SACRAMENTO — Now coming to the governor for consideration, legislation drafted by Sen. Connie M. Leyva (D-Chino) to impose penalties on employers for unlawfully attempting to deter employees from joining or participating in a union was passed by the California State Senate.
Sponsored by AFSCME – California, California Labor Federation, California Teamsters Public Affairs Council, and SEIU California State Council, SB 931 develops a more effective and meaningful deterrent against these violations of the law by public employers by imposing a fine of $1,000 per violation – per affected employee — not to exceed $100,000. The legislator has previously established that public employers are prohibited from dissuading public employees and candidates for public employment from joining a trade union. Public employee organizations are also already allowed to file unfair labor practice (ULP) complaints with the Public Employee Relations Board (PERB) precisely for this type of behavior.
In violation of the law, however, some public employers have repeatedly sent anti-union communications to existing employees or to workers attempting to form a union. When an employee organization is successful in asking PERB to grant an unfair labor practice charge, unfortunately PERB can only issue a cease and desist order requiring the employer to post a notice of violation. . At this point, the damage is clearly already done.
“While it is wrong – and even already illegal – for public sector employers to deliberately discourage union activity, these tactics continue as employers attempt to prevent their workers from organizing and asserting their rights” , said Senator Leyva. “SB 931 will create a financial penalty and deterrent effect that will hopefully finally deter public sector employers from breaking the law by deliberately discouraging union activity among their workers. I thank my fellow congressmen for passing the “Public Employer Accountability Act” and urge the Governor to stand with workers and Californians across our state in signing this important bill into law. »
SB 931 is supported by Arcadia Police Officers Association, Burbank Police Officers’ Association, California Association of Professional Scientists, California Association of Psychiatric Technicians, California Coalition of School Safety Professionals, California Democratic Party, California Federation of Teachers – AFL-CIO, California Nurses Association, California Professional Firefighters
California State Association of Electrical Workers, California State Legislative Board, Smart – Transportation Division, California State Pipe Trades Council, California Teachers Association, Claremont Police Officers Association, Corona Police Officers Association, Culver City Police Officers’ Association, Fullerton Police Officers’ Association, Inglewood Police Officers Association, International Union of Elevator Builders, Los Angeles School Police Officers Association, Newport Beach Police Association, Orange County Employees Association, Palos Verdes Police Officers Association, Peace Officers Research Association of California, Placer County Deputy Sheriffs’ Association, Pomona Police Officers Association, California Government Professional Engineers, Riverside Police Officers Association, Riverside Sheriffs’ Association, Santa Ana Police Officers Political Action Committee, UAW Local 2865, UAW Local 4123, UAW Local 5810, UDW /AFSCME Local 3 930, United Public Employees, Upla nd Police Officers Association and Western States Council Sheet Metal, Air, Rail and Transportation,