Bill Text: CA AB2381 | 2011-2012 | Regular Session | Amended

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Bill Title: Judicial Council: employer-employee relations.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Engrossed - Dead) 2012-06-25 - In committee: Set, first hearing. Hearing canceled at the request of author. [AB2381 Detail]

Download: California-2011-AB2381-Amended.html

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BILL NUMBER: AB 2381	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 12, 2012
	AMENDED IN ASSEMBLY  MARCH 29, 2012

INTRODUCED BY   Assembly Member Roger Hernández

                        FEBRUARY 24, 2012

   An act to add Article 1.5 (commencing with Section 68530) to
Chapter 2 of Title 8 of the Government Code, relating to the Judicial
Council.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 2381, as amended, Roger Hernández.  Judicial Council:
employer-employee relations.
   The Ralph C. Dills Act, administered by the Public Employment
Relations Board, authorizes state 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 authorizes an
employee organization to become the exclusive representative of an
appropriate unit for purposes of meeting and negotiating, as
specified. Existing law requires the Governor, or his or her
representative, as properly designated by law, to meet and confer in
good faith regarding wages, hours, and other terms and conditions of
employment with representatives of recognized employee organizations,
and to consider fully any presentation that is made by an employee
organization on behalf of its members prior to arriving at a
determination of policy or course of action.
   This bill would provide that the Ralph C. Dills Act applies to
employees of the Judicial Council  , including employees of the
Administrative Office of the Courts  . The bill would require
the Administrative Director of the Courts to meet and confer in good
faith regarding wages, hours, and other terms and conditions of
employment and would identify matters excluded from the scope of
representation. The bill would require the Public Employment
Relations Board, in determining appropriate bargaining units, to not
include Judicial Council employees in a bargaining unit that includes
other employees.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Article 1.5 (commencing with Section 68530) is added to
Chapter 2 of Title 8 of the Government Code, to read:

      Article 1.5.  Judicial Council Employer-Employee Relations


   68530.  Chapter 10.3 (commencing with Section 3512) of Division 4
of Title 1 shall apply to employees of the Judicial Council. The
application of this article shall be limited to that purpose.
   68531.   (a)     The
term "state employee" shall include   For the purposes
of this article, all of the following shall apply:  
   (a) "Employee of the Judicial Council" includes an employee of the
Judicial Council or the Administrative Office of the Courts. 
    (b)     "State employee" includes  any
employee of the Judicial Council, except managerial employees,
confidential employees, and supervisory employees. "State employee"
shall not include any judicial officer or any employee of the Supreme
Court, the courts of appeal, or the Habeas Corpus Resource Center.

   (b) 
    (c)  "State employer" or "employer," for the purposes of
bargaining or meeting and conferring in good faith, shall mean the
Administrative Director of the Courts, or his or her designated
representative, acting with the authorization of the Chairperson of
the Judicial Council. 
   (c) 
    (d)  References to actions or decisions by the Governor,
or his or her designated representative, shall mean actions or
decisions by the Administrative Director of the Courts, or his or her
designated representative, acting with the authorization of the
Chairperson of the Judicial Council.
   68532.  (a) In view of the unique and special responsibilities of
the courts and judicial branch agencies in the administration of
justice, decisions regarding any of the following matters shall not
be included within the scope of representation:
   (1) The merits and administration of the court system and judicial
branch agencies.
   (2) Coordination, consolidation, and merger of courts, judicial
branch agencies, and the support staff of those courts and agencies.
   (3) Automation, including, but not limited to, fax filing,
electronic recording, and implementation of information systems.
   (4) Design, construction, and location of court or judicial branch
facilities.
   (5) Delivery of court or judicial branch services.
   (6) Hours of operation of the courts, court system, and judicial
branch agencies.
   (b) The impact of the matters described in subdivision (a) shall
be included within the scope of representation as those matters
affect wages, hours, and terms and conditions of employment of
Judicial Council employees. The Administrative Director of the
Courts, or his or her designated representative, shall meet and
confer in good faith with respect to that impact.
   68533.  The Public Employment Relations Board, in determining
appropriate bargaining units, shall not include Judicial Council
employees in a bargaining unit that includes other employees.