Tina McKinnor
- Democratic
- Assemblymember
- District 61
Author
Existing law, the Ralph C. Dills Act (Dills Act) , governs collective bargaining between the state and recognized state public employee organizations. Existing law excludes certain employees from coverage under the Dills Act, including, among others, managerial employees, supervisory employees, and confidential employees, as defined. Existing law creates the Public Employment Relations Board and authorizes it, among other things, to determine appropriate state employee bargaining units, as specified. This bill would enact the Legislature Employer-Employee Relations Act, to provide employees of the Legislature, except certain specified categories of excluded employees, 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. The bill would prescribe rights, duties, and prohibitions in this context that parallel those in the Dills Act. For the purposes of bargaining or meeting and conferring in good faith, the bill would define "employer" to mean the Assembly Committee on Rules or the Senate Committee on Rules. The bill would require the employer to meet and confer with representatives of recognized employee organizations regarding matters within the scope of representation. The bill would exclude certain matters from the scope of representation, as specified. The bill would grant exclusive jurisdiction to the Public Employment Relations Board to make an initial determination as to whether charges of unfair practices are justified, and, if so, the necessary remedy, as specified. However, the bill would prohibit the board from issuing a decision or order that intrudes upon or interferes with the Legislature's core function of efficient and effective lawmaking or the essential operation of the Legislature. The bill would require the board to determine appropriate bargaining units, and would prohibit the board from including employees in a bargaining unit that includes employees other than those of the employer. The bill would prohibit the board from including within a bargaining unit employees from both the Assembly and Senate. This bill would make it a misdemeanor for any person to willfully resist, prevent, impede, or interfere with any member of the board, or any of its agents, in the performance of duties pursuant to its provisions. By expanding the definition of a crime, this bill would impose a state-mandated local program. The bill would provide that the provisions of the Legislature Employer-Employee Relations Act are severable. The bill would become operative on July 1, 2026. 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 no reimbursement is required by this act for a specified reason. This bill would additionally exempt from public inspection records related to activities governed by the Legislature Employer-Employee Relations Act that reveal the employer's deliberative processes, impressions, evaluations, opinions, recommendations, meeting minutes, research, work product, theories, or strategy, or that provide instruction, advice, or training to employees who do not have full collective bargaining and representation rights under the Legislature Employer-Employee Relations Act. Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest. This bill would make legislative findings to that effect.
Chaptered by Secretary of State - Chapter 313, Statutes of 2023.
Approved by the Governor.
Enrolled and presented to the Governor at 4 p.m.
Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 71. Noes 5. Page 3428.).
Read third time. Passed. Ordered to the Assembly. (Ayes 30. Noes 3. Page 2650.).
In Assembly. Concurrence in Senate amendments pending.
Read second time. Ordered to third reading.
Read third time and amended. Ordered to second reading.
Read second time. Ordered to third reading.
From committee: Do pass. (Ayes 5. Noes 2.) (September 1).
In committee: Hearing postponed by committee.
Read second time and amended. Re-referred to Com. on APPR.
From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 9. Noes 1.) (July 11).
From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on JUD.
From committee: Do pass and re-refer to Com. on JUD. (Ayes 4. Noes 0.) (June 28). Re-referred to Com. on JUD.
Referred to Coms. on L., P.E. & R. and JUD.
In Senate. Read first time. To Com. on RLS. for assignment.
Read third time. Passed. Ordered to the Senate. (Ayes 68. Noes 5. Page 1786.)
Read second time. Ordered to third reading.
From committee: Amend, and do pass as amended. (Ayes 12. Noes 3.) (May 18).
Read second time and amended. Ordered returned to second reading.
In committee: Set, first hearing. Referred to APPR. suspense file.
From committee: Do pass and re-refer to Com. on APPR. (Ayes 6. Noes 1.) (April 26). Re-referred to Com. on APPR.
Measure version as amended on April 17 corrected.
From committee chair, with author's amendments: Amend, and re-refer to Com. on P.E. & R. Read second time and amended.
From printer. May be heard in committee January 5.
Read first time. To print.
| Bill Text Versions | Format |
|---|---|
| AB1 | HTML |
| 12/05/22 - Introduced | |
| 04/17/23 - Amended Assembly | |
| 05/18/23 - Amended Assembly | |
| 07/03/23 - Amended Senate | |
| 07/13/23 - Amended Senate | |
| 09/08/23 - Amended Senate | |
| 09/18/23 - Enrolled | |
| 10/07/23 - Chaptered |
| Document | Format |
|---|---|
| 04/24/23- Assembly Committee on Public Employment and Retirement | |
| 05/08/23- Assembly Appropriations | |
| 05/24/23- ASSEMBLY FLOOR ANALYSIS | |
| 06/27/23- Senate Committee on Labor, Public Employment and Retirement | |
| 07/10/23- Senate Judiciary | |
| 08/25/23- Senate Appropriations | |
| 09/04/23- Sen. Floor Analyses | |
| 09/11/23- Sen. Floor Analyses | |
| 09/13/23- ASSEMBLY FLOOR ANALYSIS |
Data on Open States is updated periodically throughout the day from the official website of the California State Legislature.
If you notice any inconsistencies with these official sources, feel free to file an issue.