Bill Text: CA AB2495 | 2011-2012 | Regular Session | Amended
Bill Title: Public employees: fair share payments.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2012-07-05 - From committee without further action pursuant to Joint Rule 62(a). [AB2495 Detail]
Download: California-2011-AB2495-Amended.html
BILL NUMBER: AB 2495 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MARCH 29, 2012
INTRODUCED BY Assembly Member Grove
FEBRUARY 24, 2012
An act to amend Section 20305 3515.7
of the Government Code, relating to public employees'
retirement employees .
LEGISLATIVE COUNSEL'S DIGEST
AB 2495, as amended, Grove. Public employees' retirement:
exclusions. employees: fair share payments.
Existing law provides that once an employee organization is
recognized as the exclusive representative of an appropriate unit, it
may enter into an agreement with the state employer providing for
organizational security in the form of maintenance of membership or
fair share fee deduction. Existing law requires the state to deduct
the amount specified by the recognized employee organization from the
salary or wages of every employee for the membership fee or the fair
share fee and to remit these fees monthly to the recognized employee
organization.
This bill would authorize any employee subject to a fair share fee
to instead instruct the state to deduct and pay sums equal to the
fair share fee to a retirement savings plan of the employee's
choosing, except as specified.
Existing law creates the Public Employees' Retirement System
(PERS), which provides a defined benefit to its members based on age
at retirement, service credit, and final compensation. Existing law
establishes the criteria for membership in PERS and excludes from
membership an employee whose appointment or employment contract does
not fix a term of full-time, continuous employment in excess of 6
months, unless, among other exceptions, the person is employed by the
Department of Forestry and Fire Protection in one of the positions
that provides state safety membership or state peace
officer/firefighter membership, as specified.
This bill would make a technical, nonsubstantive change to that
provision.
Vote: majority. Appropriation: no. Fiscal committee: no
yes . State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 3515.7 of the
Government Code is amended to read:
3515.7. (a) Once an employee organization is recognized as the
exclusive representative of an appropriate unit it may enter into an
agreement with the state employer providing for organizational
security in the form of maintenance of membership or fair share fee
deduction.
(b) The state employer shall furnish the recognized employee
organization with sufficient employment data to allow the
organization to calculate membership fees and the appropriate fair
share fees, and shall deduct the amount specified by the recognized
employee organization from the salary or wages of every employee for
the membership fee or the fair share fee. These fees shall be
remitted monthly to the recognized employee organization along with
an adequate itemized record of the deductions, including, if required
by the recognized employee organization, machine readable data. Fair
share fee deductions shall continue until the effective date of a
successor agreement or implementation of the state's last, best, and
final offer, whichever occurs first. The Controller shall retain,
from the fair share fee deduction, an amount equal to the cost of
administering this section. The state employer shall not be liable in
any action by a state employee seeking recovery of, or damages for,
improper use or calculation of fair share fees.
(c) (1) Notwithstanding subdivision (b), any
employee who is a member of a religious body whose traditional
tenets or teachings include objections to joining or financially
supporting employee organizations shall not be required to
financially support the recognized employee organization. That
employee, in lieu of a membership fee or a fair share fee deduction,
shall instruct the employer to deduct and pay sums equal to the fair
share fee to a nonreligious, nonlabor organization, charitable fund
approved by the California Victim Compensation and Government Claims
Board for receipt of charitable contributions by payroll deductions.
(2) Notwithstanding subdivision (b), any employee subject to a
fair share fee shall have the right, in lieu of a fair share
deduction, to instruct the employer to deduct and pay sums equal to
the fair share fee to a retirement savings plan of the employee's
choosing. If this paragraph is in conflict with a memorandum of
understanding that is in effect on January 1, 2013, the memorandum of
understanding shall be controlling while it remains in effect.
Thereafter, this paragraph shall apply and may not be superseded by a
subsequent memorandum of understanding.
(d) A fair share fee provision in a memorandum of understanding
that is in effect may be rescinded by a majority vote of all the
employees in the unit covered by the memorandum of understanding,
provided that: (1) a request for the vote is supported by a petition
containing the signatures of at least 30 percent of the employees in
the unit; (2) the vote is by secret ballot; and (3) the vote may be
taken at any time during the term of the memorandum of understanding,
but in no event shall there be more than one vote taken during the
term. If the board determines that the appropriate number of
signatures have been collected, it shall conduct the vote in a manner
that it shall prescribe. Notwithstanding this subdivision, the state
employer and the recognized employee organization may negotiate, and
by mutual agreement provide for, an alternative procedure or
procedures regarding a vote on a fair share fee provision.
