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AB-2049 Classified school and community college employees: payroll deductions for employee organization dues.(2017-2018)

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Date Published: 03/20/2018 04:00 AM
AB2049:v98#DOCUMENT

Amended  IN  Assembly  March 19, 2018

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill No. 2049

Introduced by Assembly Member Gonzalez Fletcher

February 06, 2018

An act to amend Section 45109 of the Education Code, relating to school employees. An act to amend Sections 45168 and 88167 of the Education Code, relating to school and community college employees.


LEGISLATIVE COUNSEL'S DIGEST


AB 2049, as amended, Gonzalez Fletcher. Classified school employees: duties. Classified school and community college employees: payroll deductions for employee organization dues.
(1) Existing law authorizes the governing board of a school district, and the governing board of a community college district, when drawing an order for the salary or wage payment due to a classified employee of the school district or community college district to, without charge, reduce the order by the amount that it has been requested in a revocable written authorization by the employee to deduct for the payment of dues in, or for any other service provided by, any bona fide employee organization.
This bill would instead require the governing board of a school district, and the governing board of a community college district, when drawing an order for the salary or wage payment due to a classified employee of the school district or community college district to, without charge, reduce the order by the amount that it has been requested in a revocable written authorization by an employee who is a member of the bargaining unit to deduct for the payment of dues in, or for any other service provided by, any bona fide employee organization. The bill would require the revocability of one of these authorizations to be determined by its terms. The bill would require a school district or community college district, before processing a revocation request, to either provide a copy of the request to the employee organization or confirm that the employee has sent it a revocation request, as provided. The bill would authorize a school district or community college district to rely on an employee organization’s statement that a revocation request is not in conformity with an authorization, and would require the employee organization to indemnify and defend the school district or community college district against any claim made by an employee for deductions based on the statement.
To the extent the bill would impose additional requirements on school districts and community college districts, the bill would impose a state-mandated local program.
The bill would also make clarifying, conforming, and other nonsubstantive changes.
(2) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

Existing law requires the governing board of a school district to employ persons for positions not requiring certification qualifications. Existing law requires the governing board of a school district to classify those employees and positions and requires that they be known as the classified service. Existing law requires the governing board of a school district to fix and prescribe the duties to be performed by all persons in the classified service and other positions not requiring certification qualifications, except as provided.

This bill would make nonsubstantive changes to the latter provision.

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NOYES   Local Program: NOYES  

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


SECTION 1.

 Section 45168 of the Education Code is amended to read:

45168.
 (a) (1) Except as provided in subdivision (b), the governing board of each school district when drawing an order for the salary or wage payment due to a classified employee of the school district may, shall, without charge, reduce the order by the amount which that it has been requested in a revocable written authorization by the employee an employee who is a member of the bargaining unit to deduct for the payment of dues in, or for any other service provided by, any bona fide employee organization, of which he is a member, whose membership consists, in whole or in part, of employees of such that school district, and which that has as one of its objectives improvements in the terms or conditions of employment for the advancement of the welfare of such those employees.

The

(2) The revocable written authorization shall remain in effect until expressly revoked in writing by the employee. employee in accordance with the terms of the authorization. Whenever there is an increase in the amount required for such the payment to the employee organization, the employee organization shall provide the employee with adequate and necessary data on such the increase at a time sufficiently prior to before the effective date of the increase to allow the employee an opportunity to revoke the written authorization, if desired. desired and if permitted by the authorization. The employee organization shall provide the public school employer district with notification of the increase at a time sufficiently prior to before the effective date of the increase to allow the employer an opportunity to make the necessary changes and with a copy of the notification of the increase which that has been sent to all concerned employees.

Upon

(3) Upon receipt of a properly signed authorization for payroll deductions by a classified employee pursuant to this section, the governing board of the school district shall reduce such the employee’s pay warrant by the designated amount in the next pay period following the closing date for receipt of changes in pay warrants.

The

(4) The governing board of the school district shall, on the same designated date of each month, draw its order upon the funds of the school district in favor of the employee organization designated by the employee for an amount equal to the total of the respective deductions made with respect to such the employee organization during the pay period.

The

(5) The governing board of the school district shall not require the completion of a new deduction authorization when a dues increase has been effected or at any other time without the express approval of the concerned employee organization.
(6) (A) Revocability of an authorization described in this section shall be determined by the terms of the authorization.
(B) Before processing a revocation request, the school district shall either provide a copy of the request to the employee organization or confirm that the employee has sent it a revocation request, and shall provide the employee organization five days in which to advise the school district whether the revocation request is in conformity with the authorization. The school district may rely on an employee organization’s statement that a revocation request is not in conformity with an authorization, and the employee organization shall indemnify and defend the school district against any claim made by an employee for deductions based on the statement.
(b) The governing board of each school district when drawing an order for the salary or wage payment due to a classified employee of the school district may, without charge, reduce the order for the payment of dues to, or for any other service provided by, the certified or recognized employee organization of which the classified employee is a member, or for the payment of service fees to the certified or recognized employee organization as required by an organizational security arrangement between the exclusive representative and a public school employer as provided under Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 of the Government Code. However, the organizational security arrangement shall provide that any employee may pay service fees directly to the certified or recognized employee organization in lieu of having such the service fees deducted from the salary or wage order.
(c) This section shall apply to school districts that have adopted the merit system in the same manner and effect as if it were a part of Article 6 (commencing with Section 45240) of this chapter. 45240).

SEC. 2.

 Section 88167 of the Education Code is amended to read:

88167.
 (a) (1) Except as provided in subdivision (b), the governing board of each community college district, when drawing an order for the salary or wage payment due to a classified employee of the community college district, may, shall, without charge, reduce the order by the amount which that it has been requested in a revocable written authorization by the employee an employee who is a member of the bargaining unit to deduct for the payment of dues in, or for any other service provided by, any bona fide employee organization, of which the employee is a member, whose membership consists, in whole or in part, of employees of that community college district, and which that has, as one of its objectives, improvements in the terms or conditions of employment for the advancement of the welfare of those employees.

The

(2) The revocable written authorization shall remain in effect until expressly revoked in writing by the employee. employee in accordance with the terms of the authorization. Whenever there is an increase in the amount required for such a the payment to the employee organization, the employee organization shall provide the employee with adequate and necessary data on the increase at a time sufficiently prior to before the effective date of the increase to allow the employee an opportunity to revoke the written authorization, if desired. desired and if permitted by the authorization. The employee organization shall provide the public school employer community college district with notification of the increase at a time sufficiently prior to before the effective date of the increase to allow the employer an opportunity to make the necessary changes and with a copy of the notification of the increase which that has been sent to all concerned employees.

Upon

(3) Upon receipt of a properly signed authorization for payroll deductions by a classified employee pursuant to this section, the governing board of the community college district shall reduce the employee’s pay warrant by the designated amount in the next pay period following the closing date for receipt of changes in pay warrants.

The governing board,

(4) The governing board of the community college district, on the same designated date of each month, shall draw its order upon the funds of the community college district in favor of the employee organization designated by the employee for an amount equal to the total of the respective deductions made with respect to such the employee organization during the pay period.

The

(5) The governing board of the community college district shall not require the completion of a new deduction authorization when a dues increase has been effected or at any other time without the express approval of the concerned employee organization.
(6) (A) Revocability of an authorization described in this section shall be determined by the terms of the authorization.
(B) Before processing a revocation request, the community college district shall either provide a copy of the request to the employee organization or confirm that the employee has sent it a revocation request, and shall provide the employee organization five days in which to advise the community college district whether the revocation request is in conformity with the authorization. The community college district may rely on an employee organization’s statement that a revocation request is not in conformity with an authorization, and the employee organization shall indemnify and defend the community college district against any claim made by an employee for deductions based on the statement.
(b) The governing board of each community college district, when drawing an order for the salary or wage payment due to a classified employee of the community college district may, without charge, reduce the order for the payment of dues to, or for any other service provided by, the certified or recognized employee organization of which the classified employee is a member, or for the payment of service fees to the certified or recognized organization as required in an organizational security arrangement between the exclusive representative and a community college district employer as provided under Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 of the Government Code. However, the organizational security arrangement shall provide that any employee may pay service fees directly to the certified or recognized employee organization in lieu of having the service fees deducted from the salary or wage order.
(c) This section shall apply to community college districts that have adopted the merit system in the same manner and effect as if it were a part of Article 3 (commencing with Section 88060).

SEC. 3.

 If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
SECTION 1.Section 45109 of the Education Code is amended to read:
45109.

(a)The governing board of a school district shall fix and prescribe the duties to be performed by all persons in the classified service and other positions not requiring certification qualifications of the school district, except those persons employed as a part of a personnel commission staff as provided in Article 6 (commencing with Section 45240).

(b)This section shall apply to school districts that have adopted the merit system in the same manner and effect as if it were a part of Article 6 (commencing with Section 45240).