California 2015-2016 Regular Session Status: To Executive

AB 874 — Collective bargaining: Judicial Council.

Last action — Vetoed by Governor.

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Assembly
  4. ✓
    Passed Senate
  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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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

Existing law, the Dills Act, governs collective bargaining between the state and recognized state public employee organizations. Existing law excludes certain employees from coverage under the Dills Act, including, among others, managerial employees, supervisory employees, and confidential employees, as defined. Existing law creates the Public Employment Relations Board and authorizes it, among other things, to determine appropriate state employee bargaining units, as specified. The California Constitution prescribes the membership of the California Supreme Court and requires the Legislature to create appellate court districts, all of which are vested with the judicial power of the state. The California Constitution prescribes the membership and duties of the Judicial Council and authorizes the council to appoint an Administrative Director of the Courts. Existing law creates the Habeas Corpus Resource Center for the purpose of providing representation to people who are convicted and sentenced to death in this state and who are without counsel. This bill would apply the Dills Act to employees of the Judicial Council, subject to specified exceptions. The bill would define an employee for these purposes as any employee of the Judicial Council, except managerial employees, confidential employees, supervisory employees, and excluded employees, as specified. The bill would grant the Judicial Council the sole authority to designate state employee positions as excluded positions and would prohibit exempted managerial, supervisory, confidential, and excluded positions from exceeding 13 of the total authorized Judicial Council positions as stated in the Department of Finance Salaries and Wages Supplement. The bill would prohibit review of the designation of excluded positions by the Public Employment Relations Board. The bill would also except from the definition of employee a judicial officer or employee of the Supreme Court, the courts of appeal, or the Habeas Corpus Resource Center. The bill would define the employer, for purposes of bargaining or meeting and conferring, as the Administrative Director of the Courts, or his or her designated representatives, acting with the authorization of the chairperson of the Judicial Council. The bill would provide that references in the Dills Act to actions or decisions by the Governor, or his or her designated representative, shall mean actions or decisions by the Administrative Director of the Courts. The bill would prohibit the Public Employment Relations Board from including Judicial Council employees in a bargaining unit that includes employees other than those of the Judicial Council.

Bill Text

Action History

  1. Vetoed by Governor.

  2. Enrolled and presented to the Governor at 4 p.m.

  3. Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 52. Noes 26. Page 6188.).

  4. In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 21 pursuant to Assembly Rule 77.

  5. Read third time. Passed. Ordered to the Assembly. (Ayes 25. Noes 12. Page 5116.).

  6. Read second time and amended. Ordered to third reading.

  7. From committee: Amend, and do pass as amended. (Ayes 5. Noes 2.) (August 11).

  8. In committee: Referred to APPR. suspense file.

  9. From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on APPR.

  10. From committee: Do pass and re-refer to Com. on APPR. (Ayes 5. Noes 2.) (June 21). Re-referred to Com. on APPR.

  11. From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on JUD.

  12. From committee: Do pass and re-refer to Com. on JUD. (Ayes 3. Noes 2.) (April 25). Re-referred to Com. on JUD.

  13. From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on P.E. & R.

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

  15. In Senate. Read first time. To Com. on RLS. for assignment.

  16. Read third time. Passed. Ordered to the Senate. (Ayes 52. Noes 25. Page 1783.)

  17. Read second time. Ordered to third reading.

  18. From committee: Do pass. (Ayes 12. Noes 5.) (May 28).

  19. In committee: Set, first hearing. Referred to APPR. suspense file.

  20. From committee: Do pass and re-refer to Com. on APPR. (Ayes 6. Noes 1.) (April 22). Re-referred to Com. on APPR.

  21. Re-referred to Com. on P.E., R., & S.S.

  22. From committee chair, with author's amendments: Amend, and re-refer to Com. on P.E., R., & S.S. Read second time and amended.

  23. Referred to Com. on P.E., R., & S.S.

  24. From printer. May be heard in committee March 29.

  25. Read first time. To print.

Sponsors

  • Rendon · Cosponsor
  • Santiago · Primary

Sponsorship breakdown

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1 sponsors · 1 co-sponsors · 120 not signed on · 12 voted No

Sponsors (1)

  • Santiago

Co-sponsors (1)

  • Rendon

Not signed on (120)

120 members have not signed on to this bill.

