California 2015-2016 Regular Session Status: To Executive

SB 950 — Excluded employees: arbitration.

Last action — In Senate. Consideration of Governor's veto pending.

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed Assembly
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2015-2016 Regular Session. It reached “To Executive” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

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.

Bill Text

Action History

  1. In Senate. Consideration of Governor's veto pending.

  2. Vetoed by the Governor.

  3. Enrolled and presented to the Governor at 5 p.m.

  4. Assembly amendments concurred in. (Ayes 39. Noes 0. Page 5496.) Ordered to engrossing and enrolling.

  5. Ordered to special consent calendar.

  6. In Senate. Concurrence in Assembly amendments pending.

  7. Read third time. Passed. (Ayes 75. Noes 1. Page 6058.) Ordered to the Senate.

  8. Read second time. Ordered to third reading.

  9. From committee: Do pass. (Ayes 20. Noes 0.) (August 11).

  10. August 3 set for first hearing. Placed on APPR. suspense file.

  11. Read second time and amended. Re-referred to Com. on APPR.

  12. From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 10. Noes 0.) (June 28).

  13. From committee: Do pass and re-refer to Com. on JUD. (Ayes 6. Noes 0.) (June 22). Re-referred to Com. on JUD.

  14. Referred to Coms. on P.E., R., & S.S. and JUD.

  15. In Assembly. Read first time. Held at Desk.

  16. Read third time. Passed. (Ayes 39. Noes 0. Page 4038.) Ordered to the Assembly.

  17. Read second time. Ordered to third reading.

  18. From committee: Do pass. (Ayes 7. Noes 0. Page 4000.) (May 27).

  19. Set for hearing May 27.

  20. May 9 hearing: Placed on APPR. suspense file.

  21. Set for hearing May 9.

  22. May 2 set for first hearing canceled at the request of author.

  23. From committee with author's amendments. Read second time and amended. Re-referred to Com. on APPR.

  24. Set for hearing May 2.

  25. From committee: Do pass and re-refer to Com. on APPR. (Ayes 7. Noes 0. Page 3610.) (April 19). Re-referred to Com. on APPR.

  26. Set for hearing April 19.

  27. From committee: Do pass and re-refer to Com. on JUD. (Ayes 5. Noes 0. Page 3497.) (April 11). Re-referred to Com. on JUD.

  28. Set for hearing April 11.

  29. From committee with author's amendments. Read second time and amended. Re-referred to Com. on P.E. & R.

  30. Referred to Coms. on P.E. & R. and JUD.

  31. From printer. May be acted upon on or after March 6.

  32. Introduced. Read first time. To Com. on RLS. for assignment. To print.

Sponsors

  • Nielsen · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 121 not signed on · 1 voted No

Sponsors (1)

  • Nielsen

Co-sponsors (0)

None.

Not signed on (121)

121 members have not signed on to this bill.

Show all 121 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Special Consent

Passed 39 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 36000
Democratic 3000
Total 39000
% of votes cast 100%0%0%0%
How each member voted (39)
Member Party Vote
Anderson — Yea
Bates — Yea
Hertzberg — Yea
Hill — Yea
Leyva — Yea
Pan — Yea
Wieckowski — Yea
Fuller — Yea
Galgiani — Yea
Cannella — Yea
Allen — Yea
Mitchell — Yea
De León — Yea
Glazer — Yea
Hall — Yea
Hancock — Yea
Hernandez — Yea
Beall — Yea
Block — Yea
Hueso — Yea
Huff — Yea
Lara — Yea
Leno — Yea
Liu — Yea
Mendoza — Yea
Monning — Yea
Moorlach — Yea
Morrell — Yea
Nielsen — Yea
Pavley — Yea
Roth — Yea
Vidak — Yea
Wolk — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
Mark Stone — Yea
Jackson, Corey A. Democratic Yea
McGuire, Mike Democratic Yea
Nguyen, Stephanie Democratic Yea

