Bill Text: CA AB2114 | 2019-2020 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Higher Education Employer-Employee Relations Act: procedures relating to employee termination or discipline.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Vetoed) 2020-08-29 - Read third time. Passed. Ordered to the Assembly. (Ayes 22. Noes 12. Page 4433.). [AB2114 Detail]

Download: California-2019-AB2114-Amended.html

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Amended  IN  Assembly  June 04, 2020

Amended  IN  Assembly  March 10, 2020

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill

No. 2114

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Introduced by Assembly Member Rodriguez

February 06, 2020

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

LEGISLATIVE COUNSEL'S DIGEST

AB 2114, as amended, Rodriguez. Higher Education Employer-Employee Relations Act: procedures relating to employee termination or discipline.

Existing law, 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 nonprobationary employees who are not members of the academic senate medical and dental interns and residents, persons in accredited resident physician subspecialty programs, and other post-medical doctor degree trainees in unaccredited programs to challenge a termination of employment or a disciplinary action by the employer, as provided. The bill would prohibit the application of that procedure to a termination of employment or disciplinary action based on certain academic or clinical matters, as defined.

Digest Key

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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Bill Text

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 higher education employer shall provide a procedure for all nonprobationary employees who are not members of the academic senate medical and dental interns and residents, persons in resident physician subspecialty programs accredited by the Accreditation Council for Graduate Medical Education, and other post-medical doctor degree 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 employer.

(2) A challenge by an employee described in paragraph (1) pursuant to this section shall be heard by an impartial hearing officer or arbitrator who 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 in an a licensed academic discipline or medical specialty.