Show all 120 →

"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

Passed 52 Yea · 26 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 472102
Democratic 5000
Republican 0500
Total 522602
% of votes cast 65%33%0%3%
How each member voted (80)
Member Party Vote
Achadjian — Nay
Alejo — Yea
Bloom — Yea
Brough — Nay
Brown — Yea
Jones-Sawyer — Yea
Low — Yea
Maienschein — Nay
Mathis — Nay
Mullin — Yea
Olsen — Nay
Ridley-Thomas — Yea
Thurmond — Yea
Waldron — Nay
Williams — Yea
Eggman — Yea
Cooper — Yea
Daly — Yea
Gatto — Yea
Salas — Yea
Bonilla — Yea
Frazier — Yea
Gomez — Yea
Gordon — Not Voting
Gray — Yea
Harper — Nay
Lopez — Yea
Holden — Yea
Kim — Nay
Levine — Yea
Linder — Yea
Atkins — Yea
Mayes — Nay
McCarty — Yea
Medina — Yea
Burke — Yea
Melendez — Nay
Nazarian — Yea
Campos — Yea
O'Donnell — Yea
Chang — Not Voting
Baker — Nay
Bigelow — Nay
Chau — Yea
Chiu — Yea
Chu — Yea
Chávez — Nay
Cooley — Yea
Dababneh — Yea
Dodd — Yea
Obernolte — Nay
Quirk — Yea
Rendon — Yea
Rodriguez — Yea
Santiago — Yea
Steinorth — Nay
Ting — Yea
Wagner — Nay
Weber — Yea
Wilk — Nay
Wood — Yea
Hadley — Nay
Beth Gaines — Nay
Cristina Garcia — Yea
Eduardo Garcia — Yea
Jim Patterson — Nay
Lorena Gonzalez — Yea
Mark Stone — Yea
Roger Hernández — Yea
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 Nay
Gallagher, James Republican Nay
Grove, Shannon Republican Nay
Jones, Brian W. Republican Nay
Lackey, Tom Republican Nay

Official roll call →

Passed 25 Yea · 12 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 231102
Democratic 2100
Total 251202
% of votes cast 64%31%0%5%
How each member voted (39)
Member Party Vote
Anderson — Nay
Block — Yea
Hernandez — Yea
Leno — Yea
Moorlach — Nay
Wieckowski — Yea
Allen — Yea
Mitchell — Yea
De León — Yea
Fuller — Nay
Cannella — Not Voting
Galgiani — Yea
Hall — Yea
Hancock — Yea
Hertzberg — Yea
Hill — Yea
Hueso — Not Voting
Huff — Nay
Bates — Nay
Beall — Yea
Lara — Yea
Leyva — Yea
Liu — Yea
Mendoza — Yea
Monning — Yea
Morrell — Nay
Nielsen — Nay
Pan — Yea
Pavley — Yea
Roth — Yea
Vidak — Nay
Wolk — Yea
Glazer — Yea
Beth Gaines — Nay
Bill Berryhill — Nay
Mark Stone — Nay
Jackson, Corey A. Democratic Yea
McGuire, Mike Democratic Yea
Nguyen, Stephanie Democratic Nay

Official roll call →

Do pass as amended

Passed 5 Yea · 2 Nay
Party YeaNayPresentNot Voting
Unaffiliated 4200
Democratic 1000
Total 5200
% of votes cast 71%29%0%0%
How each member voted (7)
Member Party Vote
Hill — Yea
Lara — Yea
Nielsen — Nay
Bates — Nay
Beall — Yea
Mendoza — Yea
McGuire, Mike Democratic Yea

Official roll call →

Placed on suspense file

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
Bates — Yea
Mendoza — Yea
Hill — Yea
Lara — Yea
Beall — Yea
Nielsen — Yea
McGuire, Mike Democratic Yea

Official roll call →

Passed 52 Yea · 25 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 481903
Democratic 4000
Republican 0600
Total 522503
% of votes cast 65%31%0%4%
How each member voted (80)
Member Party Vote
Achadjian — Nay
Alejo — Yea
Bigelow — Nay
Bloom — Yea
Brough — Nay
Brown — Not Voting
Levine — Yea
Mathis — Nay
O'Donnell — Yea
Rodriguez — Yea
Thurmond — Yea
Waldron — Yea
Williams — Yea
Cooper — Yea
Frazier — Yea
Gatto — Yea
Bonilla — Yea
Eggman — Yea
Gordon — Not Voting
Gray — Yea
Lopez — Yea
Harper — Nay
Holden — Yea
Kim — Nay
Atkins — Yea
Linder — Yea
Burke — Yea
Maienschein — Nay
Mayes — Nay
McCarty — Yea
Campos — Yea
Melendez — Nay
Mullin — Yea
Baker — Nay
Chang — Nay
Chau — Yea
Chiu — Yea
Chu — Yea
Chávez — Not Voting
Cooley — Yea
Dababneh — Yea
Daly — Yea
Dodd — Yea
Nazarian — Yea
Obernolte — Nay
Olsen — Nay
Quirk — Yea
Ridley-Thomas — Yea
Santiago — Yea
Steinorth — Nay
Ting — Yea
Wagner — Nay
Weber — Yea
Wilk — Nay
Wood — Yea
Salas — Yea
Jones-Sawyer — Yea
Low — Yea
Medina — Yea
Perea — Yea
Rendon — Yea
Gomez — Yea
Gonzalez — Yea
Hadley — Nay
Beth Gaines — Nay
Cristina Garcia — Yea
Eduardo Garcia — Yea
Mark Stone — Yea
Roger Hernández — Yea
Travis Allen — Nay
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Gipson, Mike A. Democratic Yea
Irwin, Jacqui Democratic Yea
Dahle, Megan Republican Nay
Gallagher, James Republican Nay
Grove, Shannon Republican Nay
Jones, Brian W. Republican Nay
Lackey, Tom Republican Nay
Patterson, Joe Republican Nay

Official roll call →

Do pass.

Passed 12 Yea · 5 Nay
Party YeaNayPresentNot Voting
Unaffiliated 10300
Democratic 2000
Republican 0200
Total 12500
% of votes cast 71%29%0%0%
How each member voted (17)
Member Party Vote
Bigelow — Nay
Wagner — Nay
Wood — Yea
Eggman — Yea
Gomez — Yea
Gordon — Yea
Holden — Yea
Chang — Nay
Daly — Yea
Quirk — Yea
Rendon — Yea
Weber — Yea
Eduardo Garcia — Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Gallagher, James Republican Nay
Jones, Brian W. Republican Nay

Official roll call →

Subjects

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Frequently asked questions

What does AB 874 do?
Existing law, the Dills Act, governs collective bargaining between the state and recognized state public employee organizations. Existing law excludes certain employees from coverage under the Dills Act, including, among others, managerial employees, supervisory employees, and confidential employees, as defined. Existing law creates the Public Employment Relations Board and authorizes it, among other things, to determine appropriate state employee bargaining units, as specified. The California Constitution prescribes the membership of the California Supreme Court and requires the Legislature to create appellate court districts, all of which are vested with the judicial power of the state. The California Constitution prescribes the membership and duties of the Judicial Council and authorizes the council to appoint an Administrative Director of the Courts. Existing law creates the Habeas Corpus Resource Center for the purpose of providing representation to people who are convicted and sentenced to death in this state and who are without counsel. This bill would apply the Dills Act to employees of the Judicial Council, subject to specified exceptions. The bill would define an employee for these purposes as any employee of the Judicial Council, except managerial employees, confidential employees, supervisory employees, and excluded employees, as specified. The bill would grant the Judicial Council the sole authority to designate state employee positions as excluded positions and would prohibit exempted managerial, supervisory, confidential, and excluded positions from exceeding 13 of the total authorized Judicial Council positions as stated in the Department of Finance Salaries and Wages Supplement. The bill would prohibit review of the designation of excluded positions by the Public Employment Relations Board. The bill would also except from the definition of employee a judicial officer or employee of the Supreme Court, the courts of appeal, or the Habeas Corpus Resource Center. The bill would define the employer, for purposes of bargaining or meeting and conferring, as the Administrative Director of the Courts, or his or her designated representatives, acting with the authorization of the chairperson of the Judicial Council. The bill would provide that references in the Dills Act to actions or decisions by the Governor, or his or her designated representative, shall mean actions or decisions by the Administrative Director of the Courts. The bill would prohibit the Public Employment Relations Board from including Judicial Council employees in a bargaining unit that includes employees other than those of the Judicial Council.
Who sponsors AB 874?
AB 874 is sponsored by Rendon and Santiago.
What is the current status of AB 874?
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 AB 874?
Track AB 874 free on One Click Politics — get push/email alerts when it moves.

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