Bill Text: CA SB1344 | 2019-2020 | Regular Session | Introduced

California Senate Bill 1344 (Prior Session Legislation)

Introduced

Bill Title: University of California: Higher Education Employer-Employee Relations Act.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2020-03-12 - Referred to Com. on L., P.E. & R. [SB1344 Detail]

Download: California-2019-SB1344-Introduced.html

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Senate Bill

No. 1344

Introduced by Senator Pan

February 21, 2020

An act to amend Section 3572.3 of the Government Code, relating to the University of California.

LEGISLATIVE COUNSEL'S DIGEST

SB 1344, as introduced, Pan. University of California: Higher Education Employer-Employee Relations Act.

Existing law, known as 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, as defined to mean 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. The act prohibits higher education employers from, among other things, denying to employee organizations rights that are guaranteed under the act, refusing or failing to engage in meeting and conferring with an exclusive representative of employees, and dominating or interfering with the formation or administration of any employee organization, as specified. A provision of the act applicable only to the University of California sets forth requirements relating to the duty of meeting and conferring in a timely manner.

This bill would additionally prohibit the University of California, on and after January 1, 2020, during or in relation to a labor dispute, from canceling an employee’s, dependent’s, or other person’s health insurance coverage, deeming an employee, dependent, or other person ineligible for health insurance coverage, withholding payment of the higher education employer’s share of an employee’s health insurance premium, or taking any other action that would increase the number of employees who are dependent on Medi-Cal coverage for their health care.

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

The people of the State of California do enact as follows:

SECTION 1.

Section 3572.3 of the Government Code is amended to read:

3572.3.

This section shall apply only to the University of California.

(a) (1) The duty to engage in meeting and conferring requires the parties to begin meeting and conferring at least 60 days prior to the expiration of memoranda of understanding, or the May 1, if earlier, of any year in which a memorandum shall expire, or May 1, if there is no existing memorandum. The University of California and Hastings College of the Law shall maintain close liaison with the Department of Finance and the Legislature relative to the meeting and conferring on provisions of the written memoranda which have fiscal ramifications.

(2) No written memoranda reached pursuant to the provisions of this chapter which require budgetary or curative action by the Legislature or other funding agencies shall be effective unless and until such an action has been taken. Following execution of written memoranda of understanding, an appropriate request for financing or budgetary funding in the aggregate for all state-funded employees or for necessary legislation will be forwarded promptly to the Legislature and the Governor or other funding agencies. When memoranda require legislative action pursuant to this section, if the Legislature or the Governor fail to fully fund the memoranda or to take the requisite curative action, the entire memoranda shall be referred back to the parties for further meeting and conferring; provided, however, that the parties may agree that provisions of the memoranda which are nonbudgetary and do not require funding shall take effect whether or not the aggregate funding requests submitted to the Legislature are approved. The Legislature recognizes that the University of California’s sources of funding are multiple and approval by the Legislature, and by other public agencies, as to employees funded by those agencies, may be required prior to implementation of increased expenditures resulting from agreements reached in accordance with the provisions of this chapter.

(b) (1) The Legislature finds and declares both of the following:
(A) The University of California operates one of the largest health care delivery systems in the State of California, and the University of California is also one of the largest employers in the state, offering medical and other health care benefits to hundreds of thousands of employees and retirees.
(B) The stability of medical and other health care benefit coverage to those employees and retirees is a matter of statewide concern.
(2) Therefore, it is the intent of the Legislature to prohibit, in addition to those unfair practices proscribed by Section 3571, the activities referenced in subdivision (c).
(c) On or after January 1, 2020, it shall be unlawful for the University of California, during or in relation to a labor dispute, to do any of the following:
(1) Cancel the medical or other health care benefit coverage for any employee, dependent, or other person enrolled in any medical or other health benefit plan sponsored, administered, or otherwise offered by the University of California.
(2) Deem any employee, dependent, or other person ineligible for continued coverage by any medical or other health care benefit plan sponsored, administered, or otherwise offered by the University of California.
(3) Withhold payment of the employer’s share of any medical or other health care benefit plan premium or fail to collect the employer’s share of any medical or other health care insurance premium from any affiliated employer.
(4) Take any other action that would increase the number of University of California employees dependent on Medi-Cal for their health benefits.
(5) Threaten to take any of the actions specified in this section.
(d) The provisions of this section are severable. If any provision of this section or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.