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AB-1681 Public employees: collective bargaining: unit determinations.(2019-2020)

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Date Published: 05/17/2019 04:00 AM
AB1681:v97#DOCUMENT

Amended  IN  Assembly  May 16, 2019
Amended  IN  Assembly  March 19, 2019

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill
No. 1681


Introduced by Assembly Member Gonzalez

February 22, 2019


An act to amend Section 3545 of the Government Code, relating to public employment.


LEGISLATIVE COUNSEL'S DIGEST


AB 1681, as amended, Gonzalez. Public employees: collective bargaining: unit determinations.
Existing law authorizes public school 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 establishes a process for an employee organization to become the exclusive representative of an appropriate unit for purposes of meeting and negotiating, as specified. Under existing law, in each case where the appropriateness of the unit is an issue, the Public Employment Relations Board is required to decide the question on the basis of the community of interest between and among the employees and their established practices including, among other things, the extent to which those employees belong to the same employee organization, and the effect of the size of the unit on the efficient operation of the school district. Existing law establishes a standard in the case of a district that employs 20 or more supervisory peace officer employees, providing that a negotiating unit of supervisory employees employed by such a district shall be appropriate if the unit includes all supervisory peace officer employees or all supervisory nonpeace officer employees, or both.
This bill would eliminate reduce the threshold of 20 to 2 or more supervisory peace officer employees for that appropriateness standard, thereby applying the standard to any district that employs such employees. standard.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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


SECTION 1.

 Section 3545 of the Government Code is amended to read:

3545.
 (a) In each case where the appropriateness of the unit is an issue, the board shall decide the question on the basis of the community of interest between and among the employees and their established practices including, among other things, the extent to which those employees belong to the same employee organization, and the effect of the size of the unit on the efficient operation of the school district.
(b) In all cases:
(1) A negotiating unit that includes classroom teachers shall not be appropriate unless it at least includes all of the classroom teachers employed by the public school employer, except management employees, supervisory employees, and confidential employees.
(2) Except as provided in subdivision (c), a negotiating unit of supervisory employees shall not be appropriate unless it includes all supervisory employees employed by the district and shall not be represented by the same employee organization as employees whom the supervisory employees supervise.
(3) Classified employees and certificated employees shall not be included in the same negotiating unit.
(c) (1) In the case of a district that employs two or more supervisory peace officer employees, a negotiating unit of supervisory employees shall be appropriate if it includes any of the following:

(1)

(A) All supervisory nonpeace officer employees employed by the district and all supervisory peace officer employees employed by the district.

(2)

(B) All supervisory nonpeace officer employees employed by the district, exclusively.

(3)

(C) All supervisory peace officer employees employed by the district, exclusively.
(2) A negotiating unit of supervisory employees shall not be represented by the same employee organization as employees whom the supervisory employees supervise.