Bill Text: CA AB1484 | 2021-2022 | Regular Session | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: School employees: labor relations: fair share services fee or alternative fee: deduction: recognized employee organization decertification and recertification.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2022-02-01 - From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. [AB1484 Detail]
Download: California-2021-AB1484-Introduced.html
provision of law, upon receiving notice from the exclusive representative of a public school employee who is in a unit for which an exclusive representative has been selected pursuant to this chapter, the employer shall deduct the amount of the fair share service fee authorized by this section from the wages and salary of the employee and pay that amount to the employee organization. Thereafter, the employee shall, as a condition of
continued employment, be required either to join the recognized employee organization or pay the fair share service fee. The amount of the fee shall not exceed the dues that are payable by members of the employee organization, and shall cover the cost of negotiation, contract administration, and other activities of the employee organization that are germane to its functions as the exclusive bargaining representative. Agency fee payers shall have the right, pursuant to regulations adopted by the Public Employment Relations Board, to receive a rebate or fee reduction upon request, of that portion of their fee that is not devoted to the cost of negotiations, contract administration, and other activities of the employee organization that are germane to its function as the exclusive bargaining representative.
Bill Title: School employees: labor relations: fair share services fee or alternative fee: deduction: recognized employee organization decertification and recertification.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2022-02-01 - From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. [AB1484 Detail]
Download: California-2021-AB1484-Introduced.html
CALIFORNIA LEGISLATURE—
2021–2022 REGULAR SESSION
Assembly Bill
No. 1484
| Introduced by Assembly Member Kiley |
February 19, 2021 |
An act to amend Section 3546 of the Government Code, relating to school employees.
LEGISLATIVE COUNSEL'S DIGEST
AB 1484, as introduced, Kiley.
School employees: labor relations: fair share services fee or alternative fee: deduction.
Under existing law, public school employees have 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 requires public school employers, as defined, upon receiving notice from an exclusive representative of public school employees who are in a unit for which an exclusive representative has been selected, to deduct the amount of the fair share service fee from the wages and salary of affected employees and pay those amounts to the employee organization. Existing law prohibits an employee who is a member of a religious body whose traditional tenets or teachings include objections to joining or financially supporting employee organizations from being required to join, maintain membership in, or financially support any employee organization as a
condition of employment, except that the employee may be required, in lieu of a fair share service fee, to pay sums equal to the fair share service fee either to a nonreligious, nonlabor organization, or a charitable fund exempt from taxation, as provided.
This bill would prohibit a public school employer from deducting the amount of the fair share service fee or the alternative fee described above from the wages and salary of a public school employee unless the employer has received permission from the employee, and would require an employee’s authorization to only be valid for the calendar year in which it is given unless terminated, as provided.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NOBill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 3546 of the Government Code is amended to read:3546.
(a) (1) Notwithstanding any other(2) Notwithstanding paragraph (1) or any other law, an
employer shall not deduct the amount of the fair share service fee authorized by this section or the alternative fee described in Section 3546.3 from the wages and salary of an employee unless the employer has received permission from the employee. An employee’s authorization under this paragraph shall only be valid for the calendar year in which it is given, and may be terminated at any time by the employee.
(b) The costs covered by the fee under this section may include, but shall not necessarily be limited to, the cost of lobbying activities designed to foster collective bargaining negotiations and contract administration, or to secure for the represented employees advantages in wages, hours, and other conditions of employment in addition to those secured through meeting and negotiating with the employer.
(c) The arrangement described in subdivision (a)
shall remain in effect unless it is rescinded pursuant to subdivision (d). The employer shall remain neutral, and shall not participate in any election conducted under this section unless required to do so by the board.
(d) (1) The arrangement described in subdivision (a) may be rescinded by a majority vote of all the employees in the negotiating unit subject to that arrangement, if a request for a vote is supported by a petition containing 30 percent of the employees in the negotiating unit, the signatures are obtained in one academic year. There shall not be more than one vote taken during the term of any collective bargaining agreement in effect on or after January 1, 2001.
(2) If the arrangement described in subdivision (a) is rescinded pursuant to paragraph (1), a majority of all employees in the negotiating unit may request that the arrangement be
reinstated. That request shall be submitted to the board along with a petition containing the signatures of at least 30 percent of the employees in the negotiating unit. The vote shall be conducted at the worksite by secret ballot, and shall be conducted no sooner than one year after the rescission of the arrangement under this subdivision.
(3) If the board determines that the appropriate number of signatures have been collected, it shall conduct the vote to rescind or reinstate in a manner that it shall prescribe in accordance with this subdivision.
(4) The cost of conducting an election under this subdivision to reinstate the organizational security arrangement shall be borne by the petitioning party and the cost of conducting an election to rescind the arrangement shall be borne by the board.
(e) The recognized
employee organization shall indemnify and hold the public school employer harmless against any reasonable legal fees, legal costs, and settlement or judgment liability arising from any court or administrative action relating to the school district’s compliance with this section. The recognized employee organization shall have the exclusive right to determine whether any such action or proceeding shall or shall not be compromised, resisted, defended, tried, or appealed. This indemnification and hold harmless duty shall not apply to actions related to compliance with this section brought by the exclusive representative of district employees against the public school employer.
(f) The employer of a public school employee shall provide the exclusive representative of a public employee with the home address of each member of a bargaining unit, regardless of when that employee commences employment, so that the exclusive representative can comply with
the notification requirements set forth by the United States Supreme Court in Chicago Teachers Union v. Hudson (1986) 89 L.Ed. 2d 232.
