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AB 1339 Expands Background Check Law

Current state law requires an employer to provide the full personnel records of any employee or former employee who applies for a peace officer position. (Gov. Code §1031.1.) AB 1339, which was signed by the Governor on July 21, 2017, extends this obligation to any applicant for any position in a law enforcement agency. The intent behind this bill is that current law leaves a gap for positions such as a police dispatcher or evidence clerk. Although these are not peace officer positions, these are still sensitive positions in a law enforcement agency. Under AB 1339, if an employee or…

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FAQs on AB 119 – California’s New Employee Orientation Law (Part II)

This is Part II of my FAQ’s related to AB 119.  (Click here for Part 1.) The basics of the bill have been covered in many other places so my focus here is on some of the more technical aspects of the bill.

How does the bargaining process work? AB 119 provides that an employer shall provide the exclusive representative access to the employer’s new employee orientations. The details of this access are left to negotiations between the parties. Either party may request to begin negotiations. (GC 3557(a).) If negotiations are unsuccessful, the bill provides that any remaining disputes are to be resolved through compulsory interest arbitration. (Ibid.)

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FAQs on AB 119 – California’s New Employee Orientation Law (Part I)

By now you’ve heard of the passage of AB 119 which mandates union access to new employee orientations. There is a lot of information out there about this bill, but I know that there are still many questions. I’m going to try to cover some of the most frequently asked questions in a series of posts.

When do I need to begin complying with AB 119?  Now. Most bills take effect on January 1st. However, AB 119 is part of the “Budget Bill” (Cal. Const. , Art IV, §12) which means it takes effect immediately.

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SB 104: Mandates Union Access to Employee Orientations

Last year, in response to Friedrichs v. California Teachers Association, public sector unions introduced AB 2835 which would have mandated that public employers provide an “orientation” to new employees during which time the union would be entitled to make a 30-minute presentation.  That bill failed to make it out of the Senate. This year, AB 52 was introduced which would have similarly required that public employers provide new employees an orientation during which time the union would be entitled to participate.  That bill never made it out of the Assembly. However, it appears that public sector union advocates may have…

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Mark Gregersen Designated Chair of PERB

The Governor has designated PERB Member Mark Gregersen as the Chair of PERB. The prior Chair, Anita Martinez, retired in July of 2016.  Since that time the position of Chair has been vacant. The Board remains at three members: Chair Gregersen, Member Priscilla Winslow and Member Eric Banks. Two Board member positions are vacant.

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