By: @Aaron Avery
As the 2023-2024 Legislative Session continues, CSDA has taken new oppose positions on five major labor and employment bills. This legislation may have significant negative impacts on local government operations and budgets.
Employee Vacancy and Contracting Out
Three bills opposed by CSDA and its coalition partners pertain to high employee vacancy rates as well local governments’ ability to contract out for special services. These three bills will be heard in the Assembly Public Employment and Retirement Committee on April 17, following a 9:00 a.m. informational hearing, with public comment, titled Public Service Delivery and Workforce Wellbeing - Addressing the Vacancy Crisis in Local Government:
AB 2557 (Ortega) Local agencies: contracts for special services and temporary help: performance reports.
AB 2489 (Ward) Local agencies: contracts for special services and temporary help.
These are two similar bills that appear to impair, and functionally prevent, special districts from exercising statutory authority to enter into contracts for special services and advice in financial, economic, accounting, engineering, legal, or administrative matters, including payroll checks, pursuant to Gov. Code Section 50630. The bills contain portions applicable just to counties or cities, but most of the bills' provisions apply to cities, counties, and special districts (special districts have a narrower set of authorized special services under statute).
When contracting out of for special services that were previously performed in-house by unionized employees within the past 10 years, 10 months’ notice must be given to the union. AB 2557 requires detailed data from the vendor and performance reports, as well as opportunities for the union to weigh in on contractor performance and payment, as specified. AB 2489 applies to the same special services, contains the same lookback and notification requirements, adds transit operations to the list of special services, and requires vendors to have the same standards for those contracted to do the work as the in house employees did.
Both bills contain California Public Records Act requirements for specified contractor records. As to both bills, the effect is clearly to disincentivize contracting.
AB 2561 (McKinnor) Local public employees: vacant positions.
AB 2561 (McKinnor) pertains to filling vacant positions and interferes with management's control of staffing decisions, and decisions to fill or not fill vacancies.
This bill requires each public agency with bargaining unit vacancy rates exceeding 10 percent for more than 90 days within the past 180 days to promptly meet and confer with an employee representative to produce, publish, and implement a plan, with several specified substantive components, to fill all vacant positions within the subsequent 180 days.
The AB 2561-mandated plan shall address the identified problems in retention and recruitment, and propose specific, measurable, and achievable objectives, including a timeline the public agency will take to make progress toward filling remaining vacancies in specified ways. The public agency shall present this plan during a public hearing to the governing legislative body, and shall implement the plan. The public agency shall publish the plan, including specified findings, on its internet website for public review for at least one year.
CSDA is part of broad local government coalitions opposing ABs 2557, 2489, and 2561. Oppositions letters for each of the bills, respectively, may be viewed here, here, and here.
Employee Strikes and “Right to Disconnect”
On April 17, the Assembly Public Employment and Retirement Committee will also hear AB 2404 [Lee] State and local public employees: labor relations: strikes. This bill is largely a reintroduction of last year's AB 504 (Reyes), incorporating amendments taken to that bill last year. CSDA had an oppose position on AB 504, which was vetoed. Like last year, CSDA has aligned with a local government oppose coalition seeking amendments to AB 504, primarily in connection with co-located public services.
CSDA’s coalition oppose letter may be viewed here.
AB 2751 [Haney] Employer communications during nonworking hours, will be heard in the Assembly Labor and Employment Committee on April 17 at 1:30 p.m.
Highlights from the bill include:
- An employer shall establish a workplace policy that provides employees the right to disconnect from communications from the employer during nonworking hours.
- Nonworking hours shall be established by written agreement between an employer and employee.
- An employer may contact an employee during nonworking hours for an emergency or for scheduling, as specified.
- An employee may file a complaint of a pattern of violation of this section with the Labor Commissioner.
- Does not apply to an employee who is covered by a valid collective bargaining agreement (CBA).
CSDA’s coalition oppose letter may be viewed here.
Other significant labor and employment bills introduced in 2024, on which CSDA is actively engaged, include:
AB 2421 [Low] Employer-employee relations: confidential communications.
This bill would create an employee-union representative privilege in the context of California public employment, as specified, in connection with public agency employers, the state, local schools, higher education, and Bay Area Rapid Transit District.
CSDA’s coalition oppose letter may be viewed here.
SB 1116 [Portantino] Unemployment insurance: trade disputes: eligibility for benefits.
This bill would provide unemployment benefits to workers who are currently employed, and not seeking other employment, but who are on strike. In the event of a strike that lasts over two weeks, SB 1116 would allow all striking workers to claim unemployment benefits. This bill is a reintroduction of SB 799 (Portantino, 2023), which CSDA opposed. That bill was vetoed.
CSDA is leading the local government and school coalition opposing this bill. CSDA’s coalition oppose letter may be viewed here.
Stay tuned to CSDA eNews and Advocacy News for additional updates.
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