NO WE HAVE.
SENATOR GRAY HERE ARE SOME
IMMIGRANT COME FORWARD AND A YOU
GOT A A FLIGHT TO CATCH YOU
WANNA.
GIVE YOU AN OPPORTUNITY.
YES WE DO AND WE'RE GOING TO DO
THAT A MINUTE.
I DON'T THINK I WE HAD
ESTABLISHED OUR QUORUM SENATOR
PLEASE CALL THE ROLL
[inaudible]
LANA.
YOUR LETTER HERE STONE.
STONE HERE JACKSON MITCHELL.
COUNTY [inaudible]
CLICK HERE.
WE HAVE A QUORUM.
DECEMBER GRANT FLOORS ARE SO
THEY WAS A CHAIR OF SENATORS
APPRECIATE YOUR COMMENDATION
THIS MORNING --
OR THINK COMMITTEE STAFFER THERE
DOES IT WORK IN TURN THE BILL
AROUND AFTER LATE REFERRAL.
A. B. THIRTY TO THIRTY ONE MAKES
TO CHANGES TO THE LABOR CODE TO
ASSIST CALIFORNIA'S VARIOUS
CONSTRUCTION TRADES AND
MAINTAINING A ROBUST SAFE AND
WELL TRAINEDWORKFORCE --
MAKE SOME CHANGES TO ENSURE THAT
PAYROLL RECORDS ARE A
TRANSPARENT REPORT AND REPORTED
--
CORRECTLY --
THIS OVERCROWDED PORTS INCLUDE
INFORMATION ABOUT THE PERSON
STANDARDS REPROACH ADOPTED
PREVIOUS YEAR TO ENSURE
WORKFORCE TRAINING IN
ORGANIZATIONS A PROPERLY TRAINED
AND I RESPECTFULLY REQUEST YOUR
AYE VOTE THIS MORNING.
I HAVE WITH ME WHEN THIS ISN'T
SUPPORT WOULD SUPPORT.
GOOD MORNING MISTER CHAIRMAN MY
NAME IS MIKE LESS REPRESENTING
DISTRICT COUNCIL SIXTEEN
PAINTERS AND ALLIED TRADES.
I WANT TO DESCRIBE FEE THE
PROCESS BY WHICH OUR JOINT LABOR
MANAGEMENT GROUP INVESTIGATE
POSSIBLE PREVAILING WAGE
VIOLATIONS.
OFTEN THE COMPLAINT WILL COME
DIRECTLY FROM.
THE WHAT FROM AN EMPLOYER WHO
BIDS A PROJECT RELATIVELY CLOSE
--
TO THEIR SHOT WHICH REQUIRES
PREVAILING WAGE.
FRINGE BENEFITS AND HE GETS
BEATEN OUT BY THE JOB BY AN
EMPLOYER FROM POSSIBLY OUT OF
THE AREA BY A SIGNIFICANT
AMOUNT.
NOW UNLESS THE BAD ACTORS
PLANNING ON MAKING IS NOT MAKING
ANY MONEY OR GOING NEGATIVE ON
THE PROJECT WHICH IS UNLIKELY.
THEY FIND A WAY THROUGH VARIOUS
SCHEMES TO CHEAT THEIR WORKERS
OUT OF PREVAILING WAGES AND
BENEFITS.
ONCE THE WORK IS COMPLETE A
WRITTEN REQUEST IS SENT TO THE
AWARDING AGENCY SCHOOL DISTRICT
FOR EXAMPLE.
REQUESTING CERTIFIED PAYROLL AND
THEY'RE GIVING FOUR WEEKS TO TO
RESPOND.
AFTER THAT ANOTHER LETTER IS
SENT AND GIVEN NO RESPONSE IN
THREE WEEKS THEY SEND A THIRD
LETTER FROM OUR ATTORNEY AND
COPY LABOR COMMISSIONER.
WITH A REQUEST FOR THEM TO
FOLLOW UP.
WITH THE UNRESPONSIVE AWARDING
AGENCY.
ONCE NOTIFIED BY THE LABOR
COMMISSIONER THE AWARDING AGENCY
THEN HAS TEN DAYS TO RESPOND
ACCORDING TO EXISTING LAW.
THE REASON FOR MULTIPLE REQUESTS
BEFORE NOTIFYING THE LABOR
COMMISSIONER HAS NOT TO
OVERWHELM THEM WITH CASES WHEN
POSSIBLY BE AGENCIES.
ARE JUST SLOW TO RESPOND SINCE
THE INCEPTION OF THE DIR AS E.
CPR SYSTEM OVER THE PAST TWO
YEARS THE PROBLEM HAS ACTUALLY
BECOME WORSE.
NOW THAT THE COMMON RESPONSE
FROM THE WORDING AGENCIES IS
THAT THEY NO LONGER.
THE REQUEST THE CPR SINCE THE
CONTRACTORS NOW HAVE THE ABILITY
TO UPLOAD THOSE DIRECTLY.
THE TWO THERE ARE TWO PROBLEMS
WITH THIS FIRST OF ALL
CONTRACTORS NOW HAVE TO REGISTER
OF PUBLIC WORKS CONTRACTORS KNOW
THEIR OBLIGATIONS UNDER THE
LABOR CODE BUT ONLY THE GOOD
ACTORS DO SO.
ADDITIONALLY THE LABOR
MANAGEMENT COMMITTEES BY
EXISTING LAW HAVE THE RIGHT TO
RECEIVE CERTIFIED PAYROLLUNDER
SECTION SEVENTEEN SEVENTY SIX
E..
WITHOUT THE NAMES AND ADDRESSES
OF THE WORKERS REDACTED.
THIS INFORMATION ON THE CPR
SYSTEM AS ALL REDACTED SO
IMAGINE INVESTIGATING THIS
COMPLAINT KNOWING THAT THE
WORKERS TRAVEL FROM OUT OF THE
AREA.
WORKED OVERTIME SLEPT IN THEIR
CARS IN THE NEIGHBORHOODS
ADJACENT TO THE PROJECT AND DID
NOT COME CLOSE TO GETTING PAID
CORRECTLY.
WITHOUT THEIR NAMES AND
ADDRESSES IT BECOMES VERY THEN
PAID CORRECTLY.
WE BELIEVE THAT THIS BILL IF
PASSED WILL TAKE SOME OF THE
PRESSURE OFF OF THE DIR IN THE
FORM OF FULL BLOWN CASES BY
COMPELLING THE AWARDING AGENCIES
TO COMPLY.
WITH THE FIRST REQUEST FOR
PROPERLY REDACTED CERTIFIED
PAYROLL RICK REQUESTED THE
QUICKER WE GET THESE REPORTS THE
BETTER CHANCE WE HAVE OF TAKING
BACK THE PREVAILING WAGE THAT
THE BAD EMPLOYER PUT IN THEIR
POCKET.
AND GETTING THAT RIGHTFULLY INTO
THE POCKETS OF THE MEN AND WOMEN
WHO DID PERFORM THE WORK WITH
THAT I RESPECTFULLY ASK FAIR
I'VE.
THANK YOU ADDITIONAL WITNESSES
AND SUPPORT PERSONAL
[inaudible]
FOR MISTER CHIP.
MISTER CHAIRMAN MEMBERS GOT
WHICH CAN BE HAVE STATE
ASSOCIATION OF ELECTRICAL
WORKERS.
THE CALPERS THE PATRIOTS COUNCIL
THE WESTERN STATES HINTS OF
SHEET METAL WORKERS AND THE
INTERNATIONAL ELEVATOR
CONSTRUCTORS GENE.
IN IN SUPPORT [inaudible]
THANK YOU.
MISTER CHAIRMAN MEMBERS A
COMMITTEE CHRISSY BELMONT BE UP
CALIFORNIA PROFESSIONAL
FIREFIGHTERS WE HAVE A VOICE ON
THE CALIFORNIA PER SHIP COUNSEL
HAVE.
DISCUSS THIS ISSUE EXTENSIVELY
REPLACEMENTS.
GOOD MORNING COMMITTEE MEMBERS
AND MISTER CHAIRMAN MADISON HOLD
YOUR COUNSEL SIXTEEN PAIRS
NITRATES REQUEST WE ASK FOR YOUR
SUPPORT THANK YOU.
GOOD MORNING MISTER CHAIRMAN AND
MEMBERS CATATONIA DURAN WITH THE
CITY COUNCIL LABORS IN SUPPORT.
GOOD MORNING --
CHAD SMITH FROM THE
INTERNATIONAL UNION OF PAINTERS
AND ALLIED TRADES ON NATIONAL
UNION.
AND WE ASK FOR YOUR SUPPORT.
WHERE MOST CHAIR KEEFE THEN WE
HAVE TO DISTRICT COUNCIL AND
WORKERS INSTEAD OF CALIFORNIANS
QUIRK [inaudible]
THANK YOU.
MISTER CHAIR NUMBERS CAITLYN
BAKER FOR THE CALIFORNIA LABOR
FEDERATION ALSO HERE IN SUPPORT.
WHEN THIS IS IN OPPOSITION
PERSONAL?
FOR SEEING THEM BACK TO THE
COMMITTEE THUNDERSTONE THANK YOU
MISTER CHAIRMAN AND GOOD MORNING
THE OTHER COUPLE QUESTIONS --
ONE CONCERN AND ONE QUESTION THE
ACTIONABLE QUESTIONS BUT IS THIS
--
A BILL THAT TRULY DOES WHICH TO
ARTICULATING IT'S GOING TO DO OR
IS THIS JUST A VEHICLE.
OR SPOT BILL BECAUSE SEEMS TO BE
IDENTICAL FROM A TWO THOUSAND
SIXTEEN A BILL THAT WAS --
GUTTED AND MANY BASICALLY.
INTO AB PAINTERS --
BILL -- TO
HAVE A REAL REGULATORY SCHEME
FOR THEM ABOUT PAINTERS AND
APPLICATORS A PROTECTIVE
COATINGS TO CONTRACT WITH THE
STATE.
OR IS THIS.
THE FINAL VERSION OF WHAT WE'RE
LOOKING AT NUMBER ONE NUMBER --
TWO AYE AYE AYE PLOT EVERY
EFFORT TO ENSURE THAT ANY WORKER
THAT IS ENTITLED TO PREVAILING
WAGE RICINUS.
PREVAILING WAGE AND I'VE NOTICED
THAT YOU'VE EXEMPTED LABOR --
JUST ASSUMING THE LABOR IS
ALWAYS GOING TO BE COMPLYING
WITH PREVAILING WAGE LAWS BUT
THERE'S NEVER A GUARANTEE THAT.
SMALLER UNION UNION EMPLOYEES
PARK PLAYERS MADE.
NOT DO SO THEY MAY MAKE A
MISTAKE IT WOULDN'T BE
APPROPRIATE TO INCLUDE THEM IN
THIS TO MAKE SURE THAT THE
EMPLOYEES ARE PROPERLY
PROTECTED.
WELL FIRST OF ALL SENATOR.
THIS DOES REFLECT LANGUAGE
PREVIOUS YEAR DOUSTE INSTITUTION
--
THIS IS A BILL THAT WITH THE
INTENT OF ACCOMPLISHING THE
GOALS.
LAID OUT THE BILL.
I WILL NOT SAY IT'S IN ITS FINAL
FORM AND OKAY AS AS WE'VE
INTRODUCED IT NO I'VE HAD
CONVERSATIONS FOR EXAMPLE --
WASN'T SMALL CONTRACTORS IN MY
DISTRICT --
THAT HAVE SOME.
I RAISE SOME ADDITIONAL ISSUES
THAT WE MAY BE ABLE TO TWEAK AND
FIX THIS BILL --
BUT IN GENERAL.
YES APPROACHING ITS FINAL FORM
AND YES WITH THE INTENT. TO
RESOLVE THIS ISSUE --
CHRYSAETOS HAD THIS IS A
COMPREHENSIVE ATTEMPT TO GO
AHEAD AND HAVE DIRECTOR TERRY
SCHEME FOR THE ARSENAL DOCTORS
OKAY APPRECIATE US.
AND THEN WITH REGARD TO THE
ACCEPTING OF A LABOR.
YOU KNOW THEY ARE SOMETIMES CAN
MAKE MISTAKES WILL AND MAKE SURE
THAT THE THE WORKERS GET THE
APPROPRIATE WAGES THAT THEY'RE
ENTITLED TO AND THROUGH --
INCLUDED THEM WE WOULD CATCH
THESE ERRORS IF YOU WILL AND
JUST PAY WHY NOT JUST INCLUDE
THEM.
BUT CERTAINLY --
EVERYONE IS SO INTEL TRICK WAS
TEXAS YEAH YOU RACE BUT I THINK
THERE ADEQUATE PROTECTIONS AND
AND SEVERAL LAYERS PROTECTIONS
--
AS WERE IN RESPECT --
TO LABOR --
AND THAT ISSUES ON NOT SURE I
SEE IT THE SAME WAY --
IS YOU'RE RAISING IT MIGHT YOU
HAVE ANY RESPONSE.
OUR LABOR MANAGEMENT COOPERATIVE
ALSO INVESTIGATES UNION
CONTRACTOR SO I DON'T SEE IT AS
AN EXCLUSION THE MATTER OF FACT
MISTAKES ARE MADE AND REMEDIED
THROUGH THE PROCESS.
BUT YOU HAVE SOME --
OWNERS PENALTIES RIGHT IF ONE IS
NOT COMPLYING.
IF YOU ARE NOT ONLY --
FOR YET IF. EIGHTY LABOR ENTITY
MAKES HONEST AARON ISN'T ABLE TO
MITIGATE THAT AIR THERE'S NO
OWNERS --
PUNITIVE ISSUES AGAINST THEM TO
SEEMS LIKE IT'S AN UNFAIR
PLAYING FIELD Y. NOXIOUS EVEN
PLAYING FIELD SAY EVERYBODY HAS.
NEED TO BE COMPLIANT.
YEAH ARE.
YOU PANELISTS ESTABLISHING A
BILL UNDER THE CURRENT LAW.
CORD LOCK REPUTED ENOUGH RIGHT
SO WHEN I HOLD FOR ME SOMETIME
TO PUNITIVE YEAH I AGREE.
THANK YOU KNOW ANY OTHER
QUESTIONS.
WE DO HAVE A MOTION ARE I DO
HAVE A TO PASS A WELL ARE YOU
TAKING THE AMENDMENTS
[inaudible]
CERTAIN LIMON.
PASSED AS A MAN.
IT'S A PIECE [inaudible]
LARA I NOT AYE AYE STONE.
NO NO JACKSON.
YOU WILL KEEP THAT ITEM OFTEN
TALKS OVER SOMEONE TAKE MISCHIEF
AT YOUR HOUSE A FLAT.
THE GOV JOINING BLOCK OF THAT
ARE YOU [inaudible]
FROM RUBIO.
SURPRISE OF THE EVENING
[inaudible]
NO HAPPEN APPARENTLY.
GOOD MORNING MISTERCHAIR MEMORY
MEMBERS IS AB.
SIXTEEN FIFTY FOUR WHENEVER
YOU'RE READY.
THANK YOU MISTER CHAIR I AB
SIXTEEN FIFTY FOUR PROVIDES AN
EXEMPTION TO THE CALIFORNIA
PRIVATE ATTORNEY GENERAL'S ACT
OR PAGA.
Y. WITHIN THE CONSTRUCTION
INDUSTRY FOR THOSE EMPLOYERS AND
EMPLOYEES THAT ARE COVERED BY A
COLLECTIVE BARGAINING AGREEMENT
pPROVIDES FOR WAGES HOURS OF
WORK
WORKING CONDITIONS AND PREMIUM
WHICH RATES FOR OVERTIME.
UNDER THE BILL THE AGREEMENT
MUST ALSO PROVIDE AN HOURLY WAGE
OF NOT LESS THAN 30% MORE THAN
THE MINIMUM WAGE AND PROVIDE A
GRIEVANCE AND BINDING
ARBITRATION PROCEDURE THAT.
WE DRESSED VIOLATIONS TO REDRESS
VIOLATIONS FINALLY AGREEMENT
MUST ALSO EXPRESSLY WAIVE THE
REQUIREMENTS OF CALIFORNIA PAGA.
IN CLEAR AND THEN UNAMBIGUOUS A
TERMS AND AUTHORIZES AUTHORIZED
THE ARBITRATOR TOWARD ANY AND
ALL REMEDIES OTHERWISE AVAILABLE
UNDER THE CALIFORNIA PART.
MY GUYS A WELL INTENDED LAW THAT
--
GIVES ON REPRESENTED WORKERS THE
POWER TO FIGHT UNSCRUPULOUS
EMPLOYERS --
DIRECTLY THROUGH THE COURT
SYSTEM WHEN THE LABOR
COMMISSIONER.
LACKS THE RESOURCES TO ENFORCE
HOWEVER IT HAS IN MANY CASES
RESULTED IN NUMEROUS COSTLY AND
UNNECESSARY LAWSUITS I THINK
MISTER GRAY FOR SETTING UP YOUR
WITH ME AND I ALSO HAVE ON THEN
THE CURTAIN FROM.
REPEATERS OUT TO ANSWER ALL
QUESTIONS THIS IS.
MISTER CHAIRMAN MEMBERS THANK
YOU VERY MUCH --
WE WANT TO EMPHASIZE THAT.
WE THINK PAGA IS A VERY GOOD
LAW.
AND WE SUPPORT PAGA --
AND IT'S UNREPRESENTED WORKERS
IT'S PROBABLY THE BEST AVENUE
FOR PROTECTION UNDER THE LAW.
BUT IT HAS UNINTENDED
CONSEQUENCES WHICH WE ARE SEEING
MORE AND MORE.
THAT IT ACTUALLY HAS A NEGATIVE
IMPACT IN THE COLLECTIVE
BARGAINING WORLD THAT UNDERMINES
THE COLLECTIVE BARGAINING
AGREEMENT --
THAT WE HAVE WITH OUR OWN
CONTRACTORS --
THEY PAY PREMIUM WAGES THEY PAY
HEALTH CARE THEY DO SAFETY
THEY'RE VERY GOOD CONTRACTORS
AND ARE GETTING SUED UNDER PAGA.
FOR THINGS THAT --
SHOULD HAVE BEEN HANDLED THROUGH
--
THE COLLECTIVE BARGAINING
AGREEMENT WE'RE NOT TALKING
ABOUT NUISANCE OR NUISANCE TYPE
LAWSUITS THESE ARE SUBSTANTIAL
LAWSUITS [inaudible]
BUT WE'VE BEEN HANDLING THESE
TYPE OF ISSUES THROUGH THE
MECHANISM THAT COLLECTIVE
BARGAINING FOR EIGHTY YEARS AND
IN PARTICULAR THROUGH A
GRIEVANCE ARBITRATION PROCESS
THAT HAS BEEN VETTED THROUGH THE
SUPREME COURT. FOR THE LAST
SIXTY YEARS SO AS WE SUPPORT
THIS -- FOR
WORKERS WHO ARE NOT UNDER
COLLECTIVE BARGAINING AGREEMENT
IN THE CONSTRUCTION INDUSTRY.
BUT IN EFFECT THIS REALLY GOOD
BILL FOR WORKERS HAS MANAGED
UNDERMINE.
THE BEST PROTECTION WORKERS
HAVING INDUSTRY WHICH IS THE
COLLECTIVE BARGAINING AGREEMENT.
SO THAT CONSIDERING THE ATTACK
THAT THE LABOR MOVEMENT IS GOING
--
THROUGH --
TODAY'S SUPREME COURT.
WE WE WANNA MAKE SURE THAT WE
DON'T HAVE THE UNINTENDED
CONSEQUENCE OF UNDERMINING THE
COLLECTIVE BARGAINING SYSTEM
IT'S WORKED VERY VERY
EFFECTIVELY AGAIN --
SO I WANNA --
JUST READ ONE THING IF YOU DON'T
MIND.
FROM THAT SECURITY PAVING WHICH
KIND OF SUMS UP THE POSITION
THAT WE FIND OURSELVES IN --
IN IN SUPPORT OF THIS BILL I
DON'T THINK THEY CAN BE HERE BUT
AS A UNION SIGNATORY CONTRACTOR.
THE TRADE UNIONS AND UNION
MEMBERS EXPECT SECURITY PAVING
COMPANY TO ABIDE BY THE
COLLECTIVE BARGAINING AGREEMENTS
THAT CONTROL THE RELATIONSHIP.
THE UNION MEMBERS THAT BENEFIT
FROM THESE COLLECTIVE ARE --
BARGAINING AGREEMENT SHOULD ALSO
BE BOUND TO ABIDE BY THE TERMS
AGREED.
TO WHEN THE COLLECTIVE
BARGAINING AGREEMENTS PROVIDE
GRIEVANCE IN ARBITRATION
PROCEDURES.
RESOLVE DISPUTES BETWEEN AN
EMPLOYER AND EMPLOYEE THOSE
PROCEDURES SHOULD BE FOLLOWED
AND IT HERE.
TOO THAT'S Y. THEY'RE SUPPORTING
THIS BILL BECAUSE PAGA AT A
RESULTS IN AND RUN AROUND THIS
FUNDAMENTAL LABOR STATUTES.
AND WE WOULD.
LIKE YOU SUPPORT.
YOU ADDITIONAL WITNESSES INSOFAR
--
GERMAN RECESS OR THE IS ONLY
HALF THE STATE BILL THE
CONSTRUCTION TRADES COUNCIL JUST
ONE TO REITERATE.
STAY BUILDING TRADE STRONGLY
SUPPORTS [inaudible]
I EMPLOYERS FORCE NONUNION
WORKERS A SIGNED AGREEMENTS THAT
GIVE UP THEIR RIGHTS TO PROCEED
ON A CLASS OR COLLECTIVE ACTION
BASIS.
BY CONTRAST THOUGH.
AB SIXTEEN FIFTY FOUR WOULD
PROVIDE THAT COLLECTIVE
BARGAINING AGREEMENTS IN THE
CONSTRUCTION INDUSTRY*
SIGNATORY EMPLOYER ASSOCIATIONS.
AND OUR UNIONS MAY IF THEY IF
THE PARTIES JUST SO CHOOSE.
PROVIDING FOR PROCESSING OF THE
LABOR CODE CLAIMS THROUGH THE
CBA GRIEVANCE AN ARBITRATION
PROCESS.
THE CBA WOULD HAVE TO PROVIDE
THAT ALL VIOLATIONS OF THE LABOR
CODE THAT COULD BE REDRESSED
UNDER PAGA.
CAN BE REDRESSED THROUGH THAT
PROCEDURE AND THAT TE
ARBITRATOR CAN AWARD ANY AND ALL
REMEDIES THAT WOULD BE AVAILABLE
UNDER THE LABOR CODE FOR THIS
BILL.
SO FOR THOSE REASONS WE STRONGLY
URGE YOUR SUPPORT.
THANK YOU ADDITIONAL WHEN IS
MISTER CHAIRMAN CAN I JUST KNOW
ALSO EMPHASIZE IT'S NOT
MANDATORY IF THEY DON'T PUT IT
IN OUR COLLECTIVE BARGAINING
AGREEMENTS A UNION ANY
MANAGEMENT.
CAN AGREE NOT TO DO THAT THEN
THEY ARE NOT.
EXEMPT FROM THIS PROCESS IF THEY
DO PUT IT IN THE CONTRACT.
THERE ARE A GRIEVANCE
ARBITRATION PROCEDURE AND EXEMPT
THEMSELVES FROM HIS THANK YOU
MISTER GRADE YOU WANT TO HAVE TO
THIS.
FOR YEAH I WOULD JUST PARA ADDED
THINKING OR AT TIMES.
PARTY DOES HAVE UNINTENDED
CONSEQUENCES AND THIS IS THE
EASIEST ONE TO RESOLVE --
AS WE KNOW THE COURT VERY GRIM
PROCESS EXISTS TO PROTECT
WORKERS AND IS THE ULTIMATE
PROTECTION FOR WORKERS --
SO I WOULD NOW RESPECTFULLY ASK
FOR THE QUE SUPPORTING SO GOOD
FIRST STEP AND SOME OF THE OTHER
UNINTENDED CONSEQUENCES ARE MORE
DIFFICULT PROBABLY TO RESOLVE.
OKAY THANK YOU ADDITIONAL ONE IS
A SUPPORT.
MISTER CHAIRMAN AND MEMBERS VERY
BROAD IN BEHALF OF THE TEAMSTERS
AND WE HAVE A SUPPORT IF AMENDED
POSITION AND I WOULD ASK YOUR
INDULGENT TO INDULGENCE TO
EXPLAIN OUR POSITION ON THIS --
WE GENERALLY AGREE WITH WITH
THIS BILL.
AND WE AGREE THAT IF THE UNION.
TAKES A CASE TO ARBITRATION.
THAT FACT SHOULD RESOLVE THE
ISSUE [inaudible]
HOWEVER UNDER COLLECTIVE
BARGAINING PRINCIPLES.
AND UNDER THIS BILL WHICH WILL
NOT CHANGE THOSE A UNION IS NOT
OBLIGATED TO TAKE ANY CASE TO
ARBITRATION AND THEY CAN DECIDE
NOT TO ARBITRATE A CASE. FOR
BUSINESS REASONS BECAUSE THEY
DON'T FEEL LIKE.
YOU KNOW GET INTO IT WITH THE
EMPLOYER BECAUSE THEY DON TOO
MANY ARBITRATIONS THAT YEAR.
AND WE WANT TO MAINTAIN THAT.
WE'RE AFRAID THAT THIS BILL
BECAUSE IT EXPUNGED AS A
STATUTORY RIGHT OF AN INDIVIDUAL
WORKER TO BRING A CLAIM WILL
SUBJECT UNIONS TO LIABILITY.
UNDER THE DUTY OF FAIR
REPRESENTATION WHICH IS A LABOR
LAW PRINCIPLE WHICH SORT OF SAFE
YOU ARE NOT.
TRYING HARD ENOUGH FOR YOUR
UNION MEMBERS THEREFORE THAT
WOULD BE EASILY RESOLVED IT AND
IF [inaudible]
IF YOU ARE ALLEGEDLY VIOLATED
UTF REPRESENTATION NOT ONLY DOES
THE UNION GET SUED BUT THE
EMPLOYER GET SUED AS WELL.
THAT COULD SIMPLY RESOLVED BY
MAKING THIS BILL ON EXHAUSTION
REQUIREMENT THAT IS TO SAY
BEFORE ANYONE CAN FILE A PAGA
LAWSUIT.
THE UNION AND THE EMPLOYER HAS
TO BE NOTIFIED THE UNION IF THE
UNION DECIDES TO TAKE THE MATTER
TO ARBITRATION THAT'S THE END OF
THE PPACA CASE.
IF HOWEVER THE UNION FOR
WHATEVER REASON TO CLIENTS NOT
TO TAKE IT TO ARBITRATION.
THEN THE WORKER CAN PROCEED THAT
WAY THE UNION HAS NO DUTY OF
FAIR REPRESENTATION EXPOSURE
NEITHER DOES THE EMPLOYER AS A
SORT OF SAN.
PARTY TO IT AND THE ISSUE WOULD
BE COMPLETELY RESOLVED AND I
THINK IT WOULD SOLVE.
THE ISSUES THAT ARE RAISED.
BY THE PROPONENTS OF WE WOULD
RESPECTFULLY ASK THEM
[inaudible] TO CONSIDER THAT
AMENDMENT.
THANK YOU --
ADDITIONAL WITNESSES AND MISTER
CHAIRMAN IF I MAY ON THIS ISSUE
--
BATTERIES IS A LOT OF IMPORTANT
ISSUES AND WE HAVE DISCUSSED IT
WE WILL BE TAKING A HARD LOOK AT
IT IT'S NOT QUITE AS SIMPLE AS
HE MAKES OUT.
I CAN BE HONEST WITH YOU FROM MY
POINT OF VIEWIN OUR UNITS POINT
OF VIEW.
WE'RE NOT REALLY INTERESTED IN
BEING RELIEVED OF THE DUTY OF
FAIR REPRESENTATION.
OF THAT IS A LAW AND IF THE
WORKER FEELS LIKE IS UNION IS
NOT HANDLING HIS GRIEVANCES
PROPERLY THERE IS A A MECHANISM
FOR THAT IT IS COMPLICATED.
BUT OUR CONTRACTORS ARE BEING
SUED AS WE SPEAK ABOUT THIS WE
HAVE A GRIEVANCE ARBITRATION
PROCEDURE THAT WORKS THAT IS
VETTED BY THE SUPREME COURT.
SO WE'RE GOING TO LOOK AT IT BUT
WE THINK IT'S NOT QUITE AS
SIMPLE AS RATHER BROAD MENTIONS
THANK YOU THANK YOU.
