the state and transferred to any public agency, including a special district, that is used by the public agency to fund, in whole or in part, a service contract in excess of two hundred fifty thousand dollars ($250,000).

(e)“State property” means any property or facility owned or leased by the state or any state agency.