(e) Every recognized employee organization that has agreed to a
fair share fee provision shall keep an adequate itemized record of
its financial transactions and shall make available annually, to the
board and to the employees in the unit, within 90 days after the end
of its fiscal year, a detailed written financial report thereof in
the form of a balance sheet and an operating statement, certified as
to accuracy by its president and treasurer or comparable officers. In
the event of failure of compliance with this section, any employee
in the unit may petition the board for an order compelling this
compliance, or the board may issue a compliance order on its own
motion.
(f) If an employee who holds conscientious objections pursuant to
subdivision (c) requests individual representation in a grievance,
arbitration, or administrative hearing from the recognized employee
organization, the recognized employee organization is authorized to
charge the employee for the reasonable cost of the representation.
(g) An employee who pays a fair share fee shall be entitled to
fair and impartial representation by the recognized employee
organization. A breach of this duty shall be deemed to have occurred
if the employee organization's conduct in representation is
arbitrary, discriminatory, or in bad faith.
SECTION 1. Section 20305 of the Government Code
is amended to read:
20305. (a) An employee whose appointment or employment contract
does not fix a term of full-time, continuous employment in excess of
six months is excluded from this system unless:
(1) He or she is a member at the time he or she renders that
service and is not otherwise excluded pursuant to this article or by
a provision of a contract.
(2) His or her position requires regular, part-time service for
one year or longer for at least an average of 20 hours a week, or
requires service that is equivalent to at least an average of 20
hours a week for one year or longer, unless he or she elects
membership pursuant to Section 20325.
(3) His or her employment is, in the opinion of the board, on a
seasonal, limited-term, on-call, emergency, intermittent, substitute,
or other irregular basis, and is compensated and meets one of the
following conditions:
(A) The appointment or employment contract does not fix a term of
full-time, continuous employment in excess of six months, but
full-time employment continues for longer than six months, in which
case membership shall be effective not later than the first day of
the first pay period of the seventh month of employment.
(B) The person completes 125 days, if employed on a per diem basis
or, if employed on other than a per diem basis, completes 1,000
hours within the fiscal year, in which case, membership shall be
effective not later than the first day of the first pay period of the
month following the month in which 125 days or 1,000 hours of
service were completed. For purposes of this subdivision, "day" means
each eight-hour period of employment worked by an employee paid on a
per diem basis so that membership is effective after he or she has
completed 1,000 hours of compensated service in a fiscal year.
(C) The person is employed by the Department of Forestry and Fire
Protection in one of the positions that provides state safety
membership pursuant to Section 20400 or state peace
officer/firefighter membership pursuant to Section 20392.
(4) He or she is a temporary faculty member of the California
State University and meets one of the following conditions:
(A) He or she works two consecutive semesters or three consecutive
quarters at half-time or more, and is not otherwise excluded
pursuant to this article, in which case, membership shall be
effective with the start of the next consecutive semester or quarter
if the appointment requires service of half-time or more.
(B) He or she works two consecutive semesters or three consecutive
quarters at a minimum teaching load of six weighted units, and is
not otherwise excluded pursuant to this article, in which case
membership shall be effective at the start of the next consecutive
semester or quarter, but not earlier than July 1, 2004, if the
appointment requires service of six weighted units or more. This
subparagraph does not apply to faculty members unless provided for in
a memorandum of understanding agreed upon, on or after January 1,
2003, pursuant to Chapter 12 (commencing with Section 3560) of
Division 4 of Title 1, or authorized by the Trustees of the
California State University for employees excluded from collective
bargaining.
(5) He or she is a member of the Board of Prison Terms, the State
Personnel Board, or the State Air Resources Board and elects to
become a member pursuant to Section 20320.
(6) He or she is participating in partial service retirement,
pursuant to Article 1.7 (commencing with Section 19996.30) of Chapter
7 of Part 2.6.
(7) He or she is included by specific provision of the board
relating to the exclusion of less than full-time employees.
(b) This section shall supersede any contract provision excluding
persons in any temporary or seasonal employment basis and shall apply
only to persons entering employment on and after January 1, 1975.
Except as provided in Section 20502, no contract or contract
amendment entered into after January 1, 1981, shall contain any
provision excluding persons on an irregular employment basis.
