Bill Text: CA SB950 | 2015-2016 | Regular Session | Amended

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

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Bill Title: Excluded employees: arbitration.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Vetoed) 2016-11-30 - Last day to consider Governor's veto pursuant to Joint Rule 58.5. [SB950 Detail]

Download: California-2015-SB950-Amended.html

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BILL NUMBER: SB 950	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  JUNE 29, 2016
	AMENDED IN SENATE  APRIL 27, 2016
	AMENDED IN SENATE  MARCH 31, 2016

INTRODUCED BY   Senator Nielsen

                        FEBRUARY 4, 2016

   An act to add Chapter 10.6 (commencing with Section 3539.75) to
Division 4 of Title 1 of the Government Code, relating to state
employees.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 950, as amended, Nielsen. Excluded employees: arbitration.
   The Bill of Rights for State Excluded Employees permits, among
other things, excluded employee organizations to represent their
excluded members in their employment relations, including grievances,
with the state. That law defines excluded employees as all
managerial employees, confidential employees, supervisory employees,
and specified employees of the Department of Personnel
Administration, the Department of Finance, the Controller's office,
the Legislative Counsel Bureau, the Bureau of State Audits, the
Public Employment Relations Board, the Department of Industrial
Relations, and the State Athletic Commission.
   This bill would enact the Excluded Employee Arbitration Act to
permit an employee organization that represents an excluded employee
who has filed certain grievances with the Department of Human
Resources (CalHR) to request arbitration of the grievance if
specified conditions are met. The bill would require the designation
of a standing panel of arbitrators, and, under specified
circumstances, the provision of arbitrators from the California State
Mediation and Conciliation Service within the Department of
Industrial Relations. The bill would then require the arbitrator to
be chosen in a specified manner, and would prescribe the duties of
that arbitrator.  The bill would provide that a party to the
arbitration has the right to have a certified shorthand reporter
transcribe the proceeding and that the transcription would be the
official record of the proceeding.  The bill would also require
the losing party to bear the costs of arbitration,  including the
cost of a certified shorthand reporter,  except that the bill
would prohibit the arbitrator from ordering the excluded employee to
pay the costs of arbitration and would prohibit the costs of
arbitration from being passed on to the excluded employee. The bill
would make a statement of legislative intent with regard to the
above.
   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.  It is the intent of the Legislature that state excluded
employees shall have the right to arbitration as a fifth step to the
excluded employee grievance procedure. The present grievance
procedure leaves too many grievances unresolved. This lack of
resolution has caused more cases to be filed in California's courts,
which  should   could  have been resolved
at a lower level.
  SEC. 2.  Chapter 10.6 (commencing with Section 3539.75) is added to
Division 4 of Title 1 of the Government Code, to read:
      CHAPTER 10.6.  EXCLUDED EMPLOYEE ARBITRATION ACT


   3539.75.  This chapter shall be known, and may be cited, as the
Excluded Employee Arbitration Act.
   3539.76.  For purposes of this chapter:
   (a) "Department" means the Department of Human Resources (CalHR).
   (b) "Excluded employee" means an excluded employee of the state,
as defined in subdivision (b) of Section 3527.
   (c) "Employee organization" means any organization that represents
excluded employees of the State of California.
   (d) "Employer" means the State of California.
   (e) "Arbitration" means the binding ruling that resolves an
excluded employee grievance at the fifth level of the excluded
employee grievance process.
   3539.77.  An employee organization representing an employee who
has filed a grievance with the department may request arbitration of
the grievance if all of the following conditions are met:
   (a) The grievance alleges a violation of Title 2 of the California
Code of Regulations.
   (b) The grievance has not been resolved to the employee
organization's satisfaction after either of the following, as
applicable, pursuant to regulations of the department governing
grievances for excluded employees:
   (1) The fourth level of review.
   (2) In cases where there is no fourth level of review, the third
level of review.
   (c) The employee organization requests arbitration in writing,
submitted to the department, within 21 days of a decision rendered in
either of the following, as applicable:
   (1) The fourth level of review.
   (2) In cases where there is no fourth level of review, the third
level of review.
   3539.78.  (a) After a request for arbitration is made, the
department and the employee organization shall designate a standing
panel of at least 20 arbitrators who shall be available for
arbitration under this chapter.
   (b) If there are fewer than three arbitrators available, then the
employee organization or the employer may obtain the names of an
additional five arbitrators from the California State Mediation and
Conciliation Service within the Department of Industrial Relations.
   (c) From that standing panel, the employee organization and the
employer may consecutively strike any arbitrator from that panel
until the name of one arbitrator is agreed upon, or, if no agreement
is made, the last remaining person on the panel shall be designated
the arbitrator. The name of that arbitrator shall be submitted in
writing to the department.
   (d) If the employee organization does not submit its choice of an
arbitrator within 45 days after requesting arbitration, the request
for arbitration shall be considered withdrawn.  A request that is
withdrawn shall not prevent the employee from pursuing other
grievance procedures available by law. 
   3539.79.  (a)  A party to the arbitration shall have the right
to have a certified shorthand reporter transcribe the proceeding.
The transcript shall be the official record of the proceeding. 
    (b)     The arbitrator shall apply
California law to the facts.  The arbitrator shall issue a
decision for each grievance heard during the arbitration. The
decision shall be based solely on the written record in the
grievance, the grievance response, and the oral presentations made at
the arbitration. The arbitrator's decision shall be legally binding.

   (b) 
    (c)  The arbitrator shall issue a written decision
within 45 days of the conclusion of the hearing. 
   (c) 
    (d)  The arbitrator shall order the nonprevailing party
to pay the cost of the  arbitration.  
arbitration, including the cost of a certified shorthand reporter.
 The arbitrator shall not order the excluded employee to pay the
cost of  arbitration,   arbitration or the cost
of a certified shorthand reporter, and the cost of 
arbitration   arbitration, including the cost of a
certified shorthand reporter,  shall not be passed on to the
excluded employee.