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AB-2754 Public employment: employee bargaining representatives: elections.(2015-2016)

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Amended  IN  Assembly  April 21, 2016

CALIFORNIA LEGISLATURE— 2015–2016 REGULAR SESSION

Assembly Bill
No. 2754

Introduced by Assembly Member Grove

February 19, 2016

An act to add Chapter 13 (commencing with Section 3599.1) to Division 4 of Title 1 of the Government Code, relating to public employment.


LEGISLATIVE COUNSEL'S DIGEST


AB 2754, as amended, Grove. Public employment: employee bargaining representatives: financial information. elections.
Existing law generally grants state employees the right 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. Existing law prescribes procedures in this regard for different public employers and occupational classifications, both state and local.
This bill would require an organization that provides representation to public employees in labor negotiations with a state or local public employer to hold an election every 2 years to determine if the current labor union organization should continue to represent those members of the organization. its members. This bill would grant members the right during that election to affirmatively select another public employee organization to represent them. The bill would require the organization holding the election to forward to all of its members one email from each organization running against the organization in that election, as specified. The bill would also require the organization to forward to all of its members one email from each candidate running in any election of an officer of the organization.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

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


SECTION 1.

 Chapter 13 (commencing with Section 3599.1) is added to Division 4 of Title 1 of the Government Code, to read:
CHAPTER  13. Public Employee Union Transparency

3599.1.
 (a) For purposes of this section:
(1) “Public employee organization” means an organization that provides representation to public employees in labor negotiations with a public employer regarding the terms and conditions of employment.
(2) “Public employer” means any public employer, including, but not limited to, an employer subject to Chapter 10 (commencing with Section 3500), Chapter 10.3 (commencing with Section 3512), Chapter 10.5 (commencing with Section 3525), Chapter 10.7 (commencing with Section 3540), or Chapter 12 (commencing with Section 3560), Chapter 7 (commencing with Section 71600) of Title 8, and Chapter 7.5 (commencing with Section 71800) of this code, and Chapter 7 (commencing with Section 99560) of Part 11 of Division 10 of the Public Utilities Code.
(b) (1) On and after January 1, 2017, a public employee organization shall hold an election every two years to determine if that organization will continue to represent its members during any subsequent employment-related negotiations.

(c)

(2) During the election described in subdivision (b), paragraph (1), members shall have the right to affirmatively select another public employee organization to represent them.
(3) During the election described in paragraph (1), the public employee organization holding the election shall forward to all of its members one email from each organization running against the public employee organization in the election. The email shall be used only for the purposes of the election, sent only once during the election, and sent at the time agreed upon between both organizations.
(c) During any election of an officer of a public employee organization, the organization shall forward to all of its members one email from each candidate running in the election. The email shall be used only for the purposes of the election, sent only once during the election, and sent at the time agreed upon between the candidate and the organization.