Official roll call →

SB 950 Nielsen Senate Third Reading By BONTA

Passed 75 Yea · 1 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 66103
Democratic 5000
Republican 4001
Total 75104
% of votes cast 94%1%0%5%
How each member voted (80)
Member Party Vote
Achadjian — Yea
Alejo — Yea
Baker — Yea
Bloom — Yea
Brough — Not Voting
Brown — Yea
Jones-Sawyer — Yea
Kim — Yea
Maienschein — Yea
Mathis — Yea
Melendez — Not Voting
Obernolte — Yea
Quirk — Yea
Rodriguez — Yea
Thurmond — Yea
Waldron — Yea
Williams — Yea
Frazier — Yea
Gatto — Yea
Harper — Yea
Low — Yea
Salas — Yea
Chávez — Yea
Olsen — Yea
Burke — Yea
Bonilla — Yea
Eggman — Yea
Gomez — Yea
Gordon — Yea
Hadley — Yea
Gray — Yea
Holden — Yea
Lopez — Yea
Levine — Yea
Linder — Yea
Mayes — Yea
McCarty — Yea
Medina — Yea
Campos — Yea
Atkins — Yea
Mullin — Yea
Nazarian — Yea
O'Donnell — Yea
Bigelow — Yea
Chang — Yea
Chau — Yea
Chiu — Yea
Chu — Yea
Cooley — Yea
Cooper — Yea
Dababneh — Yea
Daly — Yea
Dodd — Yea
Rendon — Yea
Ridley-Thomas — Yea
Santiago — Yea
Steinorth — Yea
Ting — Yea
Wagner — Yea
Weber — Yea
Wilk — Yea
Wood — Yea
Beth Gaines — Yea
Cristina Garcia — Yea
Eduardo Garcia — Yea
Jim Patterson — Yea
Lorena Gonzalez — Yea
Mark Stone — Yea
Roger Hernández — Not Voting
Travis Allen — Nay
Arambula, Joaquin Democratic Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Gipson, Mike A. Democratic Yea
Irwin, Jacqui Democratic Yea
Dahle, Megan Republican Not Voting
Gallagher, James Republican Yea
Grove, Shannon Republican Yea
Jones, Brian W. Republican Yea
Lackey, Tom Republican Yea

Official roll call →

Do pass.

Passed 20 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 16000
Republican 2000
Democratic 2000
Total 20000
% of votes cast 100%0%0%0%
How each member voted (20)
Member Party Vote
Holden — Yea
Santiago — Yea
Wagner — Yea
Eggman — Yea
Chang — Yea
Daly — Yea
Bigelow — Yea
Bloom — Yea
Bonilla — Yea
McCarty — Yea
Obernolte — Yea
Quirk — Yea
Weber — Yea
Wood — Yea
Eduardo Garcia — Yea
Lorena Gonzalez — Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Gallagher, James Republican Yea
Jones, Brian W. Republican Yea

Official roll call →

3rd Reading

Passed 39 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 36001
Democratic 3000
Total 39001
% of votes cast 98%0%0%3%
How each member voted (40)
Member Party Vote
Anderson — Yea
Bates — Yea
Block — Yea
Hueso — Yea
Mendoza — Yea
Cannella — Yea
Hill — Yea
Allen — Yea
Pan — Yea
Mitchell — Yea
De León — Yea
Glazer — Yea
Runner — Not Voting
Hancock — Yea
Hernandez — Yea
Beall — Yea
Hertzberg — Yea
Huff — Yea
Lara — Yea
Leno — Yea
Leyva — Yea
Liu — Yea
Monning — Yea
Moorlach — Yea
Morrell — Yea
Nielsen — Yea
Pavley — Yea
Roth — Yea
Vidak — Yea
Wieckowski — Yea
Wolk — Yea
Fuller — Yea
Galgiani — Yea
Hall — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
Mark Stone — Yea
Jackson, Corey A. Democratic Yea
McGuire, Mike Democratic Yea
Nguyen, Stephanie Democratic Yea

Official roll call →

Do pass

Passed 7 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 6000
Democratic 1000
Total 7000
% of votes cast 100%0%0%0%
How each member voted (7)
Member Party Vote
Hill — Yea
Lara — Yea
Nielsen — Yea
Bates — Yea
Beall — Yea
Mendoza — Yea
McGuire, Mike Democratic Yea

Official roll call →

Placed on suspense file

Passed 6 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 5001
Democratic 1000
Total 6001
% of votes cast 86%0%0%14%
How each member voted (7)
Member Party Vote
Mendoza — Yea
Nielsen — Yea
Hill — Yea
Lara — Yea
Bates — Not Voting
Beall — Yea
McGuire, Mike Democratic Yea

Official roll call →

Subjects

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Frequently asked questions

What does SB 950 do?
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.
Who sponsors SB 950?
SB 950 is sponsored by Nielsen.
What is the current status of SB 950?
This bill died with 2015-2016 Regular Session. It reached “To Executive” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track SB 950?
Track SB 950 free on One Click Politics — get push/email alerts when it moves.

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