Page 15 - 2018 Janus Toolkit CCD

LEGISLATIVE UPDATE

PENDING BILLS RELATING TO JANUS

BILL NUMBER/DESCRIPTION (June 27, 2018)
AB 2017. Public employers: employee organizations.

Public employers are prohibited under existing law from deterring or discouraging public employees from
becoming or remaining members of an employee organization. This bill broadens the definition of “public
employer.” This bill would also prohibit public employers from deterring or discouraging prospective public
employees from becoming or remaining members of an employee organization.
AB 2154. Public Employment: Labor Relations: Release Time.

This bill specifies requirements for paid release time for union representatives for certain specified activities.
The bill would require the exclusive representative to provide reasonable notice requesting such an absence.
AB 2577. Personal income taxes: deductions: labor organization dues.
This bill, for a specified period of time, would authorize as a deduction from gross income the amount paid or
incurred during the taxable year for member dues to a labor organization paid by a taxpayer.
AB 3121. Evidentiary privileges: union agent-represented worker privilege.

This bill provides that, in general, a union agent and a represented employee or represented former employee
would have a privilege to refuse to disclose confidential communications between the employee or former
employee and the union agent which were made when the union agent was acting in his or her representa-
tive capacity. The bill provides that a represented employee or represented former employee would generally
also have a privilege to prevent someone else from disclosing such a privileged communication. This bill
describes additional waiver provisions and also states that this privilege would not apply in criminal proceed-
ings.
SB 1085. Public employees: leaves of absence: exclusive bargaining representative service.
This bill would require, when requested by the exclusive representative of an employee, that a public em-
ployer grant leaves of absence, without loss of compensation or other benefits, to allow employees to serve
as stewards or officers of the exclusive representative, or of any statewide or national employee organization
with which the exclusive representative is affiliated.
Further, as provided in this bill, the steward or representative would have reinstatement rights at the end of
this leave. Specifically, they would have a right of reinstatement to the same position and work location held
before the leave, or if this is not feasible, a substantially similar position without loss of seniority, rank, or clas-
sification.

The bill would require the exclusive representation or employee organization to reimburse the public em-
ployer for all compensation paid to the employee on this type of leave, unless otherwise agreed to. The bill
would also provide that a public employer is not liable for acts, omissions, or injuries by employees that occur
during this type of leave.
Assembly Concurrent Resolution (ACR) 185. Unions.

This measure would declare that the Legislature recognizes unions and their efforts to represent workers.
Among other declarations, the measure would declare that the Legislature supports the organizing of workers
who continue to fight for union rights.

Legislative Update – Pending Bills Relating to Janus LozanoSmith.com