MISTER CHAIRMAN RISK ELIGIBLE
FOR THE CALIFORNIA ASSOCIATION
LIKE WORKERS THE WEST OF SEASONS
OF SHEET METAL WORKERS ACCOUNT
FOR C. PATRIOTS COUNCIL.
IN THE ELEVATOR CONSTRUCTORS
UNION IN SUPPORT THANK YOU.
CHAIR MEMBER SCOTT GOVERNOR PATH
OF CONSTRUCTION EMPLOYERS
ASSOCIATION AS EMPLOYERS WE
VALUE THE CERTAINTY THAT CBS
PROVIDE THEM THAT'S WHY
EMPLOYERS.
ELECT TO ENTER INTO CBS IN THE
FIRST PLACE WE THINK IT'S AN
IMPORTANT BILL.
YEAH FAMOUS CHAIRMAN KEITH DONE
ON BEHALF THE DISTRICT COUNCIL
OF IRON WORKERS INSTEAD OF
CALIFORNIA ASKING FOR YOUR
SUPPORT.
THANK YOU MISTER CHAIRMAN FIRST
THOUGHT BLOOM STUNT FOR THE
SOUTHERN CALIFORNIA CONTRACTORS
ASSOCIATION ALSO REPRESENTING
EMPLOYERS A ONCE FOR THE MEASURE
THANK YOU.
GOOD MORNING THIS CHAIR
TEMPERAMENTS INTERNATIONAL OF
OPERATING ENGINEERS AND FULL
SUPPORT.
JAMIE CON OF BEHALF OF THE
ASSOCIATED GENERAL CONTRACTORS
OF FOR THIS BILL.
MISTER CHAIRMAN AND MEMBERS
KATONAH YOU DEMAND WITH THE
STATE COUNCIL'S LABORS IN
SUPPORT.
CHAIR MEMBERS MICHAEL SERGO
THOUGHT BEHALF THIS FIXATION OR
MISTER CHAIR MEMBERS READ
CARILLO THE NATIONAL ELECTORAL
CONTRACTORS ASSOCIATION.
THE CALIFORNIA LEGISLATIVE
COUNSEL PONY HE PIPING INDUSTRY
THAT A CONTRACT IS IN THE
NORTHERN CALIFORNIA LA TRADES
ALL YOU'D EMPLOYERS WITH SUPPORT
OF THE BILL.
GOOD MORNING KATE MICHELMAN ON
BEHALF OF THE CIVIL JUSTICE
ASSOCIATION.
A WERE LEANING TOWARD SUPPORTING
THIS BILL THAT WOULD LIKE TO SEE
IT EXPANDED HE GIVES.
THANK YOU WITNESSES IN
OPPOSITION PLEASE CALL
[inaudible]
FOR DECISION.
MISTER CHAIRMAN MEMBERS OUT LIAM
TRACK MY PRESENTING.
AND ON BEHALF OF THE
ORGANIZATION I JUST WANNA
PREFACE MY COMMENTS WITH THE HOW
SECOND WE FEEL ABOUT WHAT'S
HAPPENING AT THE SUPREME COURT.
AND THE FIRE OUR WHAT WE
CONSIDER BROTHERS AND SISTERS
THE LABOR ARE EXPERIENCING
[inaudible]
AND WE STAND IN THEM AND
SOLIDARITY WE ARE STRONG
DEFENDERS OF COLLECTIVE
BARGAINING.
WE ARE ALSO STRONG DEFENDERS OF
WORKERS LEGAL RIGHTS.
I WE DO NOT WANT TO BE ON THE
OTHER SIDE OF THE TABLE ON THIS
ISSUE OR ANY ISSUE BECAUSE I
THINK WE NEED TO BE ABLE TO WORK
TOGETHER THERE'S A BALANCE IN
THE SYSTEM.
AND WOOD --
YOU NOT LIKE TO BELIEVE THAT THE
LEGAL SYSTEM AND LEGAL RIGHTS OF
WORKERS CAN CO EXIST ALONG SIDE
OF THE IMPORTANT.
STRONG COLLECTIVE BARGAINING
SYSTEM AT THE ISSUES WE
DISCUSSED IN JUDICIARY INVOLVED
PREEMPTION.
THOSE WERE GIVEN JUDICIARY
ISSUES WE'D STILL REMAIN
CONCERNED THAT THE BILL AS
CONSTRUCTED.
IS PREEMPTED BY FEDERAL LAW.
MISTER CHAIRMAN AND MEMBERS MARK
SHOCK OF CALIFORNIA RURAL LEGAL
ASSISTANCE FOUNDATION ALSO HERE
IN OPPOSITION.
A REGRETFULLY A WE'VE ALWAYS
TRIED TO WORK --
ISSUES OUT WITH THE LABOR UNIONS
AND WE'VE BEEN SUCCESSFUL --
IN THE PAST AND HOPEFULLY WE CAN
CONTINUE TO TALK IF IF THIS
MOVES FORWARD --
BUT WE HAVE A NUMBER OF
FUNDAMENTAL CONCERNS WITH THE
APPROACH.
HAGA WHEN IT WAS ENACTED WAS IT
WAS ENACTED AND PART TO EMPOWER
VULNERABLE IMMIGRANT WORKERS WHO
ARE TOO FEARFUL TO COME FORWARD
TO PRESS LABOR CLAIMS IN THIS
STATE.
THE CENTRAL A TENTATIVE OF PAGA
IS TO GIVE A REPRESENTATIVE
CAUSE OF ACTION TO AN AGGRIEVED
WORKER. TO FILE A SUIT ON BEHALF
OF HIM OR HERSELF AND ALL OTHER
AGGRIEVED WORKERS.
THIS BILL TO THE EXTENT THAT IT
CARVES OUT CONSTRUCTION UNION.
TBA COVERED EMPLOYEES --
IN EFFECT CREATES AN EXCLUSIVE
REMEDY AND THAT REMEDY IS
BINDING ARBITRATION.
SO IF THE UNION CHOOSES NOT TO
GRIEVE AN ISSUE.
OR THREE UNION GRIEVES INISHOWEN
TAKES IT TO ARBITRATION.
THE RESULT.
THEREFORE CLOSED FROM ANY
FURTHER REMEDY AND WE THINK
THAT'S FUNDAMENTALLY
[inaudible]
THREATENS.
THE INTEGRITY OF PAGA AND I JUST
WANT TO CLOSE BY SAYING HOW
IMPORTANT PAGA HAS BEEN. TO
RURAL LEGAL SERVICES IN THE LAST
FIFTEEN YEARS WE FILED AT LEAST
A HUNDRED AND FIFTY PODHORETZ.
FOR FARMWORKERS LOW WAGE WORKERS
IN OTHER INDUSTRIES IN RURAL
CALIFORNIA WE'VE RECOVERED TENS
OF MILLIONS OF DOLLARS IN WAGES
AND PENALTIES FOR THOSE WORKERS.
AND TENS OF THOUSANDS OF DOLLARS
--
IN PENALTIES PAID TO THE LABOR
AND WORKFORCE DEVELOPMENT AGENCY
WE THINK THIS BILL HAS
[inaudible]
HAS THE POTENTIAL --
TO BE EXTENDED TO ALL PRIVATE
SECTOR UNIONIZED EMPLOYEES IN
CALIFORNIA AND IT'S GOING TO
CREATE.
I'M A REAL PROBLEM OF POLITICAL
VIABILITY FOR THIS STATUTE AND
SO WE ARCHER NO VOTE.
THANK YOU ADDITIONAL COMMENTS.
OPPOSITION AND PROPOSITION WHEN
THIS IS IN OPPOSITION
[inaudible]
THUNDERSTONE.
THANK YOU MISTER CHAIR --
I CERTAINLY AM A SYMPATHETIC TO
THE THE LAST SPEAKER AND AND
TAKING AWAY REMEDIES FOR
AGGRIEVED EMPLOYEES.
TO BE ABLE TO TO LITIGATE THEIR
CIRCUMSTANCES I'M ALSO --
PLEASED TO SEE THAT THERE'S
FINALLY RECOGNITION --
THAT THERE IS A ABUSE --
UTILISING MY UTILIZING PAGA
UNFORTUNATELY I THINK THAT THE
BILL WAS TOO NARROW AND PUT
NONUNION CONTRACTORS.
AT A COMPETITIVE DISADVANTAGE
THIS IS FUNDAMENTALLY UNFAIR AND
I PORTED IF IT WERE.
AMENDED AGAIN TO INCLUDE ALL
EMPLOYERS AND ALL INDUSTRIES AND
EMPLOYEES AND I WOULD REQUEST
THAT HAPPENED THEN BE CONSIDERED
SO.
THANK YOU ANY ADDITIONAL
COMMENTS FROM COMMITTEE.
I KNOW THERE WAS A MOTION ON THE
MEASURE I'M NOT GONNA ENTERTAIN
THAT MOTION RIGHT NOW WE'RE
GONNA HAVE A VOTE OF THE FULL
COMMITTEE WHEN THE COMMITTEE.
ARE IS ONE OF THE MISSING
MEMBERS ARE HERE ONE HOW FURTHER
DELIBERATION WITH THEM.
SO -- I KNOW
YOU'LL HAVE TO TAKE OFF BUT WE
ONE THAT WILL TAKE US MEASURE UP
FOR VOTE ONLY WHEN WE HAVE A
FULL COMMITTEE.
FAVORITE WE THINK IT'S ADEQUATE.
FOR SOME MISTER DALY.
MEMBERS THIS IS AB.
SEVENTEEN FORTY NINE MISTER DALY
WELCOME.
THANK YOU MISTER CHAIR.
SEVERAL OFF DUTY ORANGE COUNTY
DEPUTY SHERIFFS RESPONDED AS IS
THEIR TRAINING AND THEIR DUTY.
DURING THE OCTOBER FIRST TWO
THOUSAND SEVENTEEN MASS SHOOTING
IN LAS VEGAS.
I BELIEVE OTHER OFFICERS FROM
OTHER JURISDICTIONS ANSWERED THE
CALL TO DUTY AS WELL ON THAT.
DAY.
UNFORTUNATELY SOME OF THESE
DEPUTIES WERE INJURED.
UNLIKE REGULAR EMPLOYEES PEACE
OFFICERS ARE ON DUTY.
TWENTY FOUR SEVEN EVEN WHEN
THEY'RE NOT ON A SCHEDULED
SHIFT.
THESE PEACE OFFICERS TOOK ACTION
IS OUR SWORN OATH DEMANDS AND
THEY SUSTAINED INJURIES.
I THINK MST REASONABLE PEOPLE
WILL AGREE THEY ARE ENTITLED TO
BENEFITS.
I WANT TO MAKE SURE THAT THESE
BRAVE PEACE OFFICERS AND OTHERS
IN THE FUTURE RECEIVE THE
BENEFITS TO WHICH THEY ARE
ENTITLED AS A RESULT OF BEING
INJURED ON THE JOB.
THAT IS ALL THE BILL PROVIDES --
WITH ME IS TOM TO MAKE IS
PRESIDENT OF THE ORANGE COUNTY
DEPUTY SHERIFFS ASSOCIATION --
TO SPEAK.
THANK YOU WHEN THIS ISN'T
SUPPORT GOOD MORNING AUTONOMY AS
PRESIDENT THE ASSOCIATION OF
ORANGE COUNTY DEPUTY SHERIFFS
REPRESENTING A PROXIMATE THREE
THOUSAND ACTIVE PEACE OFFICERS
EMPLOYED BY THE COUNTY OF
ORANGE.
AS SPONSORED THIS LEGISLATION WE
ARE PURSUING COMMONSENSE FIXED
TO THE CALIFORNIA LABOR CODE
BECAUSE IT'S SIMPLY THE RIGHT
THING TO DO.
DURING THE LAS VEGAS MASS
SHOOTING SEVERAL OF OUR MEMBERS
WHO WERE OFF DUTY DEPUTY
SHERIFFS AND A DISTRICT ATTORNEY
INVESTIGATOR GATORS FOR OAKLEY
BROUGHT THEMSELVES AND OTHERS TO
SAFETY.
THEN AUTOMATICALLY RETURNED THE
KILLING FIELD TO SAVE MORE
LIVES.
THE SWORN LAW ENFORCEMENT
OFFICERS TRAINING AND INSTINCTS.
AND THOUGH THE REQUIREMENT OF
THEIR DEPARTMENT TO TAKE ACTION.
IMMEDIATELY KICKED IN WHEN THE
GUNFIRE ERUPTED THESE MEMBERS
ALONG WITH ALL THE OTHER MEMBERS
OF LAW ENFORCEMENT.
ARE THE TRUE HEROES ONE OF OUR
MEMBERS DEPUTY JOE ó ONE OF
YOUR BILL ON THE POLICE
SERVICES.
WHAT HE DID WAS HE WELL WHEN THE
SHOOTING STARTED --
HE BROUGHT CONCERT GOERS A TO
SAFETY TO TAKE COVER.
AND THEN ONCE THAT WAS A
COMPLETED THEN HE RETURNED --
TO THE FIELD OF FIRE TO HELP
MORE PEOPLE BECAUSE THAT'S WHAT
THAT IS EXPECTED OF THEM AND
THAT'S WHAT HE'S TRAIN
[inaudible] TO DO --
WHILE HE DID THAT HE WAS SHOT IN
THE ABDOMEN AND THE THIGH.
OUR DEPUTIES ACTED HEROICALLY
EXACTLY WHAT THEY WERE STE TO
FORM TO DO HOWEVER WHEN IT CAME
TIME FOR THEM TO GET CARE AND OR
COMPENSATE THE COMPENSATION THEY
RIGHTLY DESERVE THE COUNTY OF
ORANGE OBJECTED SAYING THE LAW
DID PROVIDE A REMEDY FOR THESE
OFFICERS.
BECAUSE THE INCIDENT TOOK PLACE
OUT OF STATE.
THAT SHOULD NOT BE THE CASE AND
WE'RE SEEKING TO FIX THAT.
AND OUT IN STATE OR OUT OF STATE
OUR OFFICERS ARE NEVER TRULY
[inaudible]
OFF DUTY [inaudible]
PUBLIC.
REASONABLY EXPECT US TO ACT IN
THESE SITUATIONS.
IF WE ARE INJURED OR DISABLED OR
DIE AS A RESULT THE APPROPRIATE
REMEDY SHOULD BE PROVIDED IT'S
ONLY FAIR --
THIS BILL --
WE ASK FOR YOUR SUPPORT OF THIS
BILL TO SUPPORT THE LAW
ENFORCEMENT OFFICERS IN THE
STATE OF CALIFORNIA.
THANK YOU ADDITIONAL WITNESSES
INSOFAR.
GOOD MORNING MISS CHAIR RANKS
FROM WHAT THE RIVERSIDE
SHERIFF'S ASSOCIATION LIKE
MISTER DOMINGUEZ POINTED OUT ON
DURING LAS VEGAS SHOOTING OUT WE
HAD MEMBERS THERE AS WELL --
AND AMONG THE SURVIVORS IS
RIVERSIDE COUNTY DEPUTY.
JASON MCMILLAN A HERO WHO ARE
NOT ONLY SPRING INTO ACTION WHEN
THE SHOOTING BEGAN BUT
IMMEDIATELY ACTED AS A HUMAN
SHIELD [inaudible]
PROTECT ANOTHER AFTER PUTTING
HIS LAW ENFORCEMENT TRAINING
INTO ACTION HE PROTECT TO
PROTECT ANOTHER.
W. MACMILLAN WAS SHOT AND IS NOW
PARALYZED FROM THE WAIST DOWN.
HIS WORKERS COMP CLAIM HAS BEEN
DENIED BY RIVERSIDE COUNTY.
THE MEN WOMEN OF THE RIVERSIDE
SHERIFF'S ASSOCIATION OF
GRATEFUL ASSEMBLY MEMBER DALY.
FOR OFFERING A FOR AUTHORING
THIS IMPORTANT LEGISLATION AND
WISH RESPECTFULLY ASSN AYE VOTE.
WE'RE ON THE SAME SIDE FOR
WARMTH. TO SING MISTER CHAIR
JUST WELL ONE OF ONE OTHER THING
AT W. JOAN ONE AND SEVERAL OTHER
MEMBERS OF THE SHERIFF'S
WERE AWARDED --
AT JOAN PARTICULAR WAS AWARDED
THE PURPLE HEART AND DEVELOP
COURAGE FROM THE SHERIFF FOR THE
ACTIONS AT THE HEAT PERFORMED IN
LAS VEGAS OF SHEILA SHERIFF'S
DEPARTMENT RECOGNIZED.
OFFICIALLY HIS ACTIONS AND OF
COURSE THAT'S WHAT THE
EXPECTATION IS OF OUR MEMBERS.
ADDITIONAL WITNESSES AND SUPPORT
MISTER CHAIRMAN MEMBERS RAINY
PERRY WITH ARMENIA SAYS HIS HOME
HALF OF PORAC CO SPONSORS OF THE
JIM FOSTER PRESIDENT LONG BEACH
POLICE OFFICERS ASSOCIATION RISE
IN SUPPORT WE ALSO HAD SEVEN
MEMBERS THERE WHO RETURNED
SPECIFICALLY BECAUSE OF THEIR
POLICE.
DUTIES TOLD THEM TO DO SO WE ASK
FOR YOUR SUPPORT.
I'VE BEEN ALL TOMORROW BEHALF OF
THE FRATERNAL ORDER OF POLICE IN
SECULAR COUNTY DEPUTY SHERIFFS
ASSOCIATION SUPPORT.
JERRY MEMBERS MATTHEW CYBER THAT
WE HAVE TE ASSOCIATION FOR LOS
ANGELES DEPUTY SHERIFFS IN THE
LOS ANGELES POLICE PROTECTIVE
LEAGUE BOTH IN SUPPORT THAT YOU.
THANK YOU ADDITIONAL ONE THIS
ISN'T SUPPORT ONCE IS IN
OPPOSITION.
MISTER CHAIRMAN OF THE COMMITTEE
CHRISTY VELMA BEHALF THE
CALIFORNIA PROFESSIONAL
FIREFIGHTERS.
WE'RE HERE IN A MORE
PUZZLED-THAT'S I'VE AND WE'RE
HERE IN
OPPOSITION AND I KNOW THAT ARE.
OF ORANGE COUNTY FIREFIGHTER
BROTHERS AND SISTERS ARE
ENGAGING WITH THE SPONSORS AT
THIS TIME BUT I JUST WANT TO PUT
ON THE RECORD THAT. FIFTEEN
FIREFIGHTERS WERE SHOT AT THE
VERY SAME EVENT.
A MANY OF THEM FROM CALIFORNIA
FOR FROM LOS ANGELES CITY THREE
FROM LOS ANGELES COUNTY.
OF MEMBERS FROM ENCINITAS
GLENDALE SANDRA DINO SAN DIEGO
TORRANCE.
OF THE SAN DIEGO FIREFIGHTER WAS
RENDERING CPR AS WAS THE SAN
MARINO COUNTY FIREFIGHTER WHEN
THEY WERE SHOT.
OTHERS A BATTALION CHIEF FROM
ORANGE COUNTY WHO.
LIKE THEIR LAW ENFORCEMENT
BROTHERS AND SISTERS LED A GROUP
OF PEOPLE TO SAFETY AND THEN
RETURNED TO THE SCENE.
SO WHILE WE APPRECIATE WHAT THE
AUTHORS DOING OF THE SPONSORS
HERE AND INNER URGE THE
COMMITTEE TO ADOPT THIS BILL
TODAY.
A WE'RE JUST CONCERNED THAT THE
BROTHERS AND SISTERS IN THE FIRE
SERVICE MIGHT NOT BE AFFORDED
THE SAME PROTECT.
THE MORNING AFTER ECONOMY WITH
THE LOS ANGELES COUNTY BOARD OF
SUPERVISORS.
WINTER THIS WE UNDERSTAND THE
DEPTH OF ATROCITIES FROM THE LAS
VEGAS SHOOTINGS AND WE'D
DEFINITELY RESPECT.
THE ACTIONS THAT --
OFFICERS TOOK TO RESPOND AND
PROVIDE AID IN THAT SITUATION.
WE ACTUALLY HAVE AN OPPOSING
LET'S AMENDED POSITION ON THIS
BILL.
IT'S VERY LEGISLATIVE INTENT WE
DON'T BELIEVE SEVENTEEN FORTY
NINE IS DECLARATORY OF EXISTING
LAW.
AND IF THE INTENT IS TO PROVIDE
WORKERS COMPENSATION TO OFFICERS
WHO I'M GO OUT OF STATE AND GET
INJURED WE WOULD LIKE TO SEE THE
BILL.
A NARROWLY TAILORED TO ADDRESS
WHEN WE NEED TO PROVIDE WORKERS
COMPENSATION BENEFITS WHAT TYPES
OF INJURIES AYE AND NARROW IT SO
THAT WE DON'T APPLY HUGE AMOUNTS
OF UNKNOWN LIABILITY IN COSTS ON
LOCAL GOVERNMENTS.
THANK YOU THANK YOU.
THANK YOU MISTER CHAIRMAN
MEMBERS JASON CHILDREN HAVE THE
CALIFORNIA COALITION ON WORKERS
COMPENSATION --
WHICH YOU ARE IN A SIMILAR
POSITION OPPOSING LESS MAN DID I
OF THE AMENDMENTS WERE SEEKING
ARE OUTLINED IN THE ANALYSIS AYE
AS ARE OUR GENERAL FEELINGS ON
THE BILL AND THAT IS NOT
EXISTING --
LAW AS A WITH THAT AND I NEED TO
BELABOR THE POINT --
RESPECTFULLY OPPOSE THE BILL.
IN A CHAIR MEMBERS OF THE
COMMITTEE DON'T GIVE AS
CALIFORNIA SPECIAL DISTRICTS
ASSOCIATION ALSO A SIMILAR
POSITION OF A OPPOSE LESSEN.
AND TRACY CELEBRATE THE
CALIFORNIA STATE ASSOCIATION OF
COUNTIES ALSO POSE A LISTEN AND
THANK YOU MISTER CHAIR AND
MEMBERS MIKE BLOOD FOR THE
CALIFORNIA ASSOCIATION JOINT
POWERS AUTHORITIES OPPOSE UNLESS
AND THANK YOU --
BEFORE WE MOVE ON TO QUESTIONS
SOME REALLY WHY AFTER.
THE EMPTIES OUR FIREFIGHTERS
INCLUDING --
IT -- WE ARE
FOCUSED ON ON THE ON THE PEACE
OFFICERS AT THIS POINT --
WE HAVE NOT RULED OUT ADDING
OTHERS -- AT
ANY AT ANY TIME WE JUST WANT TO
FOCUS.
PACIFIC LEE ON THE THE ORANGE
COUNTY BOARD OF SUPERVISORS
DENIED BENEFITS PACIFIC LEE TWO
DEPUTY SHERIFFS THAT'S WHAT
PROMPTED THE BILL --
CENTER SOME NEAR OF COURSE NO
THANK YOU MISTER CHAIR I I SHARE
THE SAME CONCERNS --
THE TO DO FIRST OF ALL --
SOME IN DALY THANK YOU FOR BRING
THE BILL FORWARD I GREATLY
APPRECIATE IT WE HAD AS YOU
KNOW.
SOME RIVERSIDE COUNTY.
PUBLIC SAFETY --
MEMBERS THAT WERE THERE IN THAT.
PRECEDED THE ORANGE COUNTY IN
THE LONG BEACH MEMBERS OVER
THERE AND I HAD NUMBER FRIENDS
THAT WERE AT THIS EVENT WHICH
WAS -- JUST
A HORRIFIC EXPERIENCE FOR FOR
MANY ESPECIALLY CIVILIANS AND
HAVE NEVER SEEN THIS KIND OF
CARNAGE BEFORE.
AND YOU NOTE JUST LIKE A YOU
KNOW WHEN YOU HAVE A PHYSICIAN
THAT -- GOES
ON AN AIRPLANE GOES HOME AND
SOMEBODY OF HEART ATTACK ON THAT
PLANE YOU KNOW THEY'RE GOING TO
THE FIRST STAND UP TO TRY TO
GIVE CPR AND YOU KNOW THINGS
MAKE A RIGHT THINGS BEEN AKA
RIGHT BUT THEY HAVE NOT
PRACTICING DETERRENCE IS GOING
TO COVER THEM TWENTY FOUR HOURS.
A DAY.
I THINK WE NEED A PUBLIC SAFETY
OFFICERS THAT --
TAKE AN OATH TO PROTECT THE
PUBLIC AND NO MATTER WHERE THEY
ARE IF THEY CHOOSE TO ENGAGE IN
THE SITUATION THAT --
YOU OF CIVILIANS THAT ARE BEING
THREATENED OR THEMSELVES BEING
THREATENED AND THEY DID DECIDE
TO ENGAGE ARE LIKE. NINETY NINE
POINT 9% OF REPUBLICAN IT --
OFFICIALS WILL THEY WILL ENGAGE
[inaudible]
VARIOUS GOING --
THAN THEY SHOULD BE PROTECTED
AGAINST --
ANY INJURIES AGAINST THEMSELVES
ESPECIALLY WHEN WE HEAR PUBLIC
SAFETY OFFICERS AND SOME OF OUR
VALIANT FIREFIGHTERS YOU MUTE
USING THEMSELVES AS HUMAN
SHIELDS IF YOU WILL. TO TAKE A
BULLET --
FOR AN INNOCENT CITIZEN AND IN
THEIR EFFORTS TO TRY --
TO GET PEOPLE.
OUT OF THAT VENUE WITH VERY
LIMITED EGRESS AND EGRESS
[inaudible]
SO -- I
BELIEVE THESE PROTECTIONS ARE
NECESSARY NOT ONLY FOR THIS
EVENT BUT TO PROTECT ANY PUBLIC
SAFETY OFFICER INCLUDING MY
FRIENDS IN THE FIRE.
OF FIGHTING --
PROFESSION [inaudible]
I ANYWHERE.
IN THE UNITED STATES ANYWHERE IN
THE STATE OF CALIFORNIA WHEN
THEY ENGAGE IN THEIR
PROFESSIONAL SERVICES AND PUT
THEIR LIVES ON THE LINE THAT
THEY DESERVE --
TO BE COVERED BY BY INSURANCE SO
I WOULD LIKE.
TO MOVE THE BILL IF IT'S
APPROPRIATE AT THIS TIME AND
ALSO I'D LIKE TO BE ADDED AS A
CO AUTHOR OF I MEAN.
THANK YOU SIR THANK YOU THANK
YOU MISTER DALY I ALSO ON OF THE
OWNERS OF COOPER COM AND
RECOGNIZE THE THE MOTION BY
SENATOR STONE AGAIN I WOULD URGE
YOU.
TO CONTINUE TO HAVE
CONVERSATIONS TO ADD OUR
FIREFIGHTERS WERE ALSO HAVE THE
SAME RESPONSIBILITY.
AND TO OUR LONG BEACH PD TO
RIVERSIDE P. D. AN ORANGE COUNTY
PD -- THANK
YOU.
FOR BEEN VALLEY IT IN A VERY
VERY DIFFICULT SITUATION.
AGAIN I THINK IT'S VITAL THAT WE
ENCOURAGE OUR LAW ENFORCEMENT OR
PUBLIC SAFETY OFFICIALS.
TO S. ENGAGE IN SAVING OUR
PUBLIC --
AND I KNOW YOU ALLOWED TO
SPECIFIC COUNTIES.
BUT YOU KNOW WHAT WERE AS
CONSUMERS WE CONSUME ALL OVER
THE STATE ARE AND I CONTRIBUTE
TO EVERY COUNTY SUCCESS.
AND SO I THINK THIS IS AN
IMPORTANT BILL --
VERY COURAGEOUS FOR OUR POLICE
OFFICERS AGAIN AT THIS IS A
WORTHY CAUSE I JUST HOPE WE GET
TO A CONVERSATION WE INCLUDE OR
EMTS ARE FIREFIGHTERS WERE
EQUALLY --
ARE VALIANT AND ARE ASKED TO GO
ABOVE AND BEYOND.
A CALL OF DUTY I AM PARTICULAR
TO GIVEN JUST WHAT HAD HAPPENED
WAS HAS HAPPENED IN LONG BEACH
--
HORRIBLE INCIDENT THAT.
NO COST THE LIFE OF ONE OF OUR
LOCAL CAPTAINS.
I AND INJURED ANOTHER
FIREFIGHTER SO AGAIN EXAMPLES OF
WHY WE NEED TO COME TOGETHER
WORK.
I KNOW WE WE JOKE AROUND BETWEEN
FIREFIGHTERS AND POLICE OFFICERS
BUT THIS IS A TIME WHEN WE CAN
ACTUALLY GET TOGETHER AND DO
SOMETHING RIGHT SO.
WHAT THAT THERE IS A MOTION BY
SENATOR STONE?
AS A DO PASS RECOMMENDATION TO
THE SENATE FLOOR SENATOR CRISCO
[inaudible]
I DON'T.
I LOVE AYE STONE AYE STONE AYE
JACKSON.
MITCHELL WHITE HOUSE SKI.
IF THAT ITEM OPEN LABS MEMBERS
THANK YOU MISTER CHAIR MISTER
STOP THINKING WE CAN REQUEST
CHAIR MATS RICHIE [inaudible]
WELCOME [inaudible]
THANK YOU [inaudible]
RE READY.
THANK YOU MISS SHARE SENATORS.
I'M HERE TO PRESENT AB SEVENTEEN
SIXTY ONE B. HOTEL HOUSEKEEPER
PROTECTION ACT.
NOW WHICH SEEKS TO ESTABLISH A
MINIMUM STANDARD.
OUT TO PROTECT HOTEL WORKERS
HOTEL EMPLOYEES FROM SEXUAL
SALTS.
AND SEXUAL HARASSMENT FROM HOTEL
GAS.
WE WANNA MAKE SURE THAT THE MEAT
TO MOVEMENT LEADS TO SAFER
WORKPLACES FOR ALL WOMEN
INCLUDING HOTEL HOUSEKEEPERS AND
HOTEL EMPLOYEES.
ALLTEL HOUSEKEEPERS IN
PARTICULAR.
ARE WORKING WOMEN WHO ARE AMONG
THE MOST VULNERABLE TO SEXUAL
HARASSMENT AND SEXUAL ASSAULT.
MANY ARE WORKING CLASS
IMMIGRANTS OFTEN WORKING ALONE
IN HOTEL ROOMS SOMETIMES WITH
MALE GAS PLACING THEM AT
HEIGHTENED RISK OF ASSAULT OR
HARASSMENT.
AB SEVEN HIS SIXTY ONE PROPOSES
SOME COMMON SENSE PROTECTIONS
FOR THESE WORKING WOMEN BY
PROVIDING.
AMONG OTHER THINGS A PANIC
BUTTON TO THEIR EMPLOYEES OR TO
SUMMON IMMEDIATE ASSISTANCE IN
AN EMERGENCY SITUATION.
THIS BILL WILL HELP PROTECT
HOTEL HOUSEKEEPERS FROM SEXUAL
HARASSMENT.
OUR SEXUAL ASSAULT ANOTHER
EMERGENCY SITUATIONS CURRENT AND
EMPLOYEE SITUATION --
THERE IS A ISSUE RAISED HER IN
THE SENATE JUDICIARY COMMITTEE
THAT --
WE'RE STILL WORKING ON LANGUAGE
TO ADDRESS THE LIABILITY ISSUE
RAISED IN THE ANALYSIS OF THIS
COMMITTEE --
BUT I AM COMMITTED TO OF
RESOLVING THAT ISSUE --
WITH ME HERE TODAY IN SUPPORT OF
THE SPELL IS KING VEGA THE CAL
LABOR [inaudible]
MS VEGA.
MR CHEN MEMBERS CAITLIN VEGA FOR
THE CALIFORNIA LABOR FEDERATION
PLEASED TO BE HERE IN SUPPORT OF
THIS BILL.
AND AS YOU ALL HAVE NO DOUBT
HEARD HOTEL HOUSE KEEPERS HAVE
REALLY LED THIS FIGHT TO EXPOSE
THE KINDS OF ABUSE AND
HARASSMENT THAT THEY FACE ON THE
JOB.
IT SEEMS THAT --
MANY MEN ASSUME THAT WHEN THEY
PAY FOR THE HOTEL THE HOTEL
HOUSEKEEPER IS SOMEHOW INCLUDED
IN THAT THEY HAVE THE RIGHT. TO
ABUSE HER AND TO TAKE ADVANTAGE
OF HER I'M IN THE AYE FACT THAT
SHE'S OFTEN WORKING ALONE HAS TO
ENTER THEIR ROOM.
ON PAST YOU I'D BE PROVIDE
SERVICES IN TERMS OF BRINGING
THEM TOWELS AND OTHER KINDS OF
AMENITIES ON AND SO THEY ARE IN
A UNIQUELY PRECARIOUS POSITION.
ON THESE WOMEN HAVE ORGANIZED
THESE WOMEN.
A SOLUTION FOR THEM WHICH IS
CREATE THE CREATION OF A PANIC
BUTTON THAT WOULD ALLOW THEM TO
SUMMON HELP WHEN THEY ARE IN
THESE ISOLATED SITUATIONS.
I'M AND WE ARE HERE IN STRONG
SUPPORT OF THIS VERY IMPORTANT
PROTECT.
THANK YOU ADDITIONAL WITNESSES
AND SUPPORT PLEASE COME FORWARD.
WHEN THIS IS IN OPPOSITION?
GOOD MORNING MISTER CHAIRMAN
JOHN MONEY.
IS ON CALL ON BEHALF OF THE
CALIFORNIA HOTEL LODGING
ASSOCIATION --
START OUT WITH THE SIMPLE SIMPLE
STATEMENT.
THE CALIFORNIA HOTEL LODGING
ASSOCIATION DOES NOT HAPPEN OUR
HOTEL MEMBERS DOES NOT HAVE A
PROBLEM WITH THE BILL THAT
MANDATES --
THE BE SPENT BUT OUR PROBLEM.
SO IF THE BILL WAS AMENDED TO
JUST ROOM TO JUST MAKE IT A
SIMPLE BILL THAT SAYS.
EVERY HOTELS GOT HAVE A PROVIDER
HOUSEKEEPERS WITH PANIC BUTTONS.
WE WOULD REMOVE OUR OPPOSITION.
THE PROBLEM IS THAT THERE'S A
PROVISION THE BILL THAT SAYS
WHAT YOU PASS THIS BILL LOCAL
GOVERNMENTS CAN COME ALONG. TO
PASS ANOTHER IMPASSE THE WRONG
ORDINANCES [inaudible]
SO.
BILL PASSES EVERYBODY EVERY
EVERY HOTEL EVERY MOTEL EVERY IN
BED AND BREAKFAST.
PROVIDES THESE THIS TECHNOLOGY
TO ALL THEIR EMPLOYEES THE STATE
OF CALIFORNIA [inaudible]
VERY EXPENSIVE [inaudible]
THEN.
CITY PASADENA COMES ALONG AND
PASSES THEIR ORDINANCE THE
ORDINANCE REQUIRES DIFFERENT
TECHNOLOGY.
SO THE SICK EVERY HOTEL IN THE
CITY OF PASADENA.
IS TO PREVENT [inaudible]
SCRAP.
ACKNOWLEDGE IT THAT'S REQUIRED
UNDER THIS BILL.
COME UP WITH THE WRONG.
AND THEN THE NEIGHBORING CITY OF
LOS ANGELES FOR EXAMPLE COMES UP
WITH THEIR TECHNOLOGY.
IT'S DIFFERENT FROM THE PAST AND
FROM THE PASADENA ONE THAT'S
ALSO DIFFERENT.
FROM THE STATE OF CALIFORNIA.
SO THEY END UP.
YOU SO YOU END UP THAT MEASURE
SITUATION WHERE YOU HAVE AN
OWNER.
WELL AS PROPERTY ALL OVER THE
STATE OF CALIFORNIA SO IT'S GOT
ONE SET OF TECHNOLOGY
[inaudible]
IF FOR PASADENA ANOTHER FOR LOS
ANGELES ANOTHER FOR THE STATE OF
CALIFORNIA.
SO HARPER ON THIS IS THAT THIS
IS A BIZARRE WAY TO HANDLE --
HANDLE THIS KIND OF SITUATION.
WE'RE WE'RE ALL FAMILIAR WITH
FOR EXAMPLE WHEN CITIES COME UP
WITH DIFFERENT ORDINANCES.
THE STATE OF CALIFORNIA OFTEN
DEALS WITH THAT BY PASSING
LEGISLATION [inaudible]
THAT.
THAT TAKES OVER TAKES OVER THE
ISSUE. FOR EXAMPLE SENATOR
JACKSON HASN'T BILL DEALING WITH
THE THE PROBLEM OF CITIES AND
COUNTIES AROUND THE STATE.
ARE COMING UP WITH THESE TAKE
BACK DRUG TAKE BACK PROGRAMS SO
THERE'S LEGISLATION SAYS YOU
KNOW WHAT LET'S DO IT ON A
STATEWIDE BASIS.
THAT MAKES SENSE THAT WORKS.
BUT THIS IS THIS IS THIS TAKES.
THAT KIND OF PATCHWORK PROBLEM.
AND EXACERBATES IT MAKES IT
WORSE SO AGAIN.
IF IF THIS IF THE IF YOU JUST
NARAL THIS BILL TO MANDATE
[inaudible]
THAT.
THAT R. OF THAT THE HOTELS HAVE
TO PROVIDE --
HAVE TO PROVIDE PANIC BUTTONS SO
THEIR HOUSEKEEPERS.
WE WILL REMOVE OUR OPPOSITION.
THANK YOU ADDITIONAL WITNESSES
IN OPPOSITION.
BRING IT BACK TO THE COMMITTEE.
I'M SORRY GRANT.
HOW ARE YOU?
GOOD MISTER CHAIRMAN MEMBERS OF
THE COMMITTEE FRED MADE ON
BEHALF OF THE CHAMBER OF
COMMERCE ALLIANCE ADVENTURE IN
SANTA BARBARA COUNTY.
OPPOSE UNLESS AMENDED FOR THE
SAME REASON STATED BY THE
LODGING INDUSTRY.
GOOD MORNING CHEN COMMITTEE
MEMBERS MY SHOWER IS ON BEHALF
OF THE CALIFORNIA TOUGH
ASSOCIATION ALSO [inaudible]
THE KID.
ISSUE NO WITNESSES IN
OPPOSITION.
BRING IT BACK TO COMMITTEE
SENATE JACKSON THANK YOU YES
SINCE MY NAME AND BILL WERE
MENTIONED I JUST WANTED TO
SHARE.
A THAT IT TOOK ALMOST FOUR YEARS
TO GET.
THE PHARMACEUTICAL INDUSTRY TO
RECOGNIZE THAT DOING THIS ON A
CITY BY CITY BASIS WAS NOT A
GOOD THING.
I AND FRANKLY IT'S ONLY THAT
THAT IS ACTUALLY GOTTEN THEM TO
THE TABLE.
THAT BEING SAID WE ARE ALL
WORKING VERY DILIGENTLY TO REACH
THAT [inaudible]
STATEWIDE DISCUSSION WHICH MAY
VERY WELL HAVE SOME
APPROPRIATENESS GRANTED THAT
EVERY COMMUNITY IN A EVEN EVERY
HOTEL OR FACILITY MAY HAVE
DIFFERENCES BUT I WOULD LIKE TO
INQUIRE IF I MAY THROUGH THE
CHAIR.
OF WHETHER OR NOT THERE HAS BEEN
ANY EFFORT TO TO TO DO SOME KIND
OF A STATEWIDE PROGRAM WHICH HAS
MET WITH.
SIMILAR RESISTANCE --
BECAUSE THAT THAT SEEMS TO HAVE
SOME.
LEGITIMACY TO IT TO HAVE AN
OVERALL STATEWIDE EVEN IF IT'S
JUST THE BASIC PARAMETERS FROM
WHICH THEN THERE CAN BE SOME
VARIATIONS DEPENDING UPON THE
CIRCUMSTANCES SO IF YOU.
COULD RESPOND TO THAT THAT WOULD
BE GREAT.
THANKS SIR I OF APPRECIATE --
YOU'RE YOUR CONCERN.
THE INTENT OF THIS BILL IS TO
ESTABLISH A BASIC.
STAY WHITE FLOOR THE WORKER
PROTECTIONS --
AND SO WE INTENTIONALLY OR NOT
PROSPER PRESCRIPTIVE IN TERMS OF
THE THAT THAT THE TYPE OF
TECHNOLOGY TO BE USED WITH THE
PANIC BUTTONS.
IT IS OUR UNDERSTANDING THAT.
NUMBER --
ONE MANY OF THE NATIONAL HOTEL
CHAINS ARE READY PROVIDE THEIR
EMPLOYEES WITH PANIC BUTTONS --
WE HAD CONVERSATIONS IN THE
SENATE JUDICIARY COMMITTEE
ABOUT.
HOW OUR STATE EMPLOYEES --
IN OUR STATE HOSPITALS ALREADY
ARE PROVIDED --
THESE VERY SIMPLE --
MY UNDERSTANDING IS --
IS -- AND
EXPENSIVE --
TECHNOLOGY LANYARDS --
WITH A BUTTON TO PUSH IN THE
CASE OF AN EMERGENCY AND SO.
I DON'T THINK --
YOU KNOW WILD --
CALDWELL RAISED DE.
THE DATE THAT THE IMAGE OF OF OF
THESE VERY EXPENSIVE AND
COMPETING TECHNOLOGIES I THINK A
YOU KNOW --
WHAT WERE --
HEARING IS ALREADY BEING USED
AND THE INDUSTRY --
ARE THESE SIMPLE DEVICES.
YOU KNOW THAT --
OUR MORE AKIN TO WHAT YOU MIGHT
SEE ON LATE NIGHT TV OF THE
SENIORS.
YOU KNOW CALLING FOR ASSISTANCE
WHEN THEY'RE RIGHT WHEN WHEN
THEY HAD --
I HAVE AN ACCIDENT --
SO THAT'S THE NUMBER ONE THAT
TECHNOLOGY IS IS IS MINIMAL AT
THE STATE WHAT FLOOR.
OUGHT NEVER TO IS THAT THERE ARE
UNIQUE.
OF HOTEL AND WORKER ISSUES THAT
--
THAT DIFFER FROM FROM CITY TO
CITY -- YOU
KNOW FOR EXAMPLE LONG BEACH
READY HAS --
A PANIC BUTTON AND OTHER WORK
PROTECTIONS FOR THEIR HOTEL
HOUSEKEEPERS.
THAT WE WOULDN'T WANT TO IMPOSE
WHAT IS AND IS WORKING IN LONG
BEACH -- AND
YOU KNOW OTHER COMMUNITIES
THROUGHOUT THE STATE AND FOR
THAT REASON THEY AND THE INTENT
OF THIS BILL IS TO ESTABLISH.
STATEWIDE FLOOR THE MINIMUM
FLOOR PER WORKER PROTECTIONS.
I TO ALLOW LOCAL CITIES TO GO
ABOVE AND BEYOND SUMA SPILLED
EXACTLY MANAGE SOMETHING IS IF
LOCAL CITY ALREADY HAS PASSED
OUR OWN ORDINANCE.
AND WE GRANT FUNDS WOULD BE
GRANDFATHERED IN RIGHT DATE IT.
THE LAW TO CONTINUE WITH THE
TECHNOLOGY THAT THEY HAVE
ALREADY THAT ATTRACT
[inaudible]
PERFECT NO QUESTION I HAVE IS
SINCE THIS IS A MISTAKE WHEN
STATEWIDE ISSUE AND I APOLOGIZE
FOR NOT OF JUST THINKING ABOUT
THIS.
CAN WE TALK ABOUT THE
IMPLEMENTATION AND HOW I WANT TO
MAKE SURE I I'M BASS SUPPORTIVE
OF THE MEASURE.
A SOMEBODY'S HAD A MOTHER WHO'S
WORKED ALONE FOR A LARGE PART OF
HER CAREER TEAM HOMES.
I WOULD WANT HER TO HAVE SOME
SORT OF PROTECTION --
IN CASE ANYTHING WOULD HAPPEN
GOD KNOWS IF ANYTHING DID HAPPEN
HAVE NO IDEA.
BUT HOW DO WE MAKE SURE THAT WE
IMPLEMENT THIS IN A WAY THAT IT
WORKS WITH THE APPROPRIATE TIME
MONEY.
I HAS IT BEEN ANY CONVERSATIONS
ABOUT.
MAY BE A DELAYED IMPLEMENTATION
AND SO.
OTHER CITIES HAVE DONE THIS BUT
WE ARE GOING TO IMPLEMENT THE
STATE WIDE IS THERE ANY THOUGHT
TO MAYBE IT DELAYED
IMPLEMENTATION SO THAT WE CAN
GET THIS RIGHT.
SENATOR BROWN AS CHAIR I HAVE
NOT HEARD CONCERNS IN TERMS OF
THE TIMELINE OF INFANT
IMPLEMENTATION THUS FAR AND SO.
I'D BE HAPPY.
TO ADDRESS THAT BUT I I DIDN'T
HEAR THE HOTEL ASSOCIATION REYES
AND CONCERNS ABOUT THE TIMELINE
--
FOR FOR NOTHING I JUST WANT TO
MAKE SURE I MEAN I'M JUST
THINKING.
OUT LOUD HERE WE IF WE HAVE AN
OPPORTUNITY.
I'M GOING TO GET THIS RIGHT I
THINK.
BECAUSE OF THE MERITS OF THIS
POLICY IT IS VERY --
ONE AND I WANNA MAKE SURE
[inaudible]
CENTER STUFF.
THANK YOU MISTER CHAIR OF AYE
GOLLY I MEAN I DIDN'T REALIZE
THAT -- THIS
WAS SUCH A A PROBLEM AND I
APPRECIATE.
MISTER SEMENYA BRINGING IT
FORWARD THE UNITED STATES OVER
SEVEN MILLION WOMEN WORK IN
LEISURE AND HOSPITALITY BUSINESS
IN A RECENT SURVEY ONE IN THREE
EXPERIENCE SEXUAL HARASSMENT --
CERTAINLY THEY THEY SHOULD NOT
BE SUBJECTED TO THAT I I I DO
SHARE SOME OF THE SAME CONCERNS
--
THE QUESTION FOR ME IS THE YOU
KNOW WHY NOT JUST THE PANIC
BUTTON THEN THE LOCALS ARE GOING
TO BE ABLE TO DO THEIR OWN THING
ONE I JUST.
ESTABLISH A COMMON DENOMINATOR
FUEL THROUGHOUT THE STATE A
CERTAIN INDEED BE --
ASSISTED WHEN IN FACT YOU GOT
AND REALLY --
PERSON IN A HOTEL ROOM --
WHILE THE OTHER.
EDITIONS BESIDES A PANIC BUTTON.
WELL A AGAIN IT --
WE'RE NOT.
AYE I THINK THIS IS A OF A
RELATIVELY --
MODEST -- A
BILL AND THAT IN ADDITION THE
PANIC BUTTONS WE HAVE PROVISIONS
--
YEAR TO ENSURE THAT EMPLOYEES
WOULD HAVE THE OPPORTUNITY TO BE
ABLE -- TO
TO PURSUE --
ALLEGATIONS OF SEXUAL.
ASSAULT AND SEXUAL HARASSMENT --
TO TO TO APPROPRIATE AUTHORITIES
INCLUDING LAW ENFORCEMENT --
ALSO -- YOU
KNOW REQUIRING HIS SIGNS TO BE
POSTED AND HOTEL ROOMS --
TO SEND A CLEAR MESSAGE AGAIN
THAT YOU KNOW WE'RE DEALING WITH
THE UNIQUE --
WORKPLACE --
CONDITION HERE AWARE HOTEL
HOUSEKEEPERS OFF --
FOUND ALONE IN THESE HOTEL ROOMS
AND SO -- V.
OVERALL PROVISIONS.
AND I I THINK ARE A RELATIVELY
--
MODEST COMMONSENSE --
PROTECTIONS.
TO RECOGNIZE THE UNIQUE --
WORKPLACE CHALLENGES HAVE A
TASK.
S. MISTER KALRA OF SETTLING
MISTER CALDWELL ARE YOU STILL
HERE.
HELLO WELCOME BACK.
THANK YOU FOR BEING HERE SIR AND
I APPRECIATE YOUR YOUR TESTIMONY
AT DOESN'T SOUND LIKE YOU'RE IN
OPPOSITION TO THE SCHOOL TO THE
ATTEMPT OF THE BILL --
BUT THE AUTHOR SAYS THAT THESE
OTHER PROVISIONS AND ADDITION TO
THE PANIC BUTTON ARE ARE
SOMEWHAT MODEST IT YOU ARE YOU
IN AGREEMENT THAT THOSE OTHER
ADDITIONS.
ARE ARE MODEST OR HOW WOULD YOU
LIKE SEE THE MODIFIED TO GET.
YOUR INDUSTRY ONBOARD WITH THIS
--
PROTECTIVE MECHANISM FOR THE
AREA OF THE WOMEN IN NETWORK AT
WORK IN THESE HOTELS THEIR
DISCUSSIONS WE'VE HAD OF THE
OTHERS OFFICE --
HAVE HAVE BASICALLY STOPPED AT
THIS ISSUE OF THE OF VOCALS
BEING ABLE TO COME UP WITH THEIR
OWN -- THERE
THEIR OWN LEGISLATION THEIR OWN
ORDINANCES --
AND AND THAT'S THE PROBLEM IS
WOULD WE WE GOT TO GET THAT ONE
FIRST THAT THE OTHER STUFF.
I THINK WE CAN WE CAN TALK ABOUT
THAT.
BUT AS LONG AS IT'S AS LONG AS
YOUR YOU'RE CREATING A SYSTEM
WHERE --
EVERY LOCAL ORDINANCE CAN COME
UP AND AND REQUIRE NEW NEW
EXPENSIVE TECHNOLOGY PER
SOMEBODY'S ALREADY PURCHASED IT
--
THERE'S NOT MUCH TO DISCUSS YOUR
CONCERNS WITH CITIES AND
COUNTIES APPROXIMATING
APPROXIMATELY WHAT FIVE HUNDRED
MUNICIPALITIES IN THE STATE OF
CALIFORNIA.
YOUR FOR YOUR CONCERN FOR YOUR
MEMBERS AS A JIKA FIVE HUNDRED
DIFFERENT SETS OF RULES TO
ACCOMPLISH A COMMON GOAL IN
ADDITION TO THE STATE.
AN ADDITIONAL EXISTE POINT AND
YOU GO UP AGAINST WHAT YOU SPEND
ALL THE MONEY ON THE ON CITY
GOES OUT SPENT ALL THE MONEY ON
WHATEVER THE STATE REQUIRES AND
THEN THE CITY COMES ALONG AND
SAYS.
OKAY WE WANTED DIFFERENT WHEN
YOU HAVE TO TRASH.
OKAY I APPRECIATE YOUR YOUR EARS
TESTIMONY --
MR CITY IT.
WOULD BE --
A FAIRER --
REQUEST.
TO ASK YOU TO CONTINUE TO WORK
WITH THE APPLICANT'S AND SEE IF
YOU CAN REACH SOME KIND
CONFERENCE OF ANY GREAT IF YOU
GET THE HOTEL INDUSTRY BEHIND
YOUR BILL.
MY DOOR IS ALWAYS OPEN OKAY.
I APPRECIATE THAT.
THINK YOUR CONSIDERATION THANK
YOU THERE'S A MOTION AND BEFORE
WE VOTE AGAIN I WOULD JUST
ENCOURAGE YOU THE CAN BE
CONSIDERED TALKING TO SOMEOF
THE OTHER OPPOSITION FOLKS WHO
ARE.
TERM MAKE SURE THAT WE ALWAYS
HAVE SOME SORT OF APPROPRIATE
IMPLEMENTATION MAYBE THAT'S A
CONVERSATION YOU HAVE AS THIS
BILL MOVES FORWARD. TO
APPROPRIATIONS I WANT TO MAKE
SURE SUCCESSFUL AGAIN I MALL
HARDLY SUPPORT OF WHAT YOU'RE
TRYING TO DO AND THANK YOU FOR
YOUR WORK ON THIS ISSUE THANK
YOU MISTER.
THIS SITE DOES ENJOY A AB
SEVENTY SIX ONE DOES ENJOY A TO
PASS AS AMENDED RECOMMENDATION
TO APPROPRIATIONS ARE TRAPEZE
KALRA.
LARA AYE LIGHT AYE STONE
[inaudible]
JACKSON I JACKSON AYE MITCHELL.
STONE NO FOR NOW.
I HOPE THAT YOU MEET WITH THE
TONE OUT OF THANK YOU MISTER
MESIC ELECTORAL PETAR UP AND I
BETTER NOT TAKE YOU.
SEC SUMMER THURMAN IS GO
FORWARD.
SO THEN YOU HAVE TO ITEMS --
AB TWENTY ONE SIXTY AND TWENTY
THREE THIRTY FOUR ONE A BEGIN
WITH.
TWENTY ONE SIXTY SIR THANK YOU
MISTER CHAIR.
AND MEMBERS OF THE COMMITTEE.
WOULD RESENT AB --
ONE TWENTY ONE SIXTY THIS BILL
WILL PROVIDE EQUITY TO PART TIME
PLAYGROUND EMPLOYEES WHO ARE
CURRENTLY EXCLUDED FROM
CLASSIFIED SERVICE --
THE BILL BILLS OFF OF OTHER WORK
FLASHERS AB --
SIX SEVENTY WHICH DID THE SAME
THING ARE FOR PLAYGROUND
EMPLOYEES --
BUT THE BILL INADVERTENTLY LEFT
OUT -- THOSE
WHO WORK --
IN SOME COMMUNITY COLLEGE AND
MERIT --
THIS BILL SIMPLY --
CORRECTS --
THAT OMISSION --
TO ENSURE --
THAT THE PART TIME PLAYGROUND
EMPLOYEES WERE PUT ON THE WOMEN
--
AND OFTEN SOME THE LOIS A WAGE
EARNERS AT A SCHOOL SITE OF
RECEIVE THE SAME ARE CLASSIFIED
BENEFIT SAYS ARE THOSE WHO DO
SIMILAR WORK IN A SIMILAR
ENVIRONMENTS.
A WITH ME TODAY TO PROVIDE
ADDITIONAL --
CONTEXT IS JI --
FOR US IT SUPPRESS IT THANK YOU
OFF FROM CALIFORNIA SCHOOL
EMPLOYEES ASSOCIATION.
VICTORY ASCA WELL I THANK YOU I
OWN RESPECT INTO WHAT WE ASK YOU
AYE [inaudible]
THANK YOU.
GOOD MORNING MR MET A CHAIRMAN
AND MEMBERS JI SURPRISE HIT WITH
THE COMPANY SCHOOL EMPLOYEES
ASSOCIATION.
WE REPRESENT TO AND FORTY
THOUSAND CLASSIFIES TO
EMPLOYEES.
AND THESE ARE DEDICATED MEN AND
WOMEN WHO HELPED AND SHOULD HOW
STUDENTS GET TO SCHOOL.
FAITH TO FOR FOOD SERVICE
WORKERS.
ARE THE PLAYGROUND LUCAS WHO.
SURE THAT THEY SAFETY ON THE
PLAYGROUND ABOUT CHILDREN IV
BEEN IN EXISTENCE FOR NINETY
YEARS AND OBVIOUSLY WE WILL LOOK
FORWARD TO FIGHTING FOR NOT A
NINETY YEARS AHEAD OF US.
ONTHIS BILL AS THE AUTHOR HAS
STATED ITS AS SIMPLE BILL TO
CORRECT A TECHNICAL --
DRAFTING ERROR LAST YEAR THAT WE
LEFT OUT WHO KNEW THAT THE OUR
PLAYGROUND EIGHT ON THE COMMUTE
COLLEGE'S CAMPUS.
AND THAT THEY ARE HOME FOLKS IN
MERIT SCHOOL DISTRICT THAT MAKES
UP BUT YOU KNOW ABOUT A HUNDRED
OF SCHOOL DOES DISTRICTS
AUTOMATIC THOUSAND SCHOOL
DISTRICTS.
SO WE NEEDED TO CORRECT THAT AND
I THINK THE ANALYSIS ALSO
MENTION THAT THERE NEED TO BE A
AN AMENDMENT TO ENSURE THAT
THESE FOLKS BECAUSE THERE ARE
NONE.
MERIT DISTRICT IS ESSENTIALLY A
CIVIL SERVICE SYSTEM THEY DON'T
NEED TO RETEST TO GET RIGHT BACK
UP AND ALL THOSE THINGS IN THE
OUTSOURCING AMENDMENT RIGHT NOW
YES WE ACCEPT COMMITTEE MEMBER.
WHO WOULD WATCH AYE VOTE THANK
YOU VERY MUCH THANK YOU?
ANY ADDITIONAL WITNESSES IN
SUPPORT.
THANK YOU CHAIRMAN AND MEMBERS
TROSZYN BROWN OF THE CALIFORNIA
FEDERATION OF TEACHERS WHILST
REPRESENT CLASSIFIED EMPLOYEES
AMERICA STRIKES IN URGENT AYE
VOTE THANK YOU.
KIMBERLY ROSENBERGER WITH
SERVICE EMPLOYEES INTERNATIONAL
UNION WHERE POWER TO SUPPORT AND
WE'RE THANKFUL TO THE COMMITTEES
--
STAFF THE AUTHOR AND THE
SPONSORS FOR THEIR HARD WORK ON
THE MOMENT ENSURE THAT THERE'S
NO ON FAIRS UNINTENDED
CONSEQUENCES THANK YOU.
CAITLYN BAKER FOR THE CALIFORNIA
LABOR FEDERATION ALSO HERE IN
SUPPORT.
THANK YOU THIS AWARENESS IS IN
OPPOSITION OF THE MEASURE.
OKAY WILL BE BACK TO COMMITTEE
COMMENTS OR QUESTIONS.
MOTION BY SENATOR WIECKOWSKI.
OF THIS AS A DO PASS
RECOMMENDATION AS AMENDED TO
SENATE APPROPRIATIONS.
SEARCH OUR PLEASE KALRA.
NADA.
I NINE AYE STONE.
STONE NO JACKSON.
JACKSON AYE MITCHELL WIECKOWSKI
[inaudible]
WIECKOWSKI AYE [inaudible]
THANK YOU I HAVE MOVE TO YOUR
NEXT ITEM TWENTY THREE THIRTY
FOUR ONE TO KEEP THE LAST ITEM
OPEN TO ALLOW ARABS MEMBER TO
AND ON TWENTY THREE THIRTY FOR A
THANK YOU MISTER CHAIR MEMBERS
BEFORE TO PRESENT.
AB TWENTY THREE THIRTY FOR A
THIS IS THE BILL TO PROMOTE
WORKPLACE SAFETY AND TO PROVIDE
ENHANCED SUPPORTING A AS IT
RELATES TO WORKPLACE INJURIES
AND ILLNESS --
BILL WILL ESTABLISH THAT WHEN
THERE'S A HEALTH AND SAFETY
VIOLATION THAT IT WILL BE DEEMED
CONTINUOUS UNTIL IT HAS BEEN
CORRECTED.
IT WILL HELP TO IMPROVE OUR
INJURY AND ILLNESS TRACKING ON
THE JOB.
AND THE BILL REQUIRES THAT WHEN
THE FEDERAL OSHA ELIMINATES THE
REQUIREMENT FOR ELECTRONIC
SUBMISSION OF WORKPLACE INJURY
AND ILLNESS DATA.
THAT CAL OSHA O. WILL THEN ADOPT
REGULATIONS REQUIRING EMPLOYERS
--
TO ELECTRONICALLY --
REPORT AND SUBMIT INFORMATION --
FOR TRACKING INJURY AND ILLNESS
DATA ON THE JOB --
WITH ME TO PROVIDE ADDITIONAL
EMPHASIS ON THE NEED FOR THIS
MEASURE IS MAY CONSUMERS
REPRESENT IN THE CALIFORNIA
PROFESSIONAL FIREFIGHTERS
RESPECTFULLY ASK YOUR IBOOK.
THANK YOU WIN THIS ISN'T A PART.
THANK YOU MISTER CHAIRMAN MURS
MUCH TIGHTER WITH CALIFORNIA
LABOR FEDERATION PROUD TO CO
SPONSOR THIS BILL ALONG WITH
CALIFORNIA PROFESSIONAL
FIREFIGHTERS. TO CONTINUE
ADDRESSING THE PROBLEM OF WHAT
WE SEE IS REALLY INSUFFICIENT
DATA REGARDING WORKPLACE INJURY
AND ILLNESS REPORTING --
PRIOR TO THE FEDERAL RULE THAT'S
KIND OF THE SUBJECT OF THIS
BILL.
THERE REALLY WASN'T ANYTHING
REQUIRING THE REPORTING OF THIS
DATA TO ANYONE OTHER THAN
SOMETHING THAT REQUIRES THE
MEDIA REPORTING OF THE MOST
SERIOUS INJURIES NAM ASSISTED
CALLISON.
NOTHING REQUIRE THE REPORTING OF
THE FORM THREE HUNDRED THAT
LISTS ALL THE INJURIES THAT
HAPPEN OR THE THREE HUNDRED
EIGHTY THAT'S THE SUMMARY OF ALL
THOSE INJURIES AND SO.
AS A RESULT WE KIND OF LEFT ALL
OF THAT UP TO THE WORKERS
COMPENSATIONS [inaudible]
WHICH RIGHTLY OR WRONGLY IS FAR
MORE FOCUSED ON TREATMENT OF
EXISTING INJURIES RATHER THAN
PREVENTION OF FUTURE ONES AND
SO.
THERE REALLY ISN'T A CULTURE OF
PREVENTION AND SAFETY OUT THERE
AND SO WHAT WE LIKE TO SEE IS A
SYSTEM THAT.
MORE DIRECTLY ENCOURAGES THAT
AND SO THAT'S WHERE WE WERE
REALLY EXCITED TO SEE THE
FEDERAL RULE HAPPEN --
BUT THE FEDERAL FACES AN
UNCERTAIN FUTURE --
GIVEN THAT AND A VARIETY OF
OTHER.
STRAIGHT XIN AND SO WE WANTED TO
MAKE SURE THAT THE RULE
CONTINUES REGARDLESS OF WHAT
HAPPENS AND SO THE BILL DIRECTS
QALISYA TO BEGIN A RULE MAKING
PROCESS TO ADOPT.
THAT OR SOMETHING SIMILAR IF THE
FEDERAL RULE DOES GO AWAY.
AND ALSO IN THE INTEREST OF
MAKING SURE THAT WE HAVE NOT
JUST ACCESS TO THIS INFORMATION
BUT THAT IS ACCURATE.
THE BILL ALSO CODIFIES A CALLOUS
APPEALS BOARD DECISION KNOWN AS
THE LA COUNTY DECISION THAT
DEALT WITH ARE THE DEFINITION OF
A CURRENTS IN THE LABOR CODE SO
RIGHT NOW --
QALISYA HAS DECIDED EMPLOYER
WITHIN SIX MONTHS OF THE
OCCURRENCE OF A VIOLATION.
JUST USUALLY PRETTY CLEAR BUT
WHEN IT COMES TO RECORD KEEPING
THERE WAS.
A FIGHT IN TWO THOUSAND TWO OVER
WHETHER THE OCCURRENCE OF RECORD
KEEPING VIOLATION WAS WHEN THE
INCIDENT HAPPENED THAN IT SHOULD
HAVE BEEN RECORDED OR TWO YEARS
LATER WHEN IT WAS FOUND OUT.
AND THE COURT DECIDED WE THINK
RIGHTLY THAT.
ON IN ACCURATE RECORDS AND AN
ACCURATE RECORD REGARDLESS OF
WHEN THE THE INCIDENT OCCURRED
AND SO.
ON THAT WAS THE LAW OF THE LAND
UNTIL TWENTY SIXTEEN WHEN A
SUBSEQUENT APPEALS BOARD
DECISION.
OVERRULED THAT AND SO WHAT WE
WANT TO DO IS MAKE SURE THAT WE
GO BACK TO THE WAY THAT IT WAS.
BECAUSE THIS NEW DECISION UDER
THIS NEW ONE IF AN EMPLOYER CAN
JUST MAINTAIN AN ACCURATE RECORD
FOR MORE THAN SIX MONTHS THEY
CAN'T BE CITED FOR IT.
AS A CREATES A REAL INCENTIVE
FOR EMPLOYERS TO LEAVE INJURIES
OFF OF THAT FORM.
THREE HUNDRED BECAUSE AGAIN THEY
DON'T HAVE TO SUBMIT THAT TO
ANYONE SO IT'S UNLIKELY ANYONE
IS GOING TO SEE IT.
AND THAT ALLOWS THEM TO JUST
HIDE THOSE INJURIES AND
ILLNESSES AND NO ONE FINDS OUT
ABOUT HIM THE MARKET CITED FOR
IT ETCETERA.
SO WE JUST WANNA MAKE SURE THAT
WE GO BACK TO THE WAY THINGS
WERE IN TWENTY SIXTEEN AND
PRESERVE THAT SYSTEM AND THE
ACCURATE REPORTING THAT WE THINK
ENCOURAGED AND SO WE URGE AND
I'VE [inaudible]
THANK YOU.
WHEN THIS IS A SUPPORT THANK YOU
MISTER CHAIRMANFIRST MAKING
SUPER SOME BEHALF OF THE
CALIFORNIA PROFESSIONAL
FIREFIGHTERS AND WHERE CO
SPONSORS THIS BILL ALDOUS TOUCH
ON THE ONE ELEMENT THAT I MITCH
DID NOT?
A TOUCH ON SOME NOT REPETITIVE
--
DATA SHARING IN THE WORKERS
COMPENSATION SYSTEM IS
IMPERATIVE FOR UP ALL WORKERS IN
CALIFORNIA BUT IN PARTICULAR OF
OUR INTEREST IS THE PUBLIC SELF
INSURED PLANS.
THE DATA SHARING LANGUAGE
CONTAINED IN THIS BILL WILL
ALLOW FOLKS AT THE OFFICE OF THE
SELF INSURED PLANS TO HAVE
ACCESS TO DATA THAT THEY
CURRENTLY DON'T HAVE ACCESS TO
NOW.
WE THINK IT'S IMPERATIVE FOR
THEM TO BE ABLE TO UNDER.
PROVIDE THAT AWARENESS TO THE
SUBJECT PLANS A CALIFORNIA SO
FOR THOSE REASONS WE ASK FOR
YOUR SUPPORT.
THANK YOU ADDITIONAL WITNESSES
IN SUPPORT.
WHEN THIS IS IN OPPOSITION?
CHAIRMAN AND MEMBERS TEMAS
SLOPER FLICKING AND ASSOCIATES
ARE REGRETTABLY THE BILL WAS
AMENDED SO LATE THAT WE WERE
UNABLE TO GET INTO THE ANALYSIS
ARE.
PUT BOTH THE AUTHORS OFFICE AND
MR BOMB.
ON NOTICE THAT WE DO HAVE
PROBLEMS WITH THE BILL ARMED THE
FIRST PORTION OF THE BILL ON THE
FOLKS DECISION WE WE SEE NO
ISSUES WITH OUR IT'S THE SECOND
ISSUE OF THOSE HIPAA.
DATA REPORTING THAT WE WE THINK
THAT SOME OF THE INFORMATION
THEY'RE LOOKING.
FOR OF WHICH IS VERY EXPENSIVE
TO COMPILE IS NOT REALLY WITH
WILL GIVE THEM THE MEET THE
GOALS THAT THEY'RE INTERESTED
IN.
AS THE SOLVENCY OF SELF INSUREDS
WE'VE SUGGESTED.
VERBALLY AND WE'RE GONNA HAVE
AMENDMENTS THAT WE LOOK AT ARMS
AMENDMENTS THAT WOULD REQUIRE
EACH SELF INSURED PLAN.
TO SMITH THEIR AUDITED STATEMENT
ANNUALLY --
TO OF SIP WHICH WILL GIVE YOU
THE FISCAL BACKGROUND OF OF WHAT
[inaudible]
THE IS IS NEEDED TO SHOW THEIR
SOLVENCY.
ARE WE HOPE TO WORK WITH OUR
FIREFIGHTERS VET CONVERSATIONS
WITH MRS WILMA AND WE PLAN ON
TALKING DURING THE THE RECESS
THANK YOU.
GOOD MORNING LURKER TO SUMMING
UP OF THE CALIFORNIA CHAMBER OF
COMMERCE AGAIN BECAUSE OF THE
LATE AMENDMENTS ON THE TWENTIETH
WE WERE NOT ABLE TO FULLY
ANALYZE THE BILL AND GET A
POSITION ON RECORD WE DON'T
CURRENTLY HAVE A FORMAL POSITION
YET BUT WE ARE.
WE DO HAVE CONCERNS ABOUT THE
BILL AND WE ARE CURRENTLY
ANALYZING IT THANK YOU SO MUCH
THANK YOU.
ADDITIONAL ONE THIS ISN'T
OPPOSITION.
CARILLO BACK TO COMMITTEE.
ANY COMMENTS OR QUESTIONS.
FROM THE COMMITTEE.
THERE'S A MOTION BY SENATOR Y.
KALISKA [inaudible]
YEAH.
THERE'S A MOTION BY SO I CAN'T
GIVE THIS DOES HAVE A DO PASS.
RECOMMENDATION TO
APPROPRIATIONS.
SENATOR PLEASE CALL THE ROLL.
LARA AYE LARA AYE STONE.
STILL NO JACKSON.
AND I MITCHELL WIECKOWSKI.
I CAN'T SAY I THANK YOU MISTER
THROUGHOUT OUR ARE KEEP THE ROLE
PETAR OFFERS MEMBER TIME THEY
CAN GET YOUR NUMBERS.
WE ARE LOOKING FOR AUTHORS
[inaudible]
KALRA LOW [inaudible]
GONZALEZ FLETCHER [inaudible]
SALAS O'DONNELL.
YES WE DO HAVE A CONCERN
CALENDAR [inaudible]
NOT YET [inaudible]
PERFECT.
SENATE JACKSON MOVES ARE CONSENT
SENATOR FISCAL THIS IS A CONSENT
CONOR MEMBERS IS ITEM TO AB
SIXTY NINETY SEVEN AND ITEM
SEVEN TWENTY NINE AB.
TWENTY NINE FIFTEEN LARA AYE LAD
AYE STONE [inaudible]
I JACKSON.
SINCE I MITCHELL [inaudible]
WIECKOWSKI [inaudible]
YEAH I SO MUCH SENATE JACKSON
AB
[inaudible]
THIRTY TWO TWENTY TWO GOV.
AND FROM LONG BEACH [inaudible]
JARS [inaudible]
AND NOW.
GOOD MORNING I'M MISTER CHAIRMAN
OUT CHRISSY.
THANK YOU ARE GOOD MORNING AGAIN
MISTER CHAIR AND MEMBERS AB
THIRTY TWO TWENTY TWO DEFINES
PUBLIC WORKS TO INCLUDE.
INCLUDE CHARTER SCHOOL FACILITY
PROJECTS THAT RECEIVE FUNDING
THROUGH THE CONDUIT REVENUE
BONDS.
THIS WILL ENSURE THAT
INDIVIDUALS WHO WORK ON THESE
PROJECTS RECEIVE PREVAILING
WAGES AND ALLOW THEM TO BENEFIT
FROM A FRIENDSHIP PROGRAMS.
CONDUIT REVENUE BOND AS
FINANCING COORDINATED BY A
NONPROFIT OR PUBLIC ENTITY SUCH
AS THE CALIFORNIA SCHOOL
FINANCING AUTHORITY UNDER THE
TREASURER'S OFFICE.
THE STATE LOSES REVENUE ON THESE
BONDS AS INVESTORS DO NOT PAY
TAXES IN TURN.
THE BORROWER BENEFITS BY
RECEIVING A LOWER INTEREST
RATES.
UNDER EXISTING LAW CHARTER
SCHOOL FACILITIES THAT ARE
FUNDED BY STATE EDUCATION BONDS
ARE REQUIRED TO COMPLY WITH
PREVAILING WAGE.
AND HIGHER CONSTRUCTION
STANDARDS UNDER THE FIELD ACT.
PROJECTS THAT ARE FUND WITH
CONDUIT AVENUE BONDS DO NOT.
WE MUST ENSURE THAT THOSE
WORKING ON THE STATE SUBSIDIZE
PROJECTS ARE SKILLED AND
QUALIFIED.
THIS IS A POLICY THAT KEEPS
GIVING APPRENTICESHIP PROGRAMS
MIDDLE CLASS JOBS WITH POSITIVE
IMPACT ON OUR ECONOMY.
THIS BILL IS MODELED AFTER A
BILL SIGNED BY THE GOVERNOR A
FEW YEARS AGO DEFINING PUBLIC
WORK PROJECTS TO INCLUDE A
GENERAL CUTE CAT.
ACUTE CARE HOSPITALS FUNDED BY
CONDUIT REVENUE BONDS.
I'M WITH ME HERE TODAY ESSAYS
IDEAS WITH --
CALIFORNIA STATE BUILDING AND
CONSTRUCTION TRADES COUNCIL
MISTER CHAIR THANK YOU THINK YOU
WITNESSES IN SUPPORT.
MISTER CHAIRMAN RECESS IDEAS ON
BEHALF THE STATE BUILDING AND
CONSTRUCTION TRADES COUNCIL.
AS DIFFERENT OF ALTERNATIVES
BASICALLY COME UP --
AND IN NEW WITH SUCH AS BOND
CONRAD FINANCING WE OFTEN FIND
OURSELVES HAVING --
TO YOU KNOW CATCH UP THE LABOR
CODE AND MATCH UP YOU KNOW WHAT
IS BASICALLY PUBLIC FINANCING.
OF PUBLIC FINANCING AS YOU KNOW
DESCRIBED IN THE LABOR CODE.
STRUCTURE IN THE DEFINITION OF
TRIGGERS A PREVAILING WAGE
PROTECTIONS FOR THOSE WORKERS SO
BOTH UNION AND NONUNION RECEIVE
THOSE PROTECTIONS.
THIS IS A NEW ALTERNATIVE THAT
IS BEING UTILIZED HEAVILY TO
FUND PRIVATE PROJECTS AND WE'RE
JUST CATCHING UP LABOR BECAUSE
IT DEALS WITH CHARTER SCHOOLS
WHICH ARE PUBLIC ENTITIES
RECEIVING THOSE FUNDS SO WE URGE
YOUR SUPPORT.
PERFECT.
ADDITIONAL ONE THIS ISN'T
SUPPORT.
WHEN THIS IS IN OPPOSITION?
WE'LL BRING IT BACK TO
COMMITTEE.
CONSEQUENCES FOR COMMITTEE.
CENTER STUFF THANK YOU MR PARA
ASSEMBLYMAN --
I THINK YOU MAKE A VERY
COMPELLING ARGUMENT --
TODAY THAT --
THESE --
CONDUIT BONDS --
ARE ARE ESSENTIALLY.
PUBLIC FUNDS AND CHARTER SCHOOLS
ARE BECAUSE I PUBLIC ENTITIES
AND THEY SHOULD BE HELD TO THE
SAME STANDARDS THAT.
ARE TRADITIONAL PUBLIC SCHOOLS.
ARE HELD.
TO AND THE AND THAT MEANS --
THAT THEY SHOULD BE PAYING
PREVAILING WAGE FOR FOR THE
CONSTRUCTION OF SUCH FACILITIES
SO.
I WANT TO THANK YOU FOR BRINGING
FOR KNOWN WITH YOUR BILL
[inaudible]
IF.
THANK YOU SO MOTION BY SENATOR
STONE.
A A ASSEMBLY O'DONNELL JACK TO
CLOSE ASTRONAUT AMSTERDAM HERE.
THANK YOU ARE AND YOU THAT COMES
CLOSE AND COMMITTEE SEEING NONE
THIS IS A DO PASS RECOMMENDATION
TO APPROPRIATIONS.
SUCH A PLEASE CALL THE ROLL NADA
AYE LATIN AYE STONE AYE STONE
AYE JACKSON.
JACKSON AYE MITCHELL WHITE HOUSE
CANNOT WIECKOWSKI AYE.
THANK YOU SUITABILITY THE ROLE
OF QATAR OPS MEMBER TO ANNOUNCE.
NEXT READING FILE ORDER MEMBERS
OF THE MENTIONED A SO WE HAVE
GONZALEZ FLETCHER [inaudible]
TWO ITEMS.
AB THIRTY EIGHT IT MAY BE
WAITRESS PASSED SOME OF THE
STRONGEST WORKER PROTECTIONS IN
THE COUNTRY.
AGAINST SEXUAL HARASSMENT PAY
INEQUITY DISCRIMINATION BASED ON
RACE SEXUAL ORIENTATION OR
ABILITY IN AGREE JUST LABOR
VIOLATIONS LIKE WAGE THEFT.
HOW ARE THOSE LAWS ARE WORTHLESS
IF THEY CANNOT BE ENFORCED IN
COURT BUT BY STATE AGENCIES
BECAUSE AN EMPLOYER HAS FORCED
THEIR WORKERS TO SIGN AWAY THEIR
RIGHTS IN AN ARBITRATION
AGREEMENT?
MANDATING THAT EMPLOYEES GO TO
ARBITRATION IS A PRACTICE WHICH
ALLOWS COMPANIES FORCE EMPLOYEE
COMPLAINTS INTO A SECRETIVE
HEARING.
WHICH HEIGHTS LABOR VIOLATIONS
FROM THE PUBLIC SILENCE HIS
VICTIMS WITH NON DISCLOSURE
AGREEMENTS AND OFTEN PROTECT
SERIAL OFFENDERS.
ARBITRATION COULD BE A HIGHLY
EFFECTIVE DISPUTE RESOLUTION
METHOD WHEN BOTH PARTIES CHOOSE
IT FREELY.
IS FAR LESS SUCCESSFUL ONE ONE
MORE POWERFUL PARTY FORCES THE
OTHER TO ACCEPT IT AS A
CONDITION OF GETTING A JOB.
THIS IS WHY A. B. THIRTY EIGHTY
DOES NOT PROHIBIT EMPLOYERS FROM
USING ARBITRATION AGREEMENTS TO
RESOLVE WORKPLACE DISPUTES.
INSTEAD IT SIMPLY REQUIRES THAT
THE EMPLOYEES CHOOSE TO
VOLUNTARILY SIGNED SUCH
AGREEMENTS.
AB THIRTY EIGHTY ALSO DOES NOT
RENDER EXISTING ARBITRATION
AGREEMENTS UNENFORCEABLE.
I HAVE WITH ME TODAY KEEP THEM
MAKE UP FROM THE STATE.
FEDERATION OF LABOR WAS VEGA.
MISTER CHAIR NUMBERS CAITLYN
BAKER FOR THE CALIFORNIA LABOR
FEDERATION WE ARE PROUD TO BE
THE SPONSORS OF AB.
THIRTY EIGHTY AND TODAY IN
CALIFORNIA IN OVER 70% OF
WORKPLACES.
WORKERS ARE REQUIRED TO SIGN
AWAY THEIR RIGHTS AS A CONDITION
OF EMPLOYMENT WE ARE NOT TALKING
ABOUT I JUST.
LAWYERS OR FANCY HIGHLY PAID
PROFSSIONALS WE ARE TALKING
ABOUT WORKERS IN VIRTUALLY EVERY
INDUSTRY IN PARTICULAR IN LOW
WAGE INDUSTRIES WHERE IT IS
PREDOMINANTLY IMMIGRANT WORKERS
AND WOMEN WORKERS AND LOW WAGE
WORKERS PURSING AND RESTAURANTS.
WHICH SEEING AMONG PART TRUCK
DRIVERS WE'RE SEEING IT AMONG --
DOMESTIC WORKERS WERE HIRED TWO
PRIVATE AGENCIES ACROSS THE
BOARD LOW WAGE WORKERS ARE BEING
REQUIRED TO SIGN THESE
AGREEMENTS JUST TO GET THE JOB.
THEN WHAT DID WHAT THEY FIND OUT
LATER AFTER THEIR WAGES HAVE
BEEN STOLEN AFTER THEY'VE BEEN
SEXUALLY HARASSED AFTER THEY
FACE OTHER WORKPLACE VIOLATIONS
THEY REALIZE.
THAT THAT DOCUMENT THEY SIGN
JUST TO GET THE JOB PREVENTS
THEM FROM GOING TO THE LABOR
COMMISSIONER WHEN THEIR WAGES
ARE STOLEN PREVENTS THEM FROM --
GOING TO COURT WHEN THEY'VE BEEN
SEXUALLY HER THE REQUEST THEY
HAVE IS THE EMPLOYERS.
CONTROLS PRIVATE.
ARBITRATION SYSTEM WHERE THE
ARBITRATOR HAS AN INCENTIVE TO
MAINTAIN THE CONTRACT WITH THE
EMPLOYER AND TO STE THEREFORE TO
SIDE WITH THE EMPLOYER.
ALL WE ARE ASKING IN THIS BILL
IS THAT THAT PROCESS BEACON
SENSUAL THAT WORKERS BE TOLD.
WE HAVE THE OPTION OF THE
ARBITRATION PROCESS BUT YOU
DECIDE FOR YOURSELF WHETHER OR
NOT YOU WANT TO PARTICIPATE
THAT'S ALL THE STUFF THAT THEY
CAN THANK YOU ADDITIONAL
WITNESSES IN SUPPORT DOES NOT
VOTE.
MISTER CHAIRMAN RECESS IDEAS ON
BEHALF OF THE STATE BUILDING
CONSTRUCTION TRADES COUNCIL ALSO
STRONG SUPPORT.
VACANCY RATES ARE EVER THE
CALIFORNIA PROFESSIONAL
FIREFIGHTERS AND SUPPORT.
RENEE BAYARDO SEIU CALIFORNIA
ALSO IN SUPPORT.
VERY BROAD WOULD.TEAMSTER SAG
AFTRA COMMITTED
TRANSIT UNION NIGHT HERE
MACHINES --
LONGSHOREMEN.
SUPPORT OF THE BILL.
TURN MEMBERS KEVIN BAKER OF
AMERICAN CIVIL LITIGATION IN
CALIFORNIA ALSO EXPORT.
GERIATRICIAN BROWN CALIFORNIA
FEDERATION OF TEACHERS IN
SUPPORT.
THANK YOU ADDITIONAL ONE THIS
ISN'T SUPPORT WHEN THIS IS IN
OPPOSITION DISCOMFORT.
CHECK.
HERE WE GO AGAIN MISTER CHAIRMAN
--
A COUPLE OF ITEMS ON THE ON A.
B. THIRTY EIGHTY IF I COULD
FIRST WE VIEW OF VERY POSITIVE
ASPECTS OF ARBITRATION.
WE FIND IT'S A FAR MORE
EFFICIENT LESS COSTLY.
THE AVERAGE COURT CASE TAKES TWO
AND A HALF YEARS TO GET TO TRIAL
IN CALIFORNIA GENERALLY ABOUT
ELEVEN AND A HALF MONTHS FOR
ARBITRATION --
IT ALLOWS EMPLOYERS TO HAVE A
UNIFORM METHOD OF THE
RESOLUTION.
AND I THINK THAT THE BENEFITS --
CLEARLY ARE SHOWN BECAUSE THEY
CAN'T BE TOO BAD IF THEY ARE
GENERALLY INCLUDED IN COLLECTIVE
BARGAINING AGREEMENTS.
AND AN ATTORNEY FEE CONTRACTS --
A COUPLE OF THINGS ABOUT THIS
BILL IN PARTICULAR IT IS NOT
LIMITED TO SEXUAL HARASSMENT IT
APPLIES.
TO ANY VIOLATION OF THE LABOR
CODE AS WELL AS FEE HA IN THE
GOVERNMENT CODE.
WHICH IS MUCH BROADER THAN A
BILL THAT WAS VETOED IN TWENTY
FIFTEEN BY THE GOVERNOR A
BEFORE.
SIXTY FIVE OF THE PROCESS IS NOT
SECRET IN CALIFORNIA CCP SECTION
OF TWELVE EIGHTY ONE POINT NINE
SIX ENUMERATES TWELVE DIFFERENT
DISCLOSURES.
SO WE KNOW QUITE A BIT ABOUT THE
ARBITRATION PROCESS THE RESULTS
THE PARTIES THE ARBITRATORS
THEMSELVES AND HOW THEY RULE IN
CALIFORNIA.
KEEP IN MIND THAT ARBITRATION IS
A FORUM ONE DOES NOT LOSE HIS OR
HER SUBSTANTIVE RIGHTS JUST
BECAUSE T IS A DIFFERENT FORUM
ARBITRATION VERSES A COURT OF
LAW -- THE
SUBSTANTIVE RIGHTS THAT --
THE AUTHOR AND THE SPONSORS OF
THE BILL HAVE LONG SOUGHT ARE
STILL AVAILABLE JUST BECAUSE YOU
SIGN AN ARBITRATION AGREEMENT
DOESN'T MEAN THAT YOU CAN BE
PAID LESS THAN MINIMUM WAGE OR
THAT YOU GIVE UP.
I ANY OTHER SUBSTANTIVE RIGHTS.
IT IS NOT A CONTROLLED PROCESS
IN FACT IN EMPLOYMENT.
ARBITRATION IN THE CALIFORNIA
SUPREME COURT DECISION OF RMAND
AREAS THERE ARE FIVE SPECIFIC --
PROTECTIONS THAT ARE SET FORTH
--
I WOULD NOTE THE ISSUE OF
PREEMPTION WE'VE HEARD THE
ARGUMENTS IN AND READ THE
DRAFTING OF THE BILL --
HOWEVER THE GOVERNOR VETOED A
NARROWER BUILDING TWENTY
FIFTEEN FEDERAL PREEMPTION ANY
NOTED THAT THERE'S A PENDING CAO
A US SUPREME COURT CASE THAT WAS
ISSUED LATER THAT YEAR.
DIRECT TV VERSES --
IMPARJA A JUSTICE BREYER.
ISSUED THE OPINION OR RENT THE
DECISION FOR THE COURT AND
BASICALLY FOUND THAT A
CALIFORNIA LAW DIDN'T PLACE
ARBITRATION ON EQUAL FOOTING
WITH OTHER CONTRACTS AND
THEREFORE --
WAS PREEMPTED ALSO LAST MAY I IN
A SEVEN TWO DECISION JUSTICE
KAGAN WROTE THE OPINION
OBVIOUSLY A MEMBER OF THE
LIBERAL WING OF THE COURT SEVEN
TO TWO DECISION STRUCK DOWN A
KENTUCKY STATUTE.
IN KENTUCKY THEY ARGUED WAS ALL
ABOUT FORMATION AS THE SPONSORS
DO IN THIS CASE AND IF I COULD
JUST BRIEFLY NOTE.
OF MISTER CHAIRMAN.
THE COURT SAID THAT LIMITING THE
FAA TO ONLY STATE LAWS THAT
AFFECT CONTRACTUAL ENFORCEMENT
COULD HAVE THE EFFECT OF
UNDERMINING THE FAA A
COMPLETELY.
QUOTE THE FAA WOULD THEN MEAN
NOTHING AT ALL.
IT'S PROVISIONS RENDERED
HELPLESS TO PREVENT EVEN THE
MOST BLATANT DISCRIMINATION
AGAINST ARBITRATION.
LASTLY AB TWENTY SIX SEVENTEEN A
BILL -- THAT
WAS SIGNED INTO LAW BY THIS
GOVERNOR AUTHORED BY MISS WEBBER
--
WHICH WOULD HAVE LIMITED
ARBITRATION IN CIVIL RIGHTS
DISPUTES WAS RECENTLY STRUCK
DOWN BY THE SECOND DISTRICT
COURT OF APPEAL --
SO WE THINK THAT CLEARLY THIS
BILL IS PREEMPTED AND I WOULD
JUST NOTING CLOSING SUBDIVISION
G. WHICH IS A SEVERABILITY
CLAUSE IS CONTAINED IN THIS
BILL.
THINK YOU ADDITIONAL WITNESSES
IN OPPOSITION.
THANK YOU MISTER CHAIRMAN FIRST
OF THE COMMITTEE I CAN'T COMMENT
ON BEHALF OF THE CIVIL JUSTICE
ASSOCIATION OF CALIFORNIA --
THE AUTHORS BILL BRINGS UP AND
FOSTERS AN IMPORTANT
CONVERSATION REGARDING SEXUAL
HARASSMENT IN THE WORKPLACE --
THAT'S MISTER MCKAY WE NOTED --
IT'S IMPORTANT TO REMEMBER THAT
THIS BILL HARASSMENT IN THE
WORKPLACE AND IS IN FACT QUITE
BROAD AND ENCOMPASSES THE ENTIRE
SPECTRUM OF CLAIMS THAT CAN BE
BROUGHT UNDER FEE HOPPER THE
LABOR CODE.
I IN ADDITION TO THE COMMENTS
MADE BY MISTER MCKAY WE WHICH WE
ACCO.
THIS BILL OFTEN CONFLATES AND
CONFUSES ARBITRATION VERSUS
CONFIDENTIALITY AGREEMENTS.
PROPONENTS OF THIS BILL OFTEN
STATE THAT ARBITRATION SILENCES
CLAIMANTS AND FACT REACHED
RECENTLY.
GRETCHEN CARLSON WAS BROUGHT OUT
AND THE ARGUMENT THAT HAS BEEN
MADE IS THAT SHE IS UNABLE TO
DISCUSS THE FACTS OF HER CASE
BECAUSE SHE WENT THROUGH
ARBITRATION.
ABOUT SIMPLY NOT TRUE.
MS CARLSON CANNOT TALK ABOUT THE
FACTS OF HER CASE BECAUSE SHE
SIGNED A CONFIDENTIALITY
AGREEMENT.
I IN EXCHANGE FOR ABOUT TWENTY
MILLION DOLLARS.
CONFIDENTIALITY OR NON
DISCLOSURE AGREEMENTS ARE NOT
UNIQUE TO ARBITRATION AND FACT
THEY ARE VERY COMMENTED
LITIGATION ON OUR CIVIL COURTS.
SO THIS ISN'T SOMETHING THAT'S
UNIQUE TO ARBITRATION AND BY
GOING THROUGH ARBITRATION YOU
AREN'T SILENCED.
REGARDING NONDISCLOSURE ON
CONFIDENTIALITY PROVISIONS WE
HAVE CONCERNS WITH SECTION THREE
OF THE SPELL WHERE PROHIBITS
SUCH PROVISIONS.
IGNORES THE FACT THAT FOR MANY
WOMEN THAT ARE NOT GRETCHEN
CARLSON ARE NOT.
I'M MAKING THE KIND OF INCOME
THAT SHE IS MAKING.
THAT WOULD NOT RECEIVE THE KIND
OF SETTLEMENT OFFER THAT SHE HAD
MANY WOMEN IN THE WORKPLACE WANT
A CONFIDENTIALITY AGREEMENT FOR
SEVERAL REASONS FIRST.
AT FOR PRIVACY CONCERNS ABOUT
SEXUAL HARASSMENT OFTEN.
I CONTAINS SOME OF VERY PERSONAL
FACTS AND OFTEN EMBARRASSING
STORIES AND WHEN CERTAIN CERTAIN
MANY WOMEN SORRY.
MANY WOMEN DO NOT WANT THAT OUT
IN THE PUBLIC AND SO SHOULD BE
THE VICTIMS CHOICE.
WHETHER OR NOT.
THEY WANT TO HAVE A
CONFIDENTIALITY AGREEMENT THAT
ALSO SHOULD BE THE VICTIMS
TWICE.
TO ENGAGE IN A CONFIDENTIALITY
AGREEMENT BECAUSE MANY WOMEN
WANT TO CONTINUE WORKING IN
THEIR LINE OF WORK EITHER AT
THEIR CURRENT EMPLOYER HAD
ANOTHER EMPLOYER. TO
CONFIDENTIALITY AGREEMENTS CAN
FINANCIALLY BUYING TO THEIR
HARASSER.
FROM BACK CHANNELING WITH
ACQUAINTANCES OR OTHER
COLLEAGUES THAT WOULD PREVENT OR
STYMIE THEIR ADVANCEMENT IN THE
WORKPLACE.
WE ALSO HAVE CONCERNS WITH
SECTION FOUR OF THE BILL AS
WRITTEN WE'VE RAISED WITH MANY
TIMES.
THERE ISN'T ANY ANY ATTEMPT TO
FIX THE ISSUE BUT IT UNDERCUTS
THE ABILITY TO SETTLE CLAIMS
WITH EMPLOYEES AND WE CERTAINLY
DON'T THINK THAT THAT IS THE
INTENT OF THE AUTHOR. TO
PROHIBIT SETTLEMENT OF CLAIMS.
BUT THE LANGUAGE IS SO BROAD AND
SO VAGUE.
BUT THAT IS WHAT THE PRACTICAL
AFFECT WOULD BE AND WE CERTAINLY
CAN'T IMAGINE THAT IT'S THE
INTENT. TO CHANNEL EVERY SINGLE
CLAIMANT THAT BRINGS A CLAIM
UNDER FEE HIGHER THE LABOR CODE.
TO ADJUDICATE THE CLAIM SIR
TRIAL.
CALIFORNIA HAS LEARNED HOW TO
PUBLIC POLICY OF ENCOURAGING
CLAIMANTS BOTH PARTIES TO
NEGOTIATE A SETTLEMENT BETWEEN
THEMSELVES AND SECTION FOUR OF
THE BILL.
UP PROHIBITS OUT SO WE ARE
CONCERNED ABOUT.
AND WE WOULD TONIGHT NOVA THANK
YOU THANK YOU ADDITIONAL
NOT REMAIN CAP OR TRUCKING
ASSOCIATION ALSO POST THE
MEASURE.
PRETTY SELF ON THE CALIFORNIA
ASSOCIATION OF COUNTIES RESPECT
OPPOSITION.
BILL GIVENS WITH CALIFORNIA
SPECIAL DISTRICTS ASSOCIATION
ALSO IN OPPOSITION.
OR CRITICISM AFTER THE
CALIFORNIA CHAMBER OF COMMERCE
OPPOSITION THINK.
MISTER CHAIRMAN MEMBERS A
COMMITTEE DAY BUT WE HAVE THE
UNITED CHAMBER ADVOCACY NETWORK
A COALITION OF LOCAL CHAMBERS OF
COMMERCE IN THE SECOND
MARKETPLACE.
ALSO IN OPPOSITION.
MICHELLE IS A MAP OF THE FAMILY
LAWMAKERS IF CALIFORNIA AND THE
WESTERN CHORUS ASSOCIATION OF
POSTING.
CAVANAUGH SAYS ECONOMY OF THE
CALIFORNIA HOSPITAL ASSOCIATION
APPROVED.
BRIAN LITTLE WITH CALIFORNIA
FARM BUREAU IN THE CALIFORNIA
LEAGUE FOOD PROCESSORS IN
OPPOSITION.
AARON ROBERT WITH THE FAMILY
BUSINESS ASSOCIATION AND THE
CALIFORNIA ASSOCIATION OF JOINT
POWERS AUTHORITIES AND THE
CALIFORNIA EMPLOYMENT LOCKOUTS
[inaudible]
THANK YOU.
ANY ADDITIONAL WITNESSES IN
OPPOSITION SAYING NOW WILL BE
BACK TO COMMITTEE.
UP THE SOME MEMBER GONZALEZ CAN
YOU CLARIFY.
SOME OF THE SHOWS THIS IS
CONCERNS BECAUSE I WANNA MAKE
SURE WE WE UNDERSTAND.
WHAT THE ACTUAL BILL FOR WHAT WE
DISAGREE WITH A LOT OF WHAT
THEY'RE BRINGING FORWARD I'M?
AND I CAN EXPLAIN WHY I THINK
THERE BRING AT FORT AT THIS
POINT I'M NUMBER ONE I HAD
THIRTY EIGHTY DOES ENSURES THAT
A WORKER OR INDEPENDENT
CONTRACTORS NOT PROHIBITED FROM
DISCLOSING ANY INSTANCES OF
SEXUAL HARASSMENT THAT THEY
SUFFER.
SO --
BASICALLY THEY'RE NOT PROHIBITED
IT.
SEEK OUT I'M AT ED NONDISCLOSURE
WITH THE EMPLOYER IF IF THAT
VICTIM THEMSELVES WANT IT NOT
DISCLOSED.
THEY'RE ALSO DISCUSSING --
SETTLEMENTS IT MAKES NO SENSE TO
ME IT'S AN ARGUMENT THAT'S NOW
BEING BROUGHT UP I BELIEVE
WHAT'S HAPPENING HERE IS I'M
WE'RE GETTING SOME VERY.
THAT THE ARGUMENTS AGAINST THE
BILL BUT THEN SOME VAGUE
ARGUMENTS TRYING TO GET USTO
CLARIFY LANGUAGE THAT WE THINK
IT'S PRETTY CLEAR IN ORDER --
THAT WE WOULD HAVE TO GO BACK TO
ON CONCURRENCE --
IN SO.
THAT'S NICE WE CAN HAVE THESE
DISCUSSIONS BUT IT'S UNNECESSARY
AND WE'RE NOT IN AMEND THE BILL
AT THIS POINT I'M JUST TO SIMPLY
SEND IT BACK TO THE ASSEMBLY UP
TO CLEAR BY LANGUAGE THAT WE
THINK IT'S PERFECTLY CLEAR.
SO I I THINK THAT'S WHAT'S GOING
ON IT'S INTERESTING DISCUSSIONS
BUT AS FAR AS ARBITRATION I DO
WANT TO POINT OUT ALL THE COURT
CASES THAT WERE BROUGHT FORWARD
WHERE INVALIDATING ARBITRATION
AGREEMENTS ARE BILL DOESN'T DO
THAT ARE BILL SIMPLY SAYS ONCE
IT'S SIGNED AN ARBITRATION
AGREEMENT IT'S AN ARBITRATION.
AGREEMENT BUT THAT YOU CANNOT --
BE FORCED TO SIGN IT AS A
CONDITION OF EMPLOYMENT SO WE
THINK THIS IS A DIFFERENT WAY OF
ATTACKING --
THAT ANY ANYTHING THAT YOU'RE
FORCED TO DO BASICALLY PRIOR TO
AT IT IN RELINQUISHING YOUR
RIGHTS TO ITEM TO GO TO COURT
FOR YOU RELINQUISHING YOUR
RIGHTS TO GO TO THE LABOR
COMMISSIONER AS A CONDITION OF
EMPLOYMENT OR REYES --
IN THAT IS DIFFERENT THEN --
INVALIDATING EXISTING
AGREEMENTS.
SO OUR COFFEE.
WE HEARD A BILL EARLIER THAT
WEEK SAID FOR A CONCERT.
INSTRUCTION WORKERS THAT HAVE --
WHEN THE?
AND I TENANTS OF COLLECTIVE
BARGAINING IS BINDING
ARBITRATION SO THAT BILL WOULD
SAY THAT IF YOU'RE PART OF IT
ORGANIZE --
A A UNIT THAT YOU OUT WILL ONLY
GO TO A BINDING ARBITRATION AND
YOU WOULD NOT HAVE POCKET
RIGHTS.
IT REDUCES PRIVATE RIGHT OF
ACTION AND THAT THE UNION WOULD
HOLD THAT RIGHT TO PURSUE THAT
AS PART OF THE COLLECTIVE
BARGAINING AGREEMENT.
SO WHEN I'M LOOKING AT YOUR BILL
WILL YOU'RE TALKING ABOUT.
HARASSMENT GOVERNMENT CLAIMS AND
ALL THAT.
THESE WILL BILLS TAKEN TOGETHER
WHICH SEEMED THAT THAT WOULD BE
IF YOU'RE PART OF THAT.
UNION THEN THEY WOULD HOLD THOSE
RIGHTS FOR THAT SIX MONTH PERIOD
AND THEN YOU WOULD.
YOU WITH FOR IT FORGIVE OR
FORGET UP YOUR POCKET RIGHT YOU
USE INDEPENDENTLY MY READING
YOUR BILL WRONG.
MAY I RESPOND JUST TO SPEAK TO
SOME OF THE DISTINCTION THAT I
WOULD MAKE BETWEEN HAVE TO HOLLA
SEES [inaudible]
AND SO.
THE FIRST OF ALL THAT BILL
INVOLVES ONLY PAGA.
I'M IT DOES NOT PREVENT YOUR AT
THE END THE ABILITY OF ANY
WORKER TO GO TO THE LABOR
COMMISSIONER WHICH THESE KIND OF
FORCED ARBITRATION AGREEMENTS
DO.
IT DOES NOT PREVENT ANY WORKER
FROM SUING UNDER ANY OTHER
GROUNDS INCLUDING EVERYTHING
UNDER FEET.
SO THAT BILL IS A VERY LIMITED
IT JUST SAYS PAGA CLAIMS WILL BE
ENFORCED THROUGH THE CBA
PROCESS.
IN ADDITION I THINK THAT ARE
AUTHOR TRIED TO LAY OUT THE FACT
THAT WE ARE NOT HOSTILE TO
ARBITRATION WE THINK ARBITRATION
AS A DEFENDANT FACT OF DISPUTE
RESOLUTION TOOL.
WHERE YOU HAVE TWO PARTIES OF
EQUAL BARTON POWER FOR BOTH
SIDES HOW THE LAWYERS WERE BOTH
SIDES KNOW HOW TO SET UP?
A FAIR SYSTEM AND HOW TO
NAVIGATE IT YOU KNOW IN TYPICAL
UNION ARBITRATION YOU GET A LIST
OF ARBITRATORS YOU TAKE TURNS
STRIKING ARBITRATORS YOU BOTH
HAVE HISTORY OF WHO THOSE
ARBITRATORS ARE AND HOW TO GET A
FAIR DECISION.
AND AN ARBITRATOR WORKS FOR YOU
BOTH THEY HAVE AN INCENTIVE TO
BE FAIR AND DO THE RIGHT THING
IN THIS KIND OF ARBITRATION THE
ARBITRATOR WORKED.
SOLELY FOR THE EMPLOYER THE
WORKER IN MOST CASES IS A LOAN
UNREPRESENTED DOESN'T KNOW THE
LAW DOESN'T KNOW THAT.
THE HISTORY OF THESE ARBITRATORS
SO IT'S A VERY DIFFERENT KIND OF
SYSTEM BUT IT'S ALSO A VERY
DIFFERENT KIND OF EXCLUSIVE
REMEDY.
THAT IS ONE LITTLE PIECE ON AS
OPPOSED TO EVERY OPTION OUT
THERE BEING CLOSE TO YOU THE
OTHER THING I WOULD SAY THAT THE
FUNDAMENTAL DISTINCTION IS.
THIS BILL IS ABOUT CONSENT ASK
THE WORKER THEY'LL PROBABLY
AGREE BUT ASK THEM RATHER THAN
FORCE THEM.
THAT BILL ALSO REQUIRES THE
WORKERS CONSENT BECAUSE WORKERS
HAVE TO APPROVE THE UNION
CONTRACT THE UNION WOULD HAVE TO
BARGAIN FOR THAT WAIVER.
THAT.
THE ARE CONTRACT WOULD THEN GO
TO THE MEMBERSHIP TO BE RATIFIED
SO IN OUR VIEW THAT BILL
INVOLVES CONSENT BECAUSE THE
WORKERS WOULD HAVE TO VOTE. TO
APPROVE THE CONTRACTUAL
PROVISION.
ANY OTHER ADDITIONAL QUESTIONS
OR COMMENTS.
S. WANNA THANK THE AUTHOR I
DON'T GENERALLY [inaudible]
ADELINE ISN'T.
PRINCIPLE CO AUTHOR BUT I THINK
THIS IS --
AND AN ELEGANT APPROACH TO
DEALING WITH THE PROBLEM THAT
HAS GIVEN WORKERS VERY LITTLE
CHOICE GIVEN MOST PEOPLE VERY
LITTLE CHOICE AND DUCK.
APPRECIATE YOUR EFFORTS I I ALSO
SHERRY --
WHAT IS SOMETIMES OF FRUSTRATION
THAT THEIR ARGUMENTS IN
OPPOSITION THAT DON'T?
NECESSARILY AREN'T NECESSARILY
GERMANE TO THE BILL INNER READ
THINGS IN THERE.
THAT COME YOU KNOW FROM
HIEROGLYPHICS MAIN A AND I JUST
THINK IT'S A IT'S IMPORTANT WE
FOCUS ON WHAT THE BILL DOES WHAT
IT SAYS.
AND WHAT THE THE WITH THE GOAL
IS AND I THINK IN THIS CASE.
I'M VERY PLEASED TO TO BE A
PRINCIPAL CO AUTHOR AND TO MOVE
THE BILL.
THANK YOU WE HAVE A MOTION
MEMBERS IS A DO PASS
RECOMMENDATION TO APPROPRIATIONS
OF US ASSEMBLY GONZALEZ WAS
RIGHT CLOSE.
I JUST I THINK YOU AND I I JUST
WANNA POINT OUT IT WERE NOT
HOSTILE TO ARBITRATION AND NOT
SPEND A LOT OF THE FACES A LOT
OF THESE DECISIONS.
I'M AND THAT'S BUT I SAY WE IT'S
NOT PRESENTLY PERMIT MANY MARK
I'M.
MISSION OF THAT WE BUT WHAT WE
ARE NOT AS LIKELY VIEWS NOT HAVE
THIS QUESTION A LOT YOU KNOW I I
CAME OUT OF ORGANIZED LABOR IN
IN BINDING ARBITRATION IS A A
PIECE OF OUR CONTRACT --
BUT IT'S WHERE THE POWER
DIFFERENTIAL IS SO OFF YOU KNOW
WHEN WHEN ARBITRATION AGREEMENTS
AS A CONDITION OF EMPLOYMENT FOR
STARTED YOU OKAY YOU'RE AN
ATTORNEY AND YOUR FOR THAT
YOU'RE ENTERING THE LAW FIRM YOU
HAVE SOME ABILITY TO NEGOTIATE
FOR YOURSELF. ONE SITUATIONS NOW
--
WHERE THEY ARE SIMPLY SAYING I
DID THIS JUST HAPPEN TO MY
DAUGHTER OKAY WOULD LIKE TO HIRE
YOU YOU NEED TO SIGN THIS VERSE
IN OF QUESTION SHE KNOWS WHEN
ARBITRATION AGREEMENT AS?
BUT SHE ASKED WELL WHAT IS IT
AND THEY SAID OH DON'T WORRY IT
JUST MEANS THAT YOU WOULD HAVE
TO PAY TO GO TO COURT IF
SOMETHING WERE WRONG YOU JUST
USE OUR LAWYERS.
THAT'S HOW IT WAS DESCRIBED TO
ME YOU KNOW AS AS A CONDITION OF
BUT BEFORE WE OFFER YOU THIS JOB
YOU HAVE TO SIGN THAT WAY I
THINK THAT'S A BAD
INTERPRETATION WHAT ARBITRATION
AS BUT THIS IS WHAT'S HAPPENING
IN THE RESTAURANT INDUSTRY TO BE
A SERVER.
I END AND YOU KNOW THAT THE
PEOPLE WHO HAVE LIMITED ENGLISH
SPEAKING SKILLS ARE BEING ASKED
TO SIGN AWAY ALL THEIR RIGHTS
WITHOUT EVEN KNOWING --
AND YOU HAVE SIGNED BEFORE YOU
CAN GET OFFER WERE TRYING TO
POWER DIFFERENTIAL --
AND THAT'S SOMETHING THAT
DOESN'T HAPPEN WHEN YOU HAVE A
UNION IN THE WORKPLACE THAT THE
POWERS MARIE ONE THAT'S THE
VALUE OF THE UNION.
THANK YOU THIS AS A DO PASS
RECOMMENDATION TO
APPROPRIATIONS.
CENTER PLEASE CALL THE ROLL
[inaudible]
YEAH.
I'VE LEARNED AYE STONE.
STONE OF JACKSON AYE JACKSON AYE
MITCHELL WIECKOWSKI.
WIECKOWSKI I THINK YOU'RE REALLY
THAT ITEM OFTEN TOLD OUR UP SOME
MEMBER TO AND ON WE'RE GONNA
MOVE TO AB.
THIRTY EIGHTY ONE ALRIGHT THANK
YOU SIR.
FIRST I'D LIKE TO INFORM YOU
THAT CLARIFYING AMENDMENTS
INCLUDING LIGHT THOSE LAID OUT
IN PAGE --
SEVEN OF THE SENATE LABOR
COMMITTEE NOW SAYS WERE ACCEPTED
YESTERDAY IN SENATE JUDICIARY
COMMITTEE AND I'VE COMMITTED TO
WORKING WITH THE OPPOSITION
PARTICULARLY REGARD TO THE
PROPOSED CHANGE REQUIRE
CONSISTENT AUTOMATE.
DOCUMENTATION OF ABSENCES FROM
WORK.
THAT BEING SAID TO ME TO
MOVEMENT HAS GONE A LONG WAY TO
FURTHER THE DIALOGUE ON HOW TO
BETTER PROTECT WORKERS FROM
SEXUAL HARASSMENT IN THE
WORKPLACE HOWEVER THE
EXPERIENCES OF WORKERS IN
AGRICULTURE HOSPITALITY RETAIL
RESTAURANT JANITORIAL AND OTHER
SERVICE INDUSTRIES ARE FAR TOO
OFTEN LEFT OUT OF THE COMMERCE.
PERPETRATORS OF
SEXUAL-HARASSMENT THESE
INDUSTRIES TEND
TO AVOID BEING HELD ACCOUNTABLE
BECAUSE OF SUCH STARK WAGING
POWER DIFFERENCES.
THE WORKERS THEY HARASSED FEAR
BEING RETALIATED AGAINST OR
BEING THREATENED DUE TO THEIR
IMMIGRATION STATUS ABOVE ALL
THEY CANNOT AFFORD TO RISK
LOSING THEIR PAYCHECKS IF THEY
BRING FORWARD A COMPLAINT.
AN OVERWHELMING MAJORITY OF
THESE LOW WAGE WORKERS ARE WOMEN
AND AT LEAST A THIRD OF THESE
WOMEN ARE WOMEN OF COLOR.
THEY'RE THE MOST VULNERABLE AND
OUT TO HAVING THEIR LIVELIHOOD
THREATENED WHEN THEY SUFFER
SEXUAL HARASSMENT ASSAULT THE
WORKPLACE.
A QUENTIN EEOC REPORT IN TWENTY
SIXTEEN ROUGHLY THREE OUT OF
FOUR WOMEN WHO EXPERIENCE SEXUAL
HARASSMENT NEVER REPORTED IT TO
A SUPERVISOR OR MANAGER.
IN INDUSTRIES SUCH AS DOMESTIC
WORK EMPLOYEES ARE OFTEN WORK IN
ISOLATION WHEN EIGHT IN MAY NOT
BE OBVIOUS NAM.
HIS THE SUPERVISOR IS ARE
SUPPOSED TO REPORT.
TO THE NUMBER OF COMPLAINTS
KILEY FILED BY WORKERS DOES NOT
COME CLOSE TO CAPTURING HOW
PERVASIVE THE ISSUANCE.
ADD THE NATIONAL WOMEN'S LAW
CENTER SAYS THAT 60% OF WORKERS
WHO EXPERIENCE SEXUAL HARASSMENT
WORKPLACE HAVE NOT REPORTED IT.
AB THIRTY EIGHTY ONE TAKES A
COMPREHENSIVE APPROACH TO
ADDRESSING THE THREAT OF
RETALIATION AS A BARRIER FOR
WORKERS TRYING TO SECURE SAFETY
AND JUSTICE IN THE WORKPLACE.
THIS BILL ENSURES A WORKER WILL
HAVE AT LEAST THREE YEARS TO
FILE SEXUAL HARASSMENT RELATED
RETALIATION CLAIM.
IF A WORKER CHOOSES TO FILE A
CLAIM THE BILL WILL ESTABLISH
NINETY DAY REBUTTABLE
PRESUMPTION OF UNLAWFUL
RETALIATION.
ADDITIONALLY THIS BILL WOULD
HOLD LABOR CONTRACTORS
ACCOUNTABLE BY REQUIRING CIVIL
LIABILITY FOR CASES OF SEXUAL
HARASSMENT ASSAULT
DISCRIMINATION.
AB THIRTY EIGHTY ONE WOULD ALSO
REQUIRE EMPLOYERS WITH AT LEAST
TWENTY FIVE EMPLOYEES TO PROVIDE
SEXUAL HARASSMENT TRAINING TO
ALL EMPLOYEES EVERY TWO YEARS.
WHAT WE FOUND WITH THE CURRENT
SEXUAL HARASSMENT TRAINING OF
SUPERVISORS OFF AND WORKERS
DON'T UNDERSTAND THEIR RIGHTS TO
NOT BE HARASSED?
ANDFINALLY THIS BILL
STRENGTHENS PROVISIONS WHICH
WOULD EXTEND PROTECTIONS --
TO IMMEDIATE FAMILY MEMBERS OF
VICTIMS WHO TAKE TIME OFF WORK
TO PROVIDE ASSISTANCE TO THE
SURVIVOR SEEKING RELIEF
OBTAINING SERVICES AND COUNT.
AND I HAVE WITH ME TODAY AS
NUMBER OF SUPPORTERS HOGAN SPEAK
IN FAVOR.
WHEN THIS IS IN SUPPORT?
MY NAME IS CATHERINE COBB AND
I'M PROUD TO BE HERE TODAY AS A
PRESIDENT OF TEAMSTERS LOCAL
TWENTY TEN THE UNION OF FOURTEEN
THOUSAND ADMINISTRATIVE SUPPORT
STAFF.
AND SKILLED TRADE WORKERS IN THE
CAL STATE AND UNIVERSITY OF
CALIFORNIA SYSTEM.
OUR UNION STANDS IN FULL SUPPORT
OF AB THIRTY EIGHTY ONE AND IT'S
PROVISIONS TO EXTEND PROTECTION
AGAINST WORKPLACE DISCRIMINATION
FOR SEXUAL ASSAULT.
AND HARASSMENT SURVIVE THERE'S
AND I EXPOSE SEXUAL HARASSMENT
FOR TRAINING NON SUPERVISOR
EMPLOYEES THIS LEGISLATION WOULD
HELP TO INFORM OUR MEMBERS OF
THEIR RIGHTS AND
RESPONSIBILITIES AND PROVIDE.
NEEDED PROTECTION AGAINST UNFAIR
TREATMENT BY THEIR MANAGERS YOU
KNOW THIS ISSUE.
IS OF WORKPLACE HARASSMENT IS
ALSO A PERSONAL ONE FOR ME.
BEFORE BECOMING TWENTY TENS
PRESIDENT I WORKED AT UC IRVINE
FOR FOURTEEN YEARS AND FIVE OF
THOSE YEARS I WAS BULLIED AND
HARASSED BY MY DIRECTOR.
IT WAS SPEAKING I SPOKE TO A
TEAMSTER REPRESENTATIVE SHE
INSPIRED ME TO STAND UP FOR
MYSELF AND MY CO WORKERS AND
ENSURE THAT THIS DIRECTOR WAS
FINALLY HELD ACCOUNTABLE FOR AND
SHE WAS BEING TRANSFERRED.
I KNEW THAT TO THIS DAY FAR TOO
MANY WORKERS AT UC AND CSU FACED
RETALIATION HARASSMENT AND
BULLYING IN THEIR WORKPLACE MUCH
LIKE I DID.
THAT IS WHY OUR LOCAL PARTNERED
WITH ASSEMBLYMAN GONZALEZ
FLETCHER TO PASS AB TWENTY FIFTY
THREE AND TO FOURTEEN TO PROVIDE
TRAINING.
I AND PREVENTING WORKPLACE
BULLYING AND HARASSMENT.
AB THIRTY EIGHTY ONE BUILDS A AB
TWENTY FIFTY THREE TO EXPAND
TRAININGS ON THESE CRITICAL
ISSUES.
ON BEHALF OF OUR FOURTEEN
THOUSAND TEAMSTER SISTERS AND
BROTHERS I URGE ALL COMMITTEE
WORKERS TO SUPPORT A A. B.
THIRTY EIGHTY ONE AND I THANK
YOU FOR LISTENING TO ME.
THANK YOU FOR TESTIMONY.
ADDITIONAL WITNESSES IN SUPPORT
MISTER CHAIR NUMBERS CAITLYN
BAKER FOR THE CALIFORNIA LABOR
FEDERATION.
A I ALSO WENT OUT THAT THIS BILL
TRIES -- TO
CLOSE SOME OF THE LOOPHOLES FOR
EXAMPLE WE KNOW THAT EMPLOYERS
ARE INCREASINGLY USING TEMP
AGENCIES AND LABOR CONTRACTORS
TO SUPPLY WORKERS AND TO TRY TO
SHIELD THEMSELVES FROM LIABILITY
WHEN THOSE WORKERS ARE ABUSED.
WE HAVE SHUT DOWN THAT THE POLL
WHEN IT COMES TWO WAGE THEFT BY
HOLDING THOSE CLIENT EMPLOYERS
JOINTLY LIABLE.
BUT IT STILL EXISTS UP ON ISSUES
LIKE SEXUAL HARASSMENT AND
DISCRIMINATION ON AND AND I WE
TALKED EARLIER ABOUT HOTEL
HOUSEKEEPERS MANY HOTELS IN OUR
USING TEMP AGENCIES TO SUPPLY
HOUSEKEEPERS.
ON AS ARE OTHER INDUSTRIES SUCH
AS JANITORIAL AND OTHER A LOW
WAGE HIGH WAGE THEFT INDUSTRIES
SO THIS BILL WOULD EXTEND THE
PROTECTION TO THOSE WORKERS.
AS WELL AS HELPING TO REDUCE
RETALIATION THANK YOU
[inaudible]
OKAY.
OTHER PROPONENTS AND OPEN IT UP.
FOR THANK YOU TRISTEN BROWN
CALIFORNIA'S FEDERATION OF
TEACHERS HERE IN SUPPORT.
SHANE GUSMAN ON BEHALF THE
CALIFORNIA TEACHERS PUBLIC
AFFAIRS COUNCIL SAG AFTRA UNITE
HERE MOTHER MAY TRANSIT UNION
THE MACHINISTS IFP T. LOCALS
TWENTY AND TWENTY ONE AND UNITED
--
ANY --
UTILITY WORKERS UNION HALL IN
SUPPORT.
CHRIS FOR SIGNS OF THE TRAILER
AND STRONG SUPPORT. FOR NAY
BAYARDO SEIU CALIFORNIA SUPPORT.
THANK YOU ANY OTHER PROPONENTS
OF A AB.
THREE ZERO IF NOT WELL BY THE
OPPONENTS TO COME FORWARD.
HANK MORNING OR CURTIS ON BEHALF
OF THE CALIFORNIA CHAMBER OF
COMMERCE THANK YOU SO MUCH FOR
THE OPPORTUNITY TO TESTIFY TODAY
WE ARE HERE IN OPPOSITION TO A.
B. THIRTY EIGHTY ONE BECAUSE OF
THE NUMEROUS REASONS.
BUT THE FIRST IF THE DUPLICATE
NATURE OF THE UP BILL.
ALREADY THE DEPARTMENT OF FAIR
EMPLOYMENT HOUSING HAS
JURISDICTION OVER SEXUAL
HARASSMENT CLAIMS THIS BILL ADDS
NEW SOME CONTRADICTORY AND SOME
EXACTLY RIGHT --
EXACT REPLICATIONS OF THE
DEPARTMENT ARE DAY GOVERNMENT
CODE AND SO THAT'S OUR CONCERN
IS THAT NOW THE LABOR
COMMISSIONER IS GOING TO HAVE
JURISDICTION OVER SEXUAL
HARASSMENT CLAIMS AS WELL AS THE
DEPARTMENT OF EMPLOYMENT HOUSING
BOTH ARE GOING TO INTAKE THE
CLAIMS.
THEY'RE GOING TO BE
CONTRADICTORY STATURE LIMITATION
ISSUES WITH THE CLAIMS THERE'S
GOING TO BE NO CONTINUITY
BETWEEN THE SO EMPLOYERS ARE
GOING TO BE EXTREMELY CONFUSED
AS WELL AS EMPLOYEES THESELVES
FOR WHERE TO FILE CLAIMS HOW TO
FILE CLAIMS WHO ACTUALLY HAS.
JURISDICTION OVER THESE ISSUES
WHO HAS A REGULATORY AUTHORITY
BECAUSE EXPRESSLY IN THIS BILL
ALLOWS FOR THE LABOR
COMMISSIONER TO HAVE THIS
REGULATORY AUTHORITY.
OVER SEXUAL HARASSMENT ISSUES SO
WE JUST FIND THAT IT'S GOING TO
BE VERY CONFUSING --
AND WE OF AGAIN ABOUT THE
AUTHORS OFFICE IF THAT'S
SOMETHING THAT THEY WOULD
CONSIDER AT THIS POINT
UNDERSTANDING IS NO THEY WANT
THIS IN THE LABOR CODE AND
THEY'RE GOING TO KEEP AN LABOR
CODE WITHOUT ACTUALLY.
AMENDING ANYTHING IN THE
GOVERNMENT CODE I'M ADDITIONALLY
THE TO EMPLOYER LIABILITY PIECE
IS A IT'S AN EXPANSION OF AB I
M. EIGHTEEN NINETY SEVEN WHICH
DID ALLOW FOR JOIN PLAYER
LIABILITY FOR WAGE ISSUES AND
FOR WORKERS COMPENSATION ISSUES.
THOSE ARE READILY IDENTIFIABLE
ISSUES RIGHT YOU HAVE YOUR
WORKERS COMPENSATION PROOF OF
INSURANCE YOU HAVE YOUR WAGE AND
STATEMENTS YOU CAN LOOK AT AND
ADDITIONALLY THOSE ACTIONS BY
THE EMPLOYERS THEMSELVES NOT THE
ACTIONS BY THE EMPLOYERS
EMPLOYEES.
CURRENTLY UNDER THE LAW IF YOU
HAVE CONTROL OVER ANOTHER
EMPLOYERS EMPLOYEES YOU ALREADY
ARE GOING TO BE JOINTLY LIABLE
FOR SEXUAL HARASSMENT OF THOSE
EMPLOYEES THAT'S CURRENT AND LOT
THIS ALLOWS FOR AUTOMATIC TO
EMPLOYER LIABILITY.
WITHOUT THAT'S THE WITHOUT THAT
SIGNIFICANT CONTROL ISSUE AND
THAT'S A BIG CONCERN FOR US
THANK YOU SO MUCH FOR THE
OPPORTUNITY HAS DEFIED.
YOU FOR YOUR TESTIMONY
[inaudible]
NEXT.
THANK YOU MISTER CHAIR UMBEL IT
JUST TWO QUICK ITEMS IF I COULD
I WON I THINK THE AUTHOR FOR
GREEN TO TAKE AMENDMENTS THAT
SHE DID YESTERDAY IN THE
JUDICIARY COMMITTEE --
RELATED TO SECTIONS ONE AND TWO
OF THE BILL THERE IS ONE
LINGERING ITEM.
WHICH IS DEFINITELY OUTSIDE THE
DEFINITION OF OF THE VICTIM AND
THE EXPANSION TO FAMILY MEMBERS
AND WE HAD TALKED WITH THE
AUTHOR OF THE ORIGINAL PIECE OF
THIS BILL.
WHO ARE EIGHTEEN YEARS OF AGE OR
YOUNGER I E. MINERS THAT THEY
WOULD HAVE THE ABILITY TO HAVE
THE FAMILY MEMBERS?
THE SECOND ITEM IS ON THE
REBUTTAL PRESUMPTION THAT THE
AUTHOR REFERENCED --
WE REQUESTED A LOWER THRESHOLD
PERHAPS DOWN TO THIRTY DAYS --
THAT WE'VE --
SUGGESTED.
THANK YOU THANK YOU FOR
TESTIMONY.
MANY OTHERS IN A POSITION PLEASE
COME FORWARD.
TRACY SELMA THE CALIFORNIA STATE
ASSOCIATION OF COUNTIES AND ALSO
ON BEHALF OF MY COLLEAGUE WITH
THE CALIFORNIA SPECIAL DISTRICTS
ASSOCIATION IN OPPOSITION.
AARON ROBERT WITH THE CALIFORNIA
ASSOCIATION OF JOINT POWERS
AUTHORITIES AS WELL AS THE
CALIFORNIA EMPLOYMENT LOCKOUTS
WHEN OPPOSITE.
HE WENT HOME AND CIVIL JUSTICE
ASSOCIATION AND OPPOSITION THANK
YOU.
MATTHEW ON WESTERN ROSE ALSO
POST.
BRIAN LITTLE CALIFORNIA FARM
BUREAU IN OPPOSITION.
AND ANY OTHERS IN OPPOSITION.
AND THAT WILL BRING BACK TO THE
COMMITTEE [inaudible]
MEMBERS.
SET THE SENATE PART I'M REMINDED
OF THE FACT THAT EVERY TIME WE
MAKE A CHANGE.
HOPEFULLY IMPROVE AND REFORM
THINGS --
THERE'S ALWAYS QUESTION AND
THERE'S LITIGATION TO TRY TO
DEFINE AND AND THAT'S WHY WE
HAVE CASE LAW THAT'S WHY WE HAVE
THE COURTS AND THE NOTION.
SOMETHING'S GOING TO LEAD TO
LITIGATION.
IT IS.
NOTHING IS PERFECTLY CLARIFIED
WHEN IT FIRST OCCURS LITIGATION
ISN'T A BAD THING.
I I GET KIND OF TIRED OF HEARING
THAT ALL LITIGATION IS WELL IT'S
GOING TO DESTROY THE WORLD
LITIGATION HELPS CLARIFY WHAT.
EXPECTATIONS ARE.
AND OF THAT'S WHY WE TRY TO HAVE
A GOOD RECORD HERE WHEN WE TALK
ABOUT WHAT THE INTENT IS OF OUR
LEGISLATION AND WE TRY TO
CLARIFY THE LANGUAGE.
BUT YOU KNOW SOME PEOPLE SEE A
GLASS IS HALF FULL OF THE SHE IT
IS HALF EMPTY WE LIVE IT TO THE
COURTS TO DEFINE WHICH IDIOTS.
AND YOU KNOW THE NOTION THAT THE
THAT THIS COULD LEAD TO
LITIGATION WELL WHAT WHAT IT'S
HOPEFULLY ONLY TWO IS CHANGE.
THAT'S WHAT WE'RE TRYING TO
ACCOMPLISH SO I CAN GET A LITTLE
TIRED OF HEARING THAT SAME OLD
MEME.
OF LITIGATION THAT'S GOING TO
CLARIFYING HELP MOVE US FORWARD
HELP PROTECT PEOPLE IN THE
WORKPLACE AND HELP GIVE PEOPLE A
BETTER CHANCE.
TO YOU KNOW I SAY BRING IT ON
THERE WITHOUT A MOVE THE BILL
OKAY.
ANY OTHER ADDITIONAL COMMENTS OR
QUESTIONS FROM COMMITTEE.
WOULD YOU LIKE TO TAKE OUT SOME
OF JACKSON'S.
IT MIGHT OF THE CLOTHES I THINK
IT'S PRETTY GOOD CLOSE.
THE CURVE THANK YOU THIS IS A DO
PASS RECOMMENDATION AS AMENDED
TO APPROPRIATIONS.
SUCH A PLEASE CALL THE ROLL LANA
I NOT AYE STONE.
STONE NO JACKSON.
JACKSON AYE MITCHELL BY CASKEY
[inaudible]
WIECKOWSKI AYE.
THANK YOU MISS GONZALEZ WE ARE
THE ONLY THAT ITEM OPEN TO OUR
UP SOME MEMBER TED ON DECEMBER
SALAS.
VOTE KALRA SORRY INFERIOR.
MISTER KALRA HAS AB.
TWENTY NINE SIXTY THREE WHENEVER
YOU'RE READY.
THINK WAS SURE MEMBERS --
FOR THE OPTION PRESENT AB TWENTY
NINE SIXTY THREE TODAY.
THEY BETWEEN AYE SIXTY THREE
WOULD REQUIRE CALTRAIN
DEPARTMENT OF PUBLIC HEALTH
REPORT TO THE DEPARTMENT OF
INDUSTRIAL RELATIONS DIVISION OF
OCCUPATIONAL SAFETY.
AND HEALTH REFERRED TO AS CAL
OSHA.
ANY INSTANCE WHERE WORKERS BLOOD
LEVELS AFTER ABOUT TWENTY FIVE
MICROGRAMS PER DECILITER.
WHICH MATCHES THE STANDARD THE
FEDERAL GOVERNMENT AND THIRTY
SEVEN OTHER STATES.
USE PURSUANT THE NATIONAL --
EMPHASIS PROGRAM ON LEAD.
THE BILL WOULD ALSO REQUIRE ANY
FINES CITATIONS FROM INSPECTIONS
BY CAL OSHA. TO BE MADE PUBLICLY
AVAILABLE ON AN ANNUAL BASIS
CALIFORNIA LAW.
CURRENTLY CITY PH HAS THE
ABILITY TO REFER CASES VALLEY
ELEVATED LEAD LEVELS TO CAL OSHA
WHICH ENFORCES OCCUPATIONAL
REGULATIONS AND MAY ISSUE
CITATIONS FOR VIOLATIONS AND
EMPLOYER FINDS.
THERE IS HOWEVER OFTEN THE
DISCONNECT ABOUT WARNING THE
POTENTIALLY AFFECTED WORKERS OR
ADDRESSING THE EXPOSURE PROBLEM
AT THE WORK SITE IN A TIMELY
MANNER.
IT'S EVEN WHEN EMPLOYERS REPORT
HIGH BLOOD LEVELS HIGH LEAD
BLOOD LEVEL CDB AGE DOES NOT
HAVE A LEAD BLOOD LEVEL THAT
WOULD TRIGGER A REFERRAL TO CAL
OSHA.
AS WE ALL KNOW THAT CAN HAPPEN
DOWN AND PERMANENT ADVERSE
HEALTH EFFECTS IN BOTH CHILDREN
AND ADULTS AND A VERY HIGH
LEVELS.
THAT WASN'T ME BAGEL.
THE CDC ITSELF STATES THAT NO
SAFE BLOOD LEAD LEVEL EXECS.
I LOT INSPECTION TO EXCITE PLAN
WAS CONDUCTED TWO THOUSAND EIGHT
DIMASI PH WAS AWARE OF NUMEROUS
LEAD POISON WORKERS IT WASN'T
ABOUT SEVEN YEARS LATER THE PLAN
WAS PERMANENTLY CLOSED ORDER
THAT A U. S. PARTNER JUSTICE.
I DON'T FOR ABORTION AT HERE'S A
MORE AGGRESSIVE ACTION BY STATE
AGENCIES COULD HAVE RESOLVED THE
ISSUE MORE RAPIDLY THEREBY
SAVING HUNDREDS OF WORKERS FROM
EXPOSURE TO THE TOXIC METALS.
THE RECENT AMENDMENTS TO THE
BILL A TECHNO IN NATURE PROVIDE
FURTHER CLARITY WITH THE BILL
LINE LANGUAGE AT THE EXISTING.
INVESTIGATORY STRUCTURE WITHIN
CAL OSHA.
OF A BETWEEN AYE SIXTY WOULD
IMPROVE HOW PUBLIC HEALTH
OFFICIALS ARE MADE AWARE OF AND
HANDLE CASE OF THAT PLEASING
AMONG WORKERS IN CALIFORNIA.
AND THE PREVENT.
PETER OR PROLONG INCIDENTS A
LEAD POLICING WORKPLACES AND
AGAIN IT DOES NOT REQUIRE WHAT
CAL OSHA'S CONCLUSIONS ARE IT
JUST SAYS THAT THEY NEED TO OPEN
UP AN INVESTIGATION WENT.
VERY HIGH LEVEL BLOOD LEVELS
WHICH WHICH ARE TWENTY FIVE
MICROGRAMS PER DECILITER IS
IDENTIFIED AT A WORK SITE --
WITH IT WITH THAT --
I HAVE YOUR BILL I'LL YIELD A
CALVET DIRECTOR GOVERNOR AFFAIRS
BY NO WORKING GROUP.
THANK YOU WHEN THIS IS PART
WELCOME THANK YOU A BILL ELLIOT
ENVIRONMENTAL WORKING GROUP OF
SPONSORING THE BILL THANK YOU --
AS HE ANALYSIS POINTS OUT WE
HAVE CASES THAT SHOW THE NEED
FOR THIS BILL ONE WAS EXCITED
BLATANT.
AYE CASE WHERE HUNDREDS OF
WORKERS AND EVENTUALLY THE
NEIGHBORS GOT POISONED BY LEAD
ALSO HERE LOCALLY WENT LED TO
THE CREATION OF THIS BILL AT THE
GENESIS WAS THE CASE WITH A
LOCAL GUN RANGE INDOOR GUN RANGE
OF WHICH WAS POISONING ITS
WORKERS AND THE NEIGHBORS.
JUST A COUPLE QUICK REBUTTALS TO
THE OPPOSITION'S POINTS ONE IS
THEY'RE SAYING THIS WILL CREATE
A NEW SERIOUS VIOLATION THAT'S
AN EXISTING TERM OF OUR THIS
BILL JUST MAKES.
THIS REPORTING TO CAL OSHA
EQUIVALENT TO WHAT THE AGENCY
ALREADY DOES IT THEY FILE A
COMPLAINT IS CONSIDERED.
A SERIOUS VIOLATION A COMPLAINT
CAN BE FILED BY AN EMPLOYEE OR
BY STATE AGENCY IN THIS CASE.
DPH IS HANDING THE MATERIAL OVER
EMPLOYERS MAY NOT REPORT BLOOD
LEVELS -- OF
THE THE CHAMBER OF COMMERCE IS
CLAIMING THAT EMPLOYERS MAY NOT
REPORT PLOT THAT LEVELS --
BECAUSE THEY'RE AFRAID OF BEING
ENFORCED THEY'RE IMPLYING THAT
PEOPLE WOULD BREAK THE EXISTING
LAW WE THINK.
THEY WILL HONOR THE LAW TO
CONTINUE TO REPORT THESE BUT
BUBBLES THEY ALSO CLAIM THAT
THERE MAY BE SOME VIOLATION OF
HIP ARE HEALTH MEDICAL PRIVACY
ACT THAT NEVER EXPLAINED WHY WE
THINK THAT'S A RED HERRING.
LASTLY THEY SAY THIS WOULD
DIVERT RESOURCE AWAY FROM MORE
SERIOUS THINGS TO THIS AND WE
THINK BLOOD LEADS LEAD POISONING
IS A SERIOUS THING WE THINK CAL
OSHA CAN DO THE JOB THEY SAID IN
THE APPROPRIATIONS ON THE OTHER
SIDE.
MINOR STAFF INCREASES TO
IMPLEMENT THIS LASTLY NO NEW
FINDS ENFORCEMENT AUTHORITY IS
GIVEN THE EITHER AGENCY BY THIS
BILL JUST SAYS DO YOUR JOB
BETTER THANK YOU.
THANK YOU MISTER CHAIRMAN
THERE'S MUCH TIGHTER WITH THE
CALIFORNIA LABOR FEDERATION ALSO
IN STRONG SUPPORT OF THIS BILL.
I'M FROM THE REASONS PREVIOUSLY
STATED WE WOULD JUST ADD THAT
THE BILL IS SOMETHING WE REALLY
SEE IS A COMMON SENSE REFORM
THAT.
BETTER REFLECTS THAT OUR CURRENT
SYSTEM THE DEFINITION OF THIS
FOR A SERIOUS VIOLATION THAT IN
THE LAW IT'S DEFINED AS ONE WITH
A REALISTIC POSSIBILITY OF
CAUSING DEATH OR SERIOUS
PHYSICAL HARM.
AND IF YOUR BLOOD LEAD LEVEL IS
IT TWENTY FIVE MICROGRAMS PER
DECILITER WE WOULD ARGUE THAT.
IT'S NOT A POSSIBILITY IT'S AN
ABSOLUTE CERTAINTY THAT YOU'RE
BEING HARMED BY EXPOSURE AT WORK
THAT AS DESCRIBED IN THE
ANALYSIS.
AREN'T KIDNEY DYSFUNCTION STARTS
AT ABOUT FIVE MICROGRAMS PER
DECILITER AND WHEN YOU GET TO
ABOUT TEN THAT'S WHEN
HYPERTENSION AND ESSENTIAL
TREMOR START.
YOU KEEP GOING COGNITIVE
DYSFUNCTION STARTS IN ONE BY ONE
ALL YOUR SEXUAL ORGANS START TO
FAIL AND THAT'S LONG BEFORE.
TWENTY FIVE AND SO BY THE TIME
SOMETHING HAS GOTTEN THERE.
THERE'S SOMETHING GOING
SERIOUSLY WRONG WITH THAT
EMPLOYER AND THEIR
DECONTAMINATION EFFORTS AND SO
IT'S ABSOLUTELY CRITICAL THAT AN
EXPERT COME AND TAKE A LOOK AT
THAT AND SEE WHAT'S GOING ON NOT
JUST BECAUSE OF THE HARM TO THAT
WORKER BUT IF THINGS ARE GOING
THAT.
BADLY AT THAT PLACE AT THAT
WORKPLACE THEY'RE TAKING THAT
LEAD DUST HOME AND EXPOSING
THEIR SPOUSES TO IT EXPOSING
THEIR CHILDREN TO IT.
AND LEAD EXPOSURE IS ONE OF
THOSE SO IT'S ALWAYS CLEAR TO
IDENTIFY THAT IT CAME FROM WHAT
YOU KNOW THINGS LIKE
HYPERTENSION THAT CAN BE CAUSED
BY A LOT OF OTHER THINGS AND SO.
AS A RESULT THE WORKERS
COMPENSATION SYSTEM DOESN'T DO A
GREAT JOB IN DEALING WITH THOSE
WORKERS BECAUSE IT'S HARD TO
PROVE THAT IT HAPPENED THAT
WORKER.
AND AS FAR AS THE CHILDREN THE
DAMAGE CAN BE PERMANENT AND LONG
LASTING AND SO THIS IS A UNIQUE
HAZARD WHERE IT'S ONE THAT IT'S
REALLY REALLY IMPORTANT CATCH IT
EARLY.
PREVENT WORKERS EXPOSURE TO AND
WE THINK THIS BILL DOES A GREAT
JOB OF DOING THAT WE ARE TWENTY
FOUR THANK YOU ADDITIONAL
WITNESSES IN SUPPORT.
OR NAY BY SLU CALIFORNIA ALSO IN
STRONG SUPPORT.
A MARINE ON THE OFFICE HERE OF
CALIFORNIANS SUPPORT.
THIS AWARENESS IS IN SUPPORT
WHEN THIS IS AN OPPOSITION
[inaudible]
CHAIRMAN MEMBERS [inaudible]
WELCOME.
I DON'T THINK YOU.
WE ARE OPPOSED.
TO TWENTY NINE SIXTY THREE
BECAUSE IT REQUIRES A DEPARTMENT
OF PUBLIC HEALTH TO MANDATE
CALLOW SHOULD THEIR INSPECTION
PRIORITIES.
WELL THAT EXPOSURE IS NOT TO BE
TAKEN LIGHTLY THIS IS NOT THE
ANSWER FOR CONTROLLING LEAD
EXPOSURE IN THE WORKPLACE.
UNDER CAL OSHA REQUIREMENTS
EMPLOYERS WITH OPERATIONS.
THAT EXPOSED EMPLOYEES TO LEAD
MUST OFFER BLOOD LEVEL TEST AS A
PART OF MEDICAL MONITORING.
THE RESULTS OF THE BLOOD TESTS
ARE REPORTED TO THE EMPLOYEE AND
TO THE DEPARTMENT OF PUBLIC
HEALTH.
ELEVATED BLOOD LEVELS REQUIRE
FURTHER ACTION BY THE EMPLOYER
THE FIRST ACTION IS TO REMOVE
THE EMPLOYEE FROM THE WORK THAT
EXCEPT THAT IS CAUSING THE
EXPLOSION.
THE ELEVATED BLOOD LEVEL CHRIS
REQUIRE FURTHER ACTION BY TERRY
SET BUTTON.
HOW HAVE?
ELEVATED BLOOD LEVELS DO NOT
TRIGGER --
VIOLATION OF CULTURE.
REGULATIONS INSTEAD IT TRIGGERS
A REQUIREMENT FOR THE EMPLOYER
TO TAKE AN ACTION TO PROTECT THE
EMPLOYEE AND LIMIT THEIR
EXPOSURE.
IN THE WORKPLACE.
AB TWENTY SIX AB TWENTY NINE
SIXTY THREE TREATS THE BLOOD
LEAD LEVELS AS A SERIOUS
VIOLATION AND REQUIRES CAL OSHA.
TO TREAT IT AS SUCH --
THAT REQUIRES AN INSPECTION
WITHIN THE WORK SITE THREE DAYS.
CALLUSES NEARING THE END OF A
LONG PROCESS OF AMENDING THE
CURRENT LEAD CONTROL REGULATIONS
THE DRAFT IS CURRENTLY EXPECTED
TO BE SUBMITTED FOR FORMAL RULE
MAKING IN THE FALL. ONE OF THE
PROVISIONS IN THE DRAFT STANDARD
PROPOSES A NEW LOWER PERMISSIBLE
EXPOSURE LEVELS FOR LATE IN ALL
INDUSTRIES.
THESE REGULATIONS ARE TWENTY SIX
PAGES OF COMPREHENSIVE CONTROL
OF LEAD EXPOSURE IN THE
WORKPLACE AND LOWER ACTIONABLE
LEAD LEVELS EVEN LOWER THAN
THOSE TRIGGERED BY THE
PROVISIONS IN THIS BILL. FOR
EXAMPLE EMPLOYERS MUST HAVE A
PLAN WHEN EVER AN EMPLOYEE HAS A
BLOOD LEVEL ABOVE TEN THAT
INCLUDES SPECIFIC MEANS THAT
WILL BE EMPLOYEE TO REDUCE AND
MAINTAIN.
THE LEVELS BELOW.
TEN RATHER THAN CAL TELLING CAO
WILL SHOW HOW TO DO ITS BUSINESS
WE WOULD INSTEAD SUGGESTS A
MEMORANDUM OF UNDERSTANDING
BETWEEN THE TWO AGENCIES.
SO THE INFORMATION CAN BE
PROVIDED TO CALIBRATION FROM THE
DEPARTMENT OF PUBLIC HEALTH IN A
FORM THAT WOULD BE USEFUL CAL
OSHA AND THEN ALLOW.
THE AGENCY TO DISCRETION TO
DETERMINE IT MOST APPROPRIATE
ACTION.
WE WOULD ASK PER YEAR NO FELT
THINK.
THANK YOU ADDITIONAL WITNESSES
AND OPPOSITION TO PLEASE COME
FORWARD.
THE CALL RICE CALIFORNIA MANY
FACTORS AND TECHNOLOGY
ASSOCIATION ALSO POST
[inaudible]
THANK YOU.
COMMENTS OR QUESTIONS FROM
COMMITTEE.
THERE'S A MOTION A SUMMER CARL
DO YOU MIND RESPONDING TO SOME
OF THE CONCERNS FROM THE
OPPOSITION THINK THAT THANK YOU
VERY MUCH MISTER CHAIR --
YEAH SO.
THIS IS NOT INCREASED SANCTIONS
INCREASE FINES OR ANYTHING ALL
IT'S DOING IS BASIS SAYING THAT
AT A CERTAIN LEVEL --
WHEN THE BLOOD LEAD LEVEL IS SO
HIGH -- THAT.
INC AND BECAUSE THIS INFORMATION
IS GOING TO THE DEPARTMENT OF
HEALTH BUT THEN IT'S NOT NESTLE
GETTING TO CAL OSHA SPACE YOU
SAY HEY JUST SEND IT OVER TO CAL
OSHA.
AND THAT AT THAT POINT CAL OSHA
HAS THREE DAYS TO INITIATE.
AN INVESTIGATION THAT OFTEN
DECIDED THREE DAYS YOU HAVE UP
TO SIX MONTH.
HAVE CORRECTIVE ACTION OCCUR AND
TOTALLY DISCOUNT FIELD LAWYER I
MEAN.
THINK ABOUT IT IT'LL PLAYER HAS
A CONDITION OF THE WORK SITE BUT
THEY'RE NOT AWARE OF THAT THEY
CAN CORRECT.
AND CAL OSHA DOESN'T COMMON
CHECK IT OUT FOR YEARS NOW GUESS
WHAT IT'S GOING TO COST A PLUME
WAY MORE FOUR FIVE SIX SEVEN
EIGHT YEARS DOWN THE ROAD TO FIX
THAT PROBLEM.
THEN. FOR MONTHS ON THE ROAD
THREE MONTHS ON THE ROAD SIX
MONTHS DOWN THE ROAD AND SO THIS
IS NOT A WORKER SAFETY ISSUE
SOME THE I THINK IT'S AN
OPPORTUNITY FOR EMPLOYERS. TO
REALLY WORK IN COOPERATION AND
COLLABORATION WITH THEIR WORKERS
BUT CAL OSHA AND THE DEPARTMENT
OF PUBLIC HEALTH TO ENSURE THAT
WE HAVE SAFE WORK SITES WHICH
EVERY EMPLOYER I KNOW IS
COMMITTED.
TO AS WELL AS THE THE OBVIOUSLY
THE WORKERS.
THANK YOU FIGURINE UP BRINGING
THIS IMPORTANT MEASURE YOU KNOW
SOMEBODY QUICKLY GREW UP.
IN THE EXCITED --
SPILL AREA AND ARE YOU BORN
RAISED AND REPRESENTS STILL PART
OF THE COMMUNITIES ARE AFFECTED
BY EXCITED MY PARENTS STILL LIVE
IN THAT AREA.
UP UNIVERSAL OF US WE DON'T HAVE
AN OPTION YOU KNOW BY. FOR THOSE
OF US THAT DIDN'T HAVE ANY PARTS
BASED WE ACTUALLY PLAYED IN THE
PARKING LOT SO A LOT OF THESE
COMPANIES.
NEXT TO THE PACIFIC RAIL YARD.
I AND THAT'S ALL WE HAD AS AN
OPTION.
TALK ABOUT IGNORANCE IS BLISS AT
THAT EVERYBODY LIVE LIKE THAT --
AND SO THIS IS A VERY IMPORTANT
ISSUE IF YOU TO AMEND THE BILL
WILL HAVE TO BE ADDED AS A CO
AUTHOR --
AND THIS DOES ENJOY A DO PASS
RECOMMENDATION TO APPROPRIATIONS
IS A MOTION.
BY SENATOR JACKSON'S ARE.
LARA PRODUCT LINE AYE STONE.
STONE NO JACKSON AYE JACKSON AYE
MITCHELL WIECKOWSKI.
WIECKOWSKI AYE.
THE COMMERCIALIZATION KEEP THAT
ITEM OPEN TO OUR UP SIMILAR TO
AN ARM SIMMER LOW.
MEMBERS THIS IS AB.
THIRTY EIGHTEEN THANK YOU VERY
MUCH MISTER CHAIR AND MEMBERS --
THIS IS WITH RESPECT TO OUR
SKILLED AND TRAINED WORKFORCE
AND ENSURING THAT WE HAVE
COMPLIANCE.
ENSURING THAT WE HAVE OPTION IS
FOR ALL RESPECTFULLY ASK RIVAL
AND HAVE WITNESSES SPEAKING
SUPPORT.
THANK YOU WHEN THIS ISN'T
SOMEONE.
THANK YOU MISTER CHAIRMAN
PROCESS IDEAS ON BEHALF OF THE
STATE BUILDING CONSTRUCTION
TRADES COUNCIL.
OF THE LEGISLATURE HAS PASSED
THE GOVERNOR SIGNED VARIOUS
PIECE OF LEGISLATION REQUIRING
SKILLED AND TRAINED WORKFORCE
PROVISIONS ON DIFFERENT.
ALTERNATE DELIVERY METHODS AND
SINCE THEN WE'VE BEEN TIGHTENED
UP THE COMPLIANCE WITH THOSE
STATUTES WITH THIS BILL
REPRESENTS IS A COLLABORATION
AND WORKING RELATIONSHIP WITH
OUR CONTRACTORS AND PUBLIC
AGENCIES TO TIGHTEN UP.
AND TO CLARIFY HOW THOSE AND AT
INFORMATIONS ARE ENFORCED.
AND SO FOR EXAMPLE IN THE
PREVIOUS STATUTES WE DID NOT
HAVE THAT ABILITY TO REPAIR WHEN
A CONTRACTOR WAS NOT FOUND IN
COMPLIANCE SO THAT CONTRACTOR
WOULD HAVE PERHAPS BEEN OUT.
OF THE ENTIRE CONTRACT AMOUNT
FOR FAILURE TO COMPLY WITH THIS
BILL REPRESENTS IS AN ACTUAL
PENALTY.
ASSESSED OF FIVE THOUSAND OR TEN
THOUSAND DOLLARS PLUS A ABILITY
TO HOLD WITH HOLD UP TO A
HUNDRED AND 50% OF THE ACTUAL
CONTRACTUAL CAUGHT UP AMOUNT.
SO THAT VILLAGE PUBLIC AGENCY.
AND THE AND THE CONTRACTOR AND
THE SUB CAN WORK OUT HOW TO GET
ACTUAL COMPLIANCE AND IF IT'S
FOUND OUT THERE ACTUALLY GUILTY
OF NONCOMPLIANCE.
THEN THE THEY ACTUAL BILL THE
STATUE TO PROVISIONS PROVIDE FOR
A REMEDY FOR PROTECTIONS OF
THOSE ARE NOT IN VIOLATION BUT
TARGETED ONLY THE SOBS THAT ARE
NON COMPLIANT FOR THOSE REASONS
WE ORDER SUPPORT.
THANK YOU MISTER CHAIRMAN
PRESCOTT GOVERNOR BEHALF OF THE
CONSTRUCTION EMPLOYERS
ASSOCIATION OUR MEMBERS PERFORM
WELL OVER 50% OF ALL SCHOOL
CONSTRUCTION IN THE STATE MOST
OF THE OTHER PUBLIC WORKS
PROJECTS.
WE SEE THIS AS AN EVOLUTION OF
THE POLICY TO ADDRESS A NUMBER
OF ITEMS WHICH WERE LEFT OPEN
BEFORE WE'VE ALSO SEEN IN THE
FIELD AND LACK OF CONSISTENCY
WHEN IT COMES TO ENFORCEMENT.
THIS PUTS LAW ABIDING
CONTRACTORS AT A DISADVANTAGE IF
THEY KNOW SOME DISTRICTS FOR
EXAMPLE ARE GOING TO COMPLY WITH
THE LAW WE THINK THE PENALTIES
WILL ELIMINATE THAT PROBLEM.
AND ENSURE THAT THOSE LAW
ABIDING CONTRACTORS CAN BID ON A
LEVEL PLAYING FIELD SO YOU
SUPPORT THE MEASURE THANK.
THEY GET ADDITIONAL WITNESSES
AND SUPPORT US ARE LARA MEMBERS
THAT MIKE MONICA WHO HAVE TO THE
CALIFORNIA STATE ASSOCIATION OF
ELECTRICAL WORKERS THE
CALIFORNIA STATE PIPE TRADES
COUNCIL THE WESTERN STATES
COUNCIL OF SHEET METAL WORKERS.
IN THE INTERNATIONAL UNION OF
ELEVATOR CONSTRUCTORS --
SKILLED AND TRAINED AS CRITICAL
PART OF PUBLIC CONSTRUCTION.
FAILURE TO ABIDE BY THESE OF
MANDATES SHOULD BE MET WITH
PENALTIES AND WE THINK THIS IS A
GOOD STEP THANK YOU.
FISSION ONENESS IS A PART MR
CHEN MEMBERS CAITLIN BAKER FOR
THE CALIFORNIA LABOR FEDERATION
ALSO HERE IN SUPPORT.
THANK YOU WITNESSES IN
OPPOSITION PLEASE COME FORWARD.
GOOD AFTERNOON MISTER CHAIRMAN
--
WELCOME TO THE COMMITTEE.
A RICHARD MARX AND HERE ON
BEHALF THE WESTERN ELECTRICAL
CONTRACTORS ASSOCIATION THE
CENTRAL SOUTHERN AND SAN DIEGO
CHAPTERS OF ASSOCIATED BUILDERS
AND CONTRACTORS.
THE PLUMBING HEATING COOLING
CONTRACTORS OF CALIFORNIANS
INDEPENDENT ROOFING CONTRACTORS
OF CALIFORNIA AND THE A
CALIFORNIA SHOPPERS AMERICAN
FIRE SPRINKLER ASSOCIATION
[inaudible]
AND UNFORTUNATELY AB THIRTY
EIGHTEEN OUR EMBRACES THE
LOOPHOLE THAT IS BUILT INTO THE
SCHOOL TRAINED WORKFORCE
MANDATES --
THE KEY ELEMENT OF FOR
ENFORCEMENT IS THE REQUIREMENT
OF FOR THE CONTRACTORS TO SUBMIT
A REPORT. TWO THE PUBLIC AGENCY
THAT OUTLINES THEIR COMPLIANCE
WITH THE SCHOOL A TRAINED
WORKFORCE MANDATE HOWEVER.
OF ALL OF THE STATUTES THAT A
MANDATE THE USE OF A SKILLED
TRAINED WORKFORCE EXEMPTS
PROJECTS PURSUANT TO PROJECT
LABOR AGREEMENT THERE IS NO
REPORTING MANDATE FOR
CONSTRUCTION UNDER PROJECT LABOR
AGREEMENT.
OF FOR COMPLIANCE WITH THE
SKILLED TRAINED WORKFORCE DUSTS
THERE'S NO OPPORTUNITY TO SUBMIT
THIS REPORT TO THE LABOR
COMMISSIONER OR TO PENALIZE.
THE A CONTRACTORS UNDER APPEAL
LAY FOR THEIR FAILURE TO COMPLY
NOW THE SPONSORS MAINTAINED THAT
UNDER REPEAL A EVERY WORKER UP
WHO IS EMPLOYED IS UP. TO BY
DEFINITION --
A GRADUATE FROM AN
APPRENTICESHIP PROGRAM --
BUT THE EVIDENCE SUGGESTS
OTHERWISE IN FACT LAST YEAR --
WE HAD TO PASS LEGISLATION THAT
COMPLETELY ELIMINATED THE
TEAMSTERS FROM SKILLED AND
TRAINED WORKFORCE EVEN THOUGH
IT'S AN APPRENTICE SUPPORT.
AND WE CAPPED THE GRADUATION
REQUIREMENTS FOR THE ENTIRE
RANGE OF CARPENTRY MASONRY.
AN OPERATING ENGINEERS ARE
OBVIOUS THINK A DIFFICULTY OF
COMPLYING WITH THE SKILLED AND
TRAINED WORKFORCE IN PARTICULAR
THE GRADUATION MANDATE.
OTHER SUPPORTERS SAY THAT
THERE'S A PROBLEM BUT ONLY OFFER
ANECDOTAL EVIDENCE THAT THERE IS
A PUBLIC AGENCIES WHO ARE NOT
COMPLYING WITH THAT.
TYPICALLY THE LEGISLATURE WANTS
TO SEE SOME A SUBSTANTIVE
EVIDENCE THAT THERE IS A PROBLEM
OUT BEFORE CREATING NEW
PENALTIES IN THIS CASE WERE
STACKING.
UP ON TOP OF THE ABILITY TO
WITHHOLD --
PROGRESS PAYMENTS AT A HUNDRED
AND 50% OF ANY A PAYMENT THAT IS
DUE.
WERE STACKING A FIVE THOUSAND
DOLLAR PER MONTH PENALTY ON TOP
OF THAT --
AND UP TO A TEN THOUSAND DOLLAR
PER MONTH PENALTY ON TOP OF
THAT.
WITHOUT ANY EVIDENCE THAT THERE
WERE ANY CONSTRUCTION DEFECTS
THAT WERE PART OF THAT SO A
CONTRACTOR.
OF COULD BE FACED A WITH A TENS
OF THOUSANDS OF DOLLARS OF
PENALTIES SIMPLY BECAUSE THEY'RE
OUT OF RACIAL --
IF THE MANDATE CALLS 440-
PERCENT GRADUATION RATE AND HE
ONLY HAS 39% A THAT DOES NOT
CONSTITUTE A HUGE OUR
PERSPECTIVE GROUNDS FOR THE
SUBSTANTIAL PENALTIES
[inaudible]
FINALLY.
THE QUESTION FOR A A IT IN THE
ENVIRONMENT WHERE WE ARE
TYPICALLY SEE A CRITICISM FOR
THE UNDERGROUND ECONOMY FOR WAGE
THEFT FOR WORKERS COMPENSATION
FRAUD.
IDEALIST SEE --
HAS A TREMENDOUS AMOUNT OF WORK
ON THEIR PLATE --
DEALING WITH THE UNDERGROUND
ECONOMY AND IN TRYING TO SOLVE
THE MAJOR ISSUES THAT ARE
ASSOCIATED WITH THAT.
IT SEEMS INCONCEIVABLE TO ME OF
THAT WE WILL NOW TASK DEAL ESSIE
WITH REVIEWING THESE REPORTS AND
DETERMINING RATIOS AND AND
PENALIZING CONTRACTORS FOR
FAILURE TO MEET THOSE RATIOS.
WITH NO EVIDENCE THAT THERE WERE
ANY PROBLEMS WITH THE
CONSTRUCTION IT'S SIMPLY A
NUMBERS GAME FOR THOSE REASONS
WE ARE OPPOSED.
THANK YOU ADDITIONAL WITNESSES
ON OPPOSITE IF YOU CAN STONE OF
STONE ADVOCACY ON BEHALF OF
ASSOCIATED BUILDERS AND
CONTRACTORS OF NORTHERN
CALIFORNIA ARE CONCERNED IS ALSO
PRIMARILY WITH THE DISPARATE
TREATMENT OF A UNION AND NON
UNION WORKERS THIS BILL
INCREASES PENALTIES. FOR
NONCOMPLIANCE BUT EXEMPTS ON
COMPANIES WHO ARE WORKING IF
THERE IS A PROJECT LABOR
pTRAINED WORKFORCE --
MANDATES ARE SUFFICIENTLY
IMPORTANT THEN ALL OF A
COMPANY'S WORKERS SHOULD BE HELD
TO THEM NOT JUST SOME. FOR THOSE
REASONS WE RESPECTFULLY.
URGE YOU KNOW THANK YOU
ADDITIONAL WITNESSES IN
OPPOSITION.
SEEING NONE WILL BRING IT BACK
TO COMMITTEE THUNDERSTONE.
THANK YOU --
MISCARRIAGES.
WELCOME SOMEONE NOTICED A FEW
QUESTIONS FOR YOU --
FIRST OF ALL --
CAN YOU TELL ME WHAT IS THE
EVIDENCE OF IT THAT EXISTS THAT
SHOWS A LACK OF COMPLIANCE.
I KNOW THE TRADES AND THAT MADE
ISSUE OF IT BUT I HAVEN'T SEEN
ANY ANECDOTAL EVIDENCE THAT
THERE'S A LACK OF COMPLIANCE YOU
HAVE IN THE DATA THAT SHOWS
THAT.
IF I MAY DIFFER.
FURTIVELY TO SOME MISTER CHAIR
IF I MIGHT THINK IT'S TIME TO
STOP PLEASE.
I ABSOLUTELY MISTER SOME WE WE
HAVE A CAPITA TRACK WITH TEARS
OF TO COMMUNICATING WITH PUBLIC
AGENCIES AND OUR CONTRACTORS
ASSOCIATIONS.
YOU'VE HEARD FROM GENERAL
CONTRACTORS THAT BASICALLY
THEY'VE SEEN NONCOMPLIANCE UPS
OR THEY'VE BEEN SEEING THAT
PUBLIC AGENCIES AREN'T ACTUALLY
COLLECTING THE REPORTS AS
PRESCRIBED BY LAW.
SO EVEN IF IT'S THE PUBLIC
AGENCY THAT STOCK APPLYING THAT
SENDS A SIGNAL TO ALL THE
CONTRACTOR COMMUNITY THAT
BASICALLY THE SKILLED AND
TRAINED AS A REQUIREMENT BUT
THEY'RE NOT ENFORCING IT.
AND SO IN THAT PARTICULAR SENSE
NO ONE IS ACTUALLY PROVIDING THE
REPORTS AND SO BECAUSE WE'VE
SEEN THAT IN OUR LABOR
MANAGEMENT COMPLIANCE COMMITTEES
ARE SEEN AND THE FIELD WITH ALSO
HEARD FROM SOME ASSEMBLY MEMBERS
AS WELL THAT THEY'VE HEARD.
SOME COMPLAINTS IN THEIR
DISTRICTS FROM CONTRACTORS THAT
I ACTUALLY HAVE BEEN FOUND TO BE
IN VIOLATION AND UP THEY WERE
ACTUALLY.
NOT ELIGIBLE TO BID ON THOSE
PROJECTS THAT SHOULD HAVE NEVER
ACTUALLY BEEN BETTING SO WANT
ONE ALSO CLEAR SUGGESTION MAKE
BECAUSE THE OPPOSITION MADE A
LOT OF ACCUSATIONS ABOUT THE
ACTUAL CONTENT OF THE BILL.
IT IS AN OPTION.
THERE'S NO MANDATORY TO PUT ON A
PUBLIC WORKS PROJECT AND SO IF
THEY DO NOT CARRY THE WORK FORCE
TO COMPLY.
BECAUSE THEY FAIL TO GRADUATE
APPRENTICES BECAUSE THEY DON'T
HAVE THE NUMBERS OR BECAUSE THEY
DON'T ACTUALLY TRY TO GRADUATE
PRINCES BECAUSE AS YOU GRADUATE
PRINCES.
THE PREVAILING WAGE LAW SAYS YOU
HAVE TO GIVE THE MORE MONEY AND
COMPENSATION FOR THEIR SKILLS AS
OFTENTIMES CONTRACTORS DON'T
GRADUATE FOR THAT PURPOSE.
SO IT IS THEIR CHOICE TO BID ON
A PUBLIC WORKS PROJECT THAT
REQUIRES A SKILLED AND TRAINED
WORKFORCE OF THEIR NON COMPLIANT
PATIENT BIT.
THANK YOU I APPRECIATE AND I'M
JUST AS IN THE FOLLOW UP IS THAT
--
OVERSEEING OUT IN THE WORKFORCE
AS A AS A LACK OF WORKFORCE
AVAILABILITY [inaudible]
AND WHY WOULD WE INCREASE
ENFORCEMENT AFTER TWO
CONSECUTIVE YEARS OF REDUCING
THEIR REQUIREMENTS AGAIN DUE TO
A LACK OF WORKFORCE DEVELOPMENT
[inaudible]
AND IT APPEARS THAT AB THREE
ZERO ONE A CREATES TWO FINDS
FIVE THOUSAND AND TEN THOUSAND
FOR NONCOMPLIANCE HIT LAST YEAR
THIS LEGISLATIVE COMMITTEE PASS
US BEFORE WHEN A WHICH HE'S.
COMPLIANCE OF STATE STANDARDS IN
OUR INCREASING PENALTIES FOR
COMPLIANCE.
THIS APPEARS TO BE SHIFT IN
PRIORITIES COUGHLIN Y..
BUT THROUGH THE CHAIR AS AS THE
SPONSOR OF THAT LEGISLATION ARM
WE DIDN'T ALICE'S OF THE
DIFFERENT APPRENTICESHIP
PROGRAMS THAT EXIST OUT THERE
AND AND MIND YOU THESE
APPLICATIONS THAT APPLIED TO
BOTH UNION AND NONUNION PROGRAM
SO IT'S EQUALLY ACROSS THE
BOARD.
EVERYONE CAN ACTUALLY THAT'S
THAT HAS A QUALIFIED
APPRENTICESHIP PROGRAM STATE
APPROVED CAN GRADUATE AS MANY
APPRENTICES IN THAT THEY CARRY
THE IRISH THE RATIO.
THEY CAN BID ON THESE PROJECTS
AND SO GIVEN THE AMOUNT OF
CEMENT MASONS FOR EXAMPLE TILE
SETTERS OPERATING ENGINEERS IN
THE DIFFERENT UNIONS THAT
ACTUALLY SAID LOOK.
WE WOULD LIKE TO KEEP IT AT THIS
RATIO FOR A LITTLE BIT AMOUNT AS
WE RAMP UP IN TRAINING AND WE
GET TO THE SPECIFIC NUMBERS SO
THAT ANY PUBLIC WORKS THAT
THAT'S OUT THERE THAT CARRIES
THIS KIND OF SKILLED AND TRAINED
WORKFORCE REQUIREMENT.
THEY'LL BE ELIGIBLE WILL BIT AT
EASE IN WITHOUT HAVING TO SWITCH
WORKERS FROM ONE END TO THE
OTHER.
WITH REGARDS TO THE ACTUAL
PENALTY AS WAS STATED IN AN AND
MY MY COMMENTS.
THE STATUTE ACTUALLY REQUIRED
THE WITHHOLDING OF THE ENTIRE
CONTRACTUAL AMOUNT.
SO WE DON'T BELIEVE IT WAS FAIR
TO WITHHOLD IF THERE WAS A A
PROBLEM WITH ONE OR TWO WORKERS
THAT ACTUALLY WENT DOWN TO BE
NON COMPLIANT. TO WITHHOLD THE
ENTIRE AMOUNT FROM THAT
CONTRACTOR AGAIN BOTH UNION OR
NONUNION.
SO THIS PROJECT THIS PARTICULAR
BILL ADDS A FAIR PROCESS FOR YOU
GET FINED.
AND DEPENDING ON THE SEVERITY OF
YOUR LET A VIOLATION.
THAT CONTRACTUAL AMOUNT WILL BE
WITHHELD.
THANK YOU AND ONE FINAL
QUESTION.
DOES THAT DIR HAVE THE CAPACITY
TO IT ADMINISTER THIS IT'S
COMMON FOR DIETITIAN KNOWS ABOUT
COMPLIANCE REQUEST.
ADDITIONAL INFORMATION SIX
MONTHS TO EIGHTEEN MONTHS AFTER
PROJECTS COMPLETED ALL PAYMENTS
HAVE BEEN MADE.
HOW THIS IS GOING TO BE AN
ONEROUS REQUIREMENT OF THE AYE
ARE WHAT DO YOU THINK IS GOING
TO BE NECESSARY FOR THEM TO
STAFF UP TO MAKE SURE THAT WE
GET?
SCHOOLS DELIVERED ON TIME IT'S
AFTER.
SO LOOKING SO ON THIS
LEGISLATURE HAS PASSED A
ON CONTRACTORS THAT USED TO BEEN
A PUBLIC WORKS PROJECT.
ALL THAT'S FOR HUNDRED DOLLARS
IN ANNUAL FEE AND SO AS A
CONTRACTOR COMES.
BECOME ELIGIBLE TO BID ON THE
PUBLIC WORKS THERE PAYING THAT
FEE.
THAT FEE GOES TO THE ENFORCEMENT
OF PREVAILING WAGE AND ALSO
BECAUSE THE ENFORCEMENT OF THE
TYPES OF PUBLIC WORKS LAW SUCH
AS A SKILLED AND TRAINED.
SO WE'VE BUILT TEN A COMPONENT
OF ENFORCEMENT ON THE PUBLIC
WORK SITE FOR THIS PARTICULAR
PURPOSE.
TBF DAFFY WILL SUFFICE FOR THE
GEARING UP TO DR ABSOLUTELY AND
WE ALSO WANT INCLUDE THAT ON
UNDER PROJECT LABOR AGREEMENT IN
A PUBLIC.
PROJECT A NONUNION CONTRACTOR IS
ELIGIBLE TO BID ON A PUBLIC
WORKS SO AS THERE WERE
CRITICISMS ABOUT THE P. LA NOT
CARING THE REQUIREMENTS.
LOT OF NONUNION CONTRACTORS
ACTUALLY DO BIT UNDER PROJECT
LABOR AGREEMENTS ARE AWARDED
PROJECTS AND SO THEY WERE ALSO
ENJOYS OF THE BENEFITS OF NOT
REPORTING.
THANK YOU ADDITIONAL COMMENTS OR
QUESTIONS FROM COMMITTEE.
THIS DOES ENJOY A DO PASS
RECOMMENDATION TO
APPROPRIATIONS.
MOTION BY SENATOR WIECKOWSKI
SENATOR PLEASE CALL THE ROLL.
LETTER BY LETTER AYE STONE.
STONE NO JACKSON.
JACKSON AYE MITCHELL WIECKOWSKI.
LIKE US HE AYE THANK YOU MISTER
LOGAN OUT --
KEEP DYNAMO OPEN TO OUR UP
SUMMERTIME ON MISTER SALAS WHO'S
BEEN WHEN HERE SO PATIENTLY
MEMBERS --
SUMMER SALAS HAS A BEAT.
THIRTY ONE FORTY FIVE THANK YOU
MISTER CHAIR READY MEMBERS
PRESENT BEFORE YOU ASSEMBLY BILL
THIRTY ONE FORTY FIVE WOULD
ALLOW SPECIFIED STATE EMPLOYEES
PAY INTO.
THE STATE DISABILITY INSURANCE
PROGRAM OUGHT TO ALLOW THESE
WORKERS TO BE ELIGIBLE FOR
BENEFITS SO THE LOOPHOLE WE
FOUND IN THE LAW THAT WE WANT TO
MAKE SURE THAT WE INCLUDE MORE
PEOPLE ACTUALLY PAY INTO THE
SYSTEM IT'S A PROGRAM THAT
ACTUALLY SAVES THE STATE MONEY.
AND WE WERE JUST HURTING
COMMITTEE YESTERDAY AND I
BELIEVE WE HAD --
BIPARTISAN SUPPORT.
THANK YOU WITNESSES IN SUPPORT.
GOOD MORNING SENATORS AND MY
NAME IS DANIEL WILSON I AM A
STAFF SERVICES MANAGER ONE WHICH
IS A LIGHT STEP SUPERVISOR WITH
THE CALIFORNIA DEPARTMENT OF
SOCIAL SERVICES.
IN THE DIVISION THAT OVERSEES
PACK CALIFORNIA CHILD WELFARE
SYSTEM --
BEFORE I GET STARTED I'M I'M NOT
REPRESENTING CDSS AT THE
DEPARTMENT OR THE
ADMINISTRATION.
A ABOUT TWO YEARS AGO MY HUSBAND
AND I BEGIN THE PROCESS OF AYE
FOSTERING AND AT THE FOSTER
ADOPTIVE APPROVAL --
PROCESS AND AS WE GET STARTED ON
THIS PROCESS OF COURSE WE'RE
LOOKING INTO THAT THAT BENEFIT
OPTIONS THE PAVE THE BENEFIT
OPTIONS THAT WE HAVE AVAILABLE
TO US.
WE AT WERE BOTH IN
CLASSIFICATIONS --
THAT ARE EXEMPT SO AS WE WENT
THROUGH THE RESEARCH WE FOUND
OUT THAT WE DID NOT PAY INTO
STATE DISABILITY INSURANCE SO WE
DO NOT HAVE.
ACCESS TO PAID FAMILY LEAVE
PROGRAM THAT ALLOWS THE SIX
WEEKS OF BONDING TIME WITH ANY
CHILD.
UP WE PAID INTO NON INDUSTRIAL
DISABILITY WHICH DOESN'T HAVE
THESE PROVISIONS SO WE KNEW
THAT.
PAID FAMILY LEAVE --
WAS NOT AN OPTION.
WE ALSO LOOKED INTO THE
CATASTROPHIC WE'VE PROGRAM TO
SEE IF I POSSIBLY COLLEAGUES
COULD DONATE LEAVE TIME TO US IN
LIEU OF A GIFT OR SOMETHING LIKE
THAT.
AND I WANT TO GOT TO PERSONNEL
PERSONNEL SAID THAT --
AFTER THEY REVIEW IT WASN'T
APPROVED BECAUSE THE GOVERNMENT
COULD ONLY ALLOWS --
FOR CATASTROPHIC LEAVE DONATIONS
IN THE EVENT OF AN INJURY OR
ILLNESS SO LONG STORY SHORT AT
AFTER WE DID THIS RESEARCH WE
REALIZED THAT WE ONLY HAD OUR
OWN.
VACATION TIME AVAILABLE TO US
AND TO TAKE TAKE LEAVE HAVE WHAT
THE CHILD IS PLACED WITH US.
SO FAST FORWARD TO JULY OF LAST
YEAR A THREE DAY OLD BABY BOY
WAS PLACED WITH US --
AND WHAT WAS HIS NAME FOR
CONFIDENTIALITY AND BUT SO IS
PLACED IN OUR CARE AND WE HAD TO
REALLY LOOK AT IN BE STRATEGIC
WITH THE LEAVE TIME WE HAD
AVAILABLE SO MY HUSBAND WOUND UP
TAKING -- HE
EXHAUSTING HIS AND HIS LEAVE
BALLOTS AND I TOOK ABOUT TWO
WEEKS I IN THE EVENT THAT WE
WEREN'T SURE IF THIS BABY BOY
WAS GONNA STAY WITH US HE COULD
REUNIFY WITH ITS BIRTH PARENTS.
OR HE COULD GO TO LIVE WITH
RELATIVES AND WE OBVIOUSLY
DIDN'T WANT TO EXHAUST ALL OF
OUR LEAVE TIME.
AND THEN ANOTHER CHILD THE
PLACED OUR CARE AND NOT HAVE ANY
TIME AVAILABLE TO BOND WITH HIM
OR HER.
SO WE HAD TO BE STRATEGIC AND
THAT THE ABILITY TO BOND WITH
HIM WAS WAS DIMINISH WE DIDN'T
HAVE AS MUCH TIME --
THANKFULLY HE'S STILL WITH US --
THINGS SEEM TO BE GOING WELL.
BUT YOU KNOW BEING A FOSTER
PARENTING APPARENT GENERAL'S
DEMANDING THERE'S A LOT OF
DEMANDS PLACED ON FOSTER PARENTS
--
SOCIAL WORKER VISITS MONTHLY
SOCIAL WORKER VISITS ALL KINDS
OF THINGS [inaudible]
OPT INTO STI NG AND UTILIZE THE
PAID FAMILY LEAVE PROGRAM THAT
WOULD HAVE BEEN ONE BARRIER OF
PAID FAMILY LEAVE THAT COULD
HAVE BEEN REDUCED FOR US.
I AND I JUST POINT OUT THE IRONY
STRIKING THAT I WORKED AND THE
AGENCY THAT OVERSEES CALIFORNIA
CHILD WELFARE SYSTEM.
AND WE SUPPORT FAMILIES AND
FOSTER FAMILIES AND THEN I
COULDN'T BENEFIT FROM SOME OF
THE SAME SUPPORT MY COLLEAGUES
IN OTHER CLASSIFICATIONS ARE IN
THE PRIVATE SECTOR BENEFIT FROM.
AND SO WITH THAT I THINK YOU FOR
YOUR TIME AND I ASK FOR YOUR
VOTE.
THANK YOU ANY WITNESSES AND
OPPOSITION.
WE'LL BRING IT BACK TO
COMMITTEE.
THE MOTION BY SENATOR STONE
SOMBER ARE SALAS THANK YOU FOR
READING THIS IMPORTANT ISSUE
THANK YOU FOR BEING A FOSTER
PARENT.
AYE WE NEED MORE MORE FAMILIES
LIKE YOURS --
I'M HAPPY TO SUPPORT THE BILL
THIS DOES ENJOY A DO PASS
RECOMMENDATION TO
APPROPRIATIONS.
THE SHAPE KALRA NADA ARE NOT AYE
STONE.
STONE AYE JACKSON HEIGHTS
JACKSON AYE MITCHELL
[inaudible]
WIECKOWSKI LIKE KATHY I GREAT
WE'RE GONNA OF KEEP TO SADDAM
OPEN UP SOME MEMBER TO ADD ON
MEMBERS WE'VE DISPENSED WITH THE
AGENDA.
WE ARE GOING TO RECESS UNTIL ONE
THIRTY WE'RE GONNA RECONVENE AND
ROME THIRTY ONE NINETY ONE
DISALLOWS OUR APPS ABSENT MEMBER
TO ADD.
TIED.
TO BOB HUNDRED GERMAN OF
EDUCATION I SHOULD SAY.
WE'RE GONNA RECONVENE UPON
ADJOURNMENT OF EDUCATIONAL AND
TEMPORALLY RECESS. TO ALLOW OUR
BUDGET CHAIR TO RETURN BACK
FROM.
THE HISTORIC BUDGET SIGNING
TODAY THANK YOU
COMMITTEE.
AND BEFORE WE MOVED TO FILE ITEM
NUMBER ONE WE'RE GONNA ALLOW OR
ABSENT MEMBERS TO ADD ON TO THE
FOLLOWING BILLS ON THE CONSENT
CALENDAR SO WHEN IT GOES THROUGH
--
WE'RE GONNA GO THROUGH THE FILE.
AND LET'S BEGIN WITH THE CONSENT
CALENDAR.
SENATOR BEACON PLEASE CALL THE
ABSENT MEMBERS.
MITCHELL AYE MITCHELL AYE. FIVE
ZERO THAT THING COME UNDER IS
APPROVED.
GONNA GO BACK TO FILE ITEM
NUMBER THREE A. B.. SEVENTEEN
FORTY NINE BY CIMBER DALY THAT'S
A DO PASS RECOMMENDATION TO TAPE
PLEASE CALL THE ABSENT MEMBERS
[inaudible]
JACKSON [inaudible]
MITCHELL [inaudible]
WHY COUNTY
?
BRING ABOVE A COUPLE ITEMS THAT
WE NEED.
CHU ON AND BEFORE LET'S
CONGRATULATE HER ON GETTING ARE
HARD WORK ON THE BUDGET
COMMITTEE AND THEN THE BUDGET
THING TODAY [inaudible]
THANK YOU.
SO WHY DON'T WE GO FILE ITEM FOR
AB SEVENTEEN SIXTY ONE MINUTE TO
CHIT OF THE TO PASS.
AS AMENDED TO APPROPRIATIONS
CHAIR VOTING AYE SURGERY PLEASE
CALL THE ABSENT MEMBERS MITCHELL
[inaudible]
MITCHELL I FOR ONE THAT ITEM IS
OUT.
MOVING ON TO FILE ITEM OUT
NUMBER FIVE AB TWENTY ONE SIXTY
BY SOME REPAIRMEN TO DO PASS AS
AMENDED TO APPROPRIATIONS ARTERY
CLOGGING UP SOME MEMBERS
MITCHELL [inaudible]
MITCHELL I FOR ONE THAT ITEM IS
OUT WITH A LOT OF ITEMS SIX AB
TWENTY THREE THIRTY FOUR BY SOME
BIRTH THURMOND.
DO PASSED TO APPROPRIATIONS
CHAIR VOTING I SURGERY PLEASE
CALL THE ABSENT MEMBERS MITCHELL
[inaudible]
MITCHELL I FOUR ONE THE ITEMS
OUT WENT ON TO AB TWENTY NINE
SIXTY THREE PRESS NUMBER KALRA.
TO DO PASSED TO APPROPRIATIONS.
SENATOR PLEASE CALL THE ABSENT
MEMBERS MITCHELL [inaudible]
MITCHELL I FOR ONE THE ITEMS OUT
OF ATLANTA A. B. FUN NUMBERED
NINE A. B. THIRTY EIGHTEEN PRESS
AMBER LOW. TO DO PASSED TO
APPROPRIATIONS.
THERE'S A PLEASE CALL THE ABSENT
MEMBERS MITCHELL [inaudible]
THIRTY EIGHT THIRTY EIGHTEEN
MITCHELL I FOR ONE THAT ITEM IS
OUT.
MOVING ON TO FIGHT ANOTHER TEN
BY DECEMBER GONZALEZ FLETCHER A.
B.. THIRTY EIGHTY TO PASS TO
APPROPRIATIONS SURGERY PLEASE
CALL THE ABSENT MEMBERS MITCHELL
[inaudible]
MITCHELL I FOR ONE THAT I DON'T
MISS OUT.
OR IDENTIFY ITEM ELEVEN A. B..
THIRTY EIGHTY ONE FIVE GONZALEZ
FLETCHER TO TO PASS AS AMENDED
TO APPROPRIATIONS OUR TRIP
PLEASE CALL THE ABSENT MEMBERS
MITCHELL [naudible]
MITCHELL I FOR ONE THE ITEMS OUT
MOVING ONTO A SOMBER SILENCE IS
ITEM A. B. UPSET.
FILE ITEM NUMBER.
TWELVE AB THIRTY ONE FORTY FIVE
IS A DO PASSED TO
APPROPRIATIONS.
SO CHAIR PLEASE CALL THE ABSENT
MEMBERS MITCHELL [inaudible]
MITCHELL I FIVE ZERO THAT ITEMS
OUT.
WENT ON TO FILE ITEM THIRTEEN AB
THIRTY TO TWENTY TWO S. AMBER
O'DONNELL. TO DO PASSED TO
APPROPRIATIONS CENTERPIECE CHO
THE ABSENT MEMBERS MITCHELL
[inaudible]
MITCHELL I FIVE ZERO THE ITEM IS
OUT MOVING ON TO FINAL FOURTEEN
A. B. THIRTY TO THIRTY ONE PRESS
NUMBER OF GREAT.
DO PASS AS AMENDED TO
APPROPRIATIONS TERRITORY PLEASE
CALL THE ABSENT MEMBERS JACKSON.
JACKSON AYE MITCHELL BOTTOM
MITCHELL AYE. FOR ONE THAT ITEM
IS OUT.
WE'RE GONNA GO BACK TO FILE ITEM
NUMBER.
THREE A. B.. SEVENTEEN FORTY
NINE BY ITS MEMBER DALY.
THAT'S A DO PASS RECOMMENDATION
CHAIR VOTING AYE SURGERY PLEASE
CALL THE ABSENT MEMBERS
[inaudible]
JACKSON.
JACKSON AYE MITCHELL.
MITCHELL AYE WIECKOWSKI.
OKAY WE'RE GOING OUT REPLACE
THAT.
ONE FUND CONDYLAR ABSENT MEMBERS
TO ADD ON OKAY NOW OUT.
WE KNOW SOME OF THE SENATORS AND
MEMBERS ARE MISSING WANTED A
THANK YOU ASSEMBLY WILL BE A FOR
A RETURNING TO COMMITTEE.
IF YOU COULD PLEASE COME FORWARD
THIS IS FILE ITEM NUMBER ONE AB.
SIXTEEN FIFTY FOUR WE HAD
ALREADY CUT.
EXTENSIVE CONVERSATIONS.
ON THIS ITEM BUT WANTED --
GIVEN OPPORTUNITY FOR OUR
SENATORS THAT WEREN'T IN THE
ROOM TO BE ABLE.
TO ASK SOME QUESTIONS IF THE HAT
AND THANK YOU [inaudible] FOR
JACKSON [inaudible]
YEAH.
SO WE'VE HEARD THIS MEASURE A
LAST NIGHT OR SOMETIME
YESTERDAY.
IN YOUR IN YOUR CLOUDED DATE
YESTERDAY.
ENOUGH SENATE JUDICIARY ALONG
WITH SIXTY TWO OTHER BILLS --
BUT I DO HAVE SOME [inaudible]
CONCERNS --
AND SO THE QUESTION I'D LIKE.
TO ASK YOU A AND I'LL TELL YOU
BUT MY PARTICULAR CONCERN IS.
IF THERE ARE INSTANCES OF SEXUAL
HARASSMENT.
AND ALLEGATIONS FOR ME.
AS I UNDERSTAND THE BILL.
THE UNION WOULD BE ABLE TO
DECIDE WHETHER OR NOT TO PURSUE
THE CLAIM.
AND IF THE UNION DECIDED NOT TO
BASICALLY THAT SHE END OF IT
[inaudible]
AND YOU KNOW IN SOME INSTANCES
SOME OF THE PROBLEMS ARE WORK
RELATED.
SO IF YOU HAVE A CLAIM FOR
EXAMPLE AGAINST THE UNION.
OR OR SOMEONE WHO IS THE UNION
--
STEWARD OR WHAT HAVE YOU.
YOU GO TO THE UNION UNDER
COLLECTIVE BARGAINING AGREEMENT
YOU SAY.
I WOULD LIKE TO BRING AN ACTION
I BELIEVE I AM THE VICTIM OF
SEXUAL HARASSMENT.
THE UNION WOULD THAT HAVE THE
ABILITY TO DECIDE NOT TO PURSUE
IT AND YOU'RE OUT OF LUCK
[inaudible]
AND THAT.
IS OF CONCERN TO ME SO --
IT SEEMS THAT.
A IT IT IT THAT IT IS NOT CLEAR
IN THE BILL.
WHETHER OR NOT.
UPON A DETERMINATION BY.
THE UNION UNDER ITS COLLECTIVE
BARGAINING AGREEMENT THEY DECIDE
NOT TO PURSUE THE CLAIM.
WHETHER NOT THAT'S THE END OF
THE CONVERSATION AND THE MEMBER
HAS NO OPTIONS OR IF YOU GIVE
THE UNION.
THE RIGHT TO FILE A CLAIM TO
PURSUE A CLAIM --
AND ULTIMATELY.
THEY DECIDE NOT TO WITHIN THE
TIMEFRAME THAT'S ALLOWED BY LAW
WHETHER OR NOT THE INDIVIDUAL
SHOULD THEN HAVE THE RIGHT. TO
PURSUE A PAGA CLAIM ON THEIR
OWN.
AND AND MY CONCERN IS SAID.
WE'RE WE'RE GIVING A 100% OF THE
DECISION MAKING IT WITH THE
UNION UNDER THIS COLLECTIVE
BARGAINING AGREEMENT.
WHICH CAUSES MAKE CONCERN
PARTICULARLY IN THE AREA OF
SEXUAL HARASSMENT.
COULD YOU THAT HOW TO ALLY IF
THANK YOU MISS VEGA WOULD YOU
WANNA BUT TRANSFER THROUGH THE
CHAIR I JUST THINK YOU SENATOR
FOR THAT QUESTION I THINK YOU
RAISE A VERY IMPORTANT POLICY
ISSUES.
AND THE INTENT OF THIS BILL IS
TO APPLY SIMPLY TO THE PAGA
PROVISIONS OF THE LABOR CODE SO
BASICALLY.
THE PROVISIONS THAT ALLOW YOU TO
SUIT DIRECTLY ON LABOR CODE --
ISSUES THAT DO NOT HAVE THEIR
OWN CAUSE OF ACTION --
ARE THE ONLY ONES COVERED BY
THIS BILL IT IS NOT IT DOES NOT
APPLY TO ANYTHING UNDER THE FAIR
EMPLOYMENT AND HOUSING ACT FEE
HOW WHICH IS IN THE GOVERNMENT
CODE.
FEE HER IS NOT A ENFORCED
THROUGH PAGA IT HAS ITS OWN
ENFORCEMENT YOU FILE WITH THE D.
FE EIGHT YOU GET A RIGHT TO SUE
LETTER YOU CAN GO DIRECTLY TO
COURT AND SUE.
SO ANY MEMBER WHO FACES SEXUAL
HARASSMENT DISCRIMINATION OF ANY
FORM ON ANY OF THE CATEGORIES
THAT ARE PROTECTED UNDER FEET
HIGH AND THERE ARE MANY.
ON THE THEY WOULD BE ABLE TO
PURSUE THAT CLAIM DIRECTLY UNDER
FEE HAS THE SAME WAY ANYONE ELSE
WOULD LIKEWISE A WORKER WHO
WANTED TO ASSERT A CLAIM.
ON BUT UNDER THE LABOR CODE
WOULD STILL BE ABLE TO TAKE
CLAIMS TO THE LABOR COMMISSIONER
AND WOULD STILL BE ABLE TO
PURSUE ANY CLAIM THAT HAS AN
EXPLICIT PRIVATE RIGHT OF
ACTION.
ON IN IT YOU JUST WOULD NOT BE
ABLE TO USE THE PAGA CODES
OUTSIDE PAGA AS AN ENFORCEMENT
TOOL OUTSIDE OF THE COLLECTIVE
BARGAINING PROCESS SO IT'S IT'S
A LIMITED.
AYE.
TYPE OF ENFORCEMENT THAT WOULD
BE SUBJECT.
TERMINATION OF WHETHER IT WAS A
MERITORIOUS CLAIMS AND THAT IS
CONSISTENT WITH THE SAME
ANALYSIS THAT THE UNION HAS TO
DO.
WE HAVE A DUTY OF FAIR
REPRESENTATION TO OUR MEMBERS WE
HAVE TO DO THAT ANALYSIS WITH
EVERY ISSUE THAT A MEMBER BRINGS
TO US TO SAY.
IS THIS A CONTRACTUAL VIOLATION
WERE BASICALLY INCORPORATING.
PULGAS PROTECTIONS INTO OUR CBA
WE WOULD HAVE TO DO THAT
ANALYSIS OF WHETHER IT WAS A
VIOLATION AND WE WOULD HAVE A
DUTY OF FAIR REPRESENTATION TO
THAT MEMBER.
AND SUBJECT OURSELVES TO
LIABILITY IF WE DID NOT PURSUE A
MERITORIOUS CLAIM ON THEIR
BEHALF SO IS IT BASICALLY WHAT
YOU'RE TRYING TO ACCOMPLISH THE
RIGHT OF THE UNION.
WITH THE COLLECT WHERE THERE'S
COLLECTIVE BARGAINING AGREEMENT
TO DETERMINE WHETHER A CLAIM IS
MERITORIOUS ARE NOT.
I THINK THERE ARE ARE.
I THINK THAT THE GOAL WOULD BE
THAT ARE AT THE THE ENFORCEMENT
MECHANISM OF THE COLLECTIVE
BARGAINING AGREEMENT.
WOULD BE THE WAY TO RESOLVE.
ONLY THE CAT OR CATEGORY OF
CLAIMS THAT COULD OTHERWISE BE
BROUGHT IN A POND TO ACTION.
LEAVING OPEN ALL OTHER AVENUES.
AND THOSE WOULD BE THINGS LIKE.
ANY A CLAIM FOR SEXUAL
HARASSMENT ACCLAIM FOR RACIAL
DISCRIMINATION.
DISCRIMINATION BASED ON SEXUAL
ORIENTATION ON DISABILITY
FAILURE TO REASONABLY
ACCOMMODATE THOSE COULD BE FILED
REGARDLESS ABSOLUTELY SO ONE OF
THE ONES THAT WE'RE LOOKING AT
HERE UNDER.
UNDER THE POSITIVE THIS WOULD BE
SO PAGA BASICALLY SAYS THAT A
WORKER CAN STAND IN THE SHOES OF
THE ATTORNEY GENERAL. TO ENFORCE
THE PROVISIONS OF THE LABOR CODE
THAT DON'T HAVE AN EXPLICIT
PRIVATE RIGHT OF ACTION.
IN AND YOU CAN STAND IN THE
SHOES OF THE LABOR COMMISSIONER
AND YOU CAN --
PURSUE THE CLAIM ON BEHALF OF
THE REPRESENTATIVE CLASS.
THAT'S ANOTHER REASON THAT THIS
MAKES SENSE WITHIN THE CONFINES
OF A COLLECTIVE BARGAINING
AGREEMENT BECAUSE IT IS INTENDED
TO BE A REPRESENTATIONAL CLAIMS
ON BEHALF OF A GROUP OF WORKERS
THAT'S WHAT IS UNIQUE ABOUT
POCKET GIVES YOU THE ABILITY TO
BRING A REPRESENTATIONAL.
CLAIM YOUR SAYING THAT INSTEAD
OF YOUR ABILITY TO BRING OVER A
PAGA CLAIM.
YOU TAKE IT TO THE UNION AND
THEY EITHER.
A BRING THE SUIT ON YOUR BEHALF
[inaudible]
OR OR IF YOU DID NOT LIKE THE
UNION'S DECISION YOU WOULD
EITHER BE ABLE TO GO TO THE
LABOR COMMISSIONER AND PURSUE
CLAIMS THAT WAY.
OR YOU WOULD BE ABLE TO PURSUE
ANY CLAIM THAT HAS ITS OWN
PRIVATE RIGHT OF ACTION.
THAT YOU'RE NOT RELIANT UPON THE
PAGA ENFORCEMENT MECHANISM.
FOR SO FOR EXAMPLE UNLAWFUL
TERMINATION.
YOU HAVE THE RIGHT TO SUE FOR
UNLAWFUL TERMINATION DO YOU HAVE
TO GO THROUGH YOUR COLLECTIVE
BARGAINING PROCESS NO YOU DON'T
BECAUSE IT'S NOT BASED ON PAGA
SO YOU KNOW I THINK AMEND THE
MERGE.
BRING THIS BACK TO TO THE CHAIR.
WHEN AS I'M READING THE BILL AND
TOOK TIME TO ANALYZE IT?
SO I DIDN'T REALLY HAVE A NO
TIME TO REALLY LOOK AT IF --
I DON'T SEE A I THINK IS VERY
CLEAR IN THE BILL IN TERMS OF
WHAT THE OTHER REMEDIES ARE
SHOULD YOU BE A VICTIM OF SEXUAL
HARASSMENT.
OR DISCRIMINATION SO THAT'S
WHERE I'M HAVING ISSUES WITH IT
SO WHAT I WANTED TO IF IT'S OKAY
WITH THE MEMBERS.
IS AYE ONE OF CONTINUE WORKING
ON THE BILL ONE THAT YOU KNOW
VOTE THE BILL OUT TODAY
UNDERSTANDING WE HAVE DEADLINES
BUT REALLY FIGURE OUT HOW WE
STRENGTHEN THAT I THINK THERE'S
SOME LEGITIMATE CLAIM OF HOW DO
WE YEAH THE LACK OF CLARITY
WITHIN THE BILL IN TERMS OF I
WANT. TO MAKE SURE THAT DISCLOSE
MY YOU [inaudible]
THE OTHER I HAVE BEEN USED FOR
ANY TO SEEK ANY OTHER REMEDIES
THAT WORKERS MIGHT NEED.
SHOULD THE UNION PURSUE IT OR
NOT ON THEIR BEHALF --
SO.
I MEAN I FEEL COMFORTABLE WITH
DOING THAT UNDERSTANDING THE
URGENCY OF THE MATTER --
AND ONE THEREFORE YOU KNOW
COMMIT TO WORKING.
I DON'T THINK AS IT MOVES
THROUGH --
TO APPROPRIATIONS TO BE ABLE TO
MAKE SURE THAT WE TERRIFYING.
THE CONFUSION ABSOLUTELY AND I
KNOW THAT THAT THAT'S A YOU KNOW
SENATOR JACKSON WAS --
THERE UNTIL NINE FORTY FIVE PM
TRYING TO GET THIS OUT AND I
APPRECIATE THAT TIME AND THE
EFFORT AND I AM --
ABSOLUTELY COMMITTED TO MAKING
SURE THAT ALL OF THOSE QUESTIONS
ARE ANSWERED AND THAT A BECAUSE
IT WOULD BE ACTUALLY IF IF WE
DECLARE FIVE AM I THINK I WOULD
HAVE A PROBLEM WITH IT MYSELF SO
I'M COMMITTING.
ON BEHALF OF THE SPONSORS TO
RICHARD IT'S CERTAINLY NOT THE
INTENT.
OF OUR UNION TO DO ANY OF THAT
RIGHT SO THE CLARITY IS
CERTAINLY NOTHING WE HAVE ANY
TROUBLE WITH.
WE COULD REFER TO THOSE CODES
AND SAY AND OTHER POSSIBLE
THINGS JUST TO MAKE THOSE THINGS
CLEAR IT'S ONLY FOR THE LABOR
CODE IN THE WAY WE RESOLVE THESE
PROFITING JUST THAT THAT WOULD
BE THAT WOULD.
GIVE US SOME MORE CLARITY THAT'S
WHAT WE'RE LOOKING FOR IS WHEN
WE SHOULD WE YOU KNOW WE KNOW
THAT'S NOT THE INTENT OTHER
RIGHT WE DON'T THEN WE'RE NOT
GONNA BE HERE FOREVER RIGHT AND
THEN SOMEBODY ELSE MY INTERNET
ONE EARLY ON TO THIS TO CHANCE
GIVE AND YOU.
KNOW THE PREVALENCE OF THIS
HAPPENING THEN YOU ALSO TALK
WITH SOME OF THE OTHER FOLKS
WHO'VE EXPRESSED CONCERNS --
TO SEE IF WE CAN'T GET THE
CLARITY SO I THINK WE'RE ALL.
KIND ON THE SAME PAGE BUT I'M
NOT SURE NOT BECAUSE I'M NOT
CLEAR ENOUGH SO IF I MAY WE WE
HAD HALF I HAVE HAD SIMILAR
DISCUSSIONS TO WHAT YOU JUST
MENTIONED SENATOR.
UP WE HAVE NARROWED IT DOWN TO A
CERTAIN SET OF ISSUES.
AND I HAVE COMMITTED BECAUSE I
BELIEVE IT MAKES A BILL BETTER
YOU ACTUALLY TAKE IT AND JUST
DON'T DISMISS THINGS.
I DON'T THINK WE'RE THERE YET IN
TERMS OF BUT I'M NOT THE
DIFFERENT DECIDERS AS ONE OF OUR
GREAT PRESIDENTS WON SAID --
THE TITLE HE SEEMS GREATER AND
GREATER EVERY NIGHT.
EXPERIMENTING RIGHT SO WE WILL
RUN THAT UP THE FLAGPOLE ARE
TOURNEY'S WILL LOOK AT THAT
EVERY WHICH WAY AND WILL WORK ON
YET AND OUR STAFF WILL REMAIN --
WOMEN INVOLVED IN THE
NEGOTIATIONS TO MAKE SURE THAT
WE THAT THE PROPER CARE NOT ALSO
WANTED A EXPRESS MY APPRECIATION
TO STAFF I KNOW THAT THEY'VE
BEEN WORKING.
YOU KNOW WE HOURS IN THE MORNING
AND I UNDERSTAND --
AND I REALLY APPRECIATE YOUR
HARD WORK ON THIS AYE IT'S I
DIDN'T REALIZE HOW HOLE MUCH YOU
GUYS WORK BUT I REALLY DO
APPRECIATE ALL OF THE WORK AND
AND THANK YOU FOR ALIGNMENTS
FORMER STAFFERS WE ACTUALLY
APPRECIATE THAT ALL THE TIME.
AND THANK YOU SO VERY HIT THIS
--
SO WHERE WE ARE WELL AS THIS
WE'RE GOING TO CONTINUE --
WORK THROUGH THE APPROPRIATIONS
COMMITTEE TO MAKE SURE WE GET
THE PROPER CLARITY.
IN TERMS OF THE PROTECTIONS --
THAT WE'RE LOOKING FOR AGAIN WE
KNOW THAT'S NOT THE INTENT OF
THE UNION BUT WE WANT TO MAKE
SURE.
THAT WORK CLEAR CRYSTAL CLEAR
AND THAT WE HAVE ALL THE
REMEDIES AVAILABLE FOR
FARMWORKERS --
SO WITH THAT AND WE ARE GOING TO
ENTERTAIN THE MOTION IT'S A TO
PASS TO APPROPRIATIONS.
THANK YOU THERE'S A MOTION ON
THE SECOND.
SURGERY PLEASE CALL THE ROLL
NADA AYE LAD AYE AYE STONE.
JACKSON.
JACKSON AYE MITCHELL AYE
MITCHELL AYE WIECKOWSKI
[inaