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AB-615 Higher Education Employer-Employee Relations Act: procedures relating to employee termination or discipline.(2021-2022)

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Date Published: 02/12/2021 09:00 PM
AB615:v99#DOCUMENT


CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Assembly Bill
No. 615


Introduced by Assembly Member Rodriguez

February 12, 2021


An act to add Section 3571.5 to the Government Code, relating to higher education employment relations.


LEGISLATIVE COUNSEL'S DIGEST


AB 615, as introduced, Rodriguez. Higher Education Employer-Employee Relations Act: procedures relating to employee termination or discipline.
The Higher Education Employer-Employee Relations Act provides for negotiations concerning wages, hours, and other terms and conditions of employment between a higher education employer, defined as the Regents of the University of California, the Board of Directors of the Hastings College of the Law, and the Trustees of the California State University, and representatives of recognized employee organizations.
This bill would require a higher education employer to provide a procedure for all medical and dental interns and residents, persons in accredited resident physician subspecialty programs, and other postgraduate medical and dental trainees in unaccredited programs to challenge a termination of employment or a disciplinary action, as defined, by the employer, after the employee has exhausted available administrative or academic grievance processes, as provided. The bill would prohibit applying that procedure to a termination of employment or disciplinary action based on certain academic or clinical matters.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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


SECTION 1.

 Section 3571.5 is added to the Government Code, to read:

3571.5.
 (a) (1) (A) A higher education employer shall provide a procedure for all medical and dental interns and residents, persons in resident physician subspecialty programs accredited by the Accreditation Council for Graduate Medical Education, and other postgraduate medical and dental trainees in programs not accredited by the Accreditation Council for Graduate Medical Education to challenge a termination of employment or a disciplinary action by the higher education employer, as specified in subparagraph (B).
(B) Before exercising a challenge under this section, a higher education employee shall first exhaust any administrative or academic grievance processes that are available to that employee. An administrative or disciplinary action taken by the higher education employer that is based on neither clinical nor academic matters and that is subject to appeal under that employer’s procedures may be grieved. The exclusive representative may file a grievance following the result of the higher education employer’s formal review.
(2) A challenge by an employee described in paragraph (1) pursuant to this section shall be heard by a panel consisting of a designee of the exclusive representative, a designated representative of the graduate medical education program, and an impartial hearing officer or arbitrator. The panel shall have the power to review the employer’s action and provide a full remedy for termination or discipline without just cause. If the employee is represented by an exclusive representative, the impartial hearing officer or arbitrator shall be jointly selected by the higher education employer and exclusive representative.
(3) If there is a memorandum of understanding between a higher education employer and an exclusive representative that provides a procedure for the employee or employee’s representative to challenge a termination of employment or a disciplinary action before a neutral decisionmaker, the provisions of the memorandum of understanding providing for that procedure shall control over the requirements of this section.
(b) This section shall not apply to a termination of employment or disciplinary action based on those academic or clinical matters that are excluded from the scope of representation. For purposes of this section, “academic or clinical matters” means those matters that relate to an employee’s acquisition of core competencies and the development of the clinical skills necessary to function at the level of the employee’s credential for licensure, practice, or board certification in the academic discipline or medical specialty.
(c) For purposes of this section, “disciplinary action” means restriction, suspension, nonrenewal, or termination of employment.