Monthly Archives:' July 2017

Assembly Bill 119 Mandates Union Access to New Employee Orientation and Other Information for Public Employers

On June 27, 2017, Governor Brown signed Assembly Bill 119 into law, effective July 1, 2017.

AB 119 requires public employers (including school districts, transit agencies, and county offices of education) to provide union representatives “mandatory access” to any new employee orientation, regardless of whether that orientation is conducted in person, online, or another medium.  The bill defines new employee orientation as “the onboarding process of a newly hired public employee . . . in which employees are advised of their employment status, rights, benefits, duties and responsibilities, or any other employment-related matters.”

The bill states that upon request by either the employer or the union, the parties must “negotiate regarding the structure, time, and manner” of the union’s access to the new employee orientation.  If the parties cannot reach an agreement, the matter will be subject to compulsory interest arbitration, which would result in an arbitrator’s decision defining the access to be granted.  The parties must equally share the cost of arbitration.

Either party may request negotiation of the issue, and the parties are compelled to open negotiations even if a current collective bargaining agreement or memorandum of understanding exists.  However, the parties may choose to negotiate a “side letter or similar agreement” in lieu of reopening a current CBA or MOU.

Furthermore, AB 119 compels public employers to provide a union with any new employee’s job and contact information “within 30 days of the date of hire or by the first pay period of the month following hire.”  This includes the newly hired employee’s:

  • Name
  • Job title
  • Department
  • Work location
  • Work phone number
  • Personal email address on file with the employer,
  • Home address
  • Home phone number
  • Cell phone number

Moreover, AB 119 requires a public employer to provide the union with the above information for all employees in the bargaining unit every 120 days “unless more frequent or more detailed lists are required by an agreement.”

IDEA Eliminates No Child Left Behind Terms

mike photo

Author: Michael Tucker, Attorney at Law

Summary:

On June 30, 2017, the U.S. Department of Education issued new regulations aligning the IDEA to the Every Student Succeeds Act of 2015.  The new regulations removed terminology from the No Child Left Behind Act.  The new regulations are not expected to significantly alter special education practices, but are noteworthy in a few important areas.

Facts:

The updated rules mostly implement technical corrections to a few areas in the IDEA.  Essentially, the new regulations replace terminology from No Child Left Behind with language more closely aligned to the Every Student Succeeds Act.  Specifically:

  • Regular High School Diploma has been amended to exclude diplomas based on alternate academic achievement standards and a general equivalency diploma, a certificate of completion or attendance or another credential.
  • Alternate Assessments have been changed to reflect an emphasis on students with significant cognitive disabilities taking assessments based on alternate academic achievement standards. IEP teams should make the difference in assessments for those based on grade-level achievement standards compared to those based on alternate academic achievement standards.
  • Technical Assistance to Schools has been edited to reflect promises of support and improvement activities for consistent underperformance of students with disabilities.

The amendments can be found with the link below.

http://dataserver.lrp.com/DATA/servlet/DataServlet?fname=summary-chart-idea-essa-regs-6-29-17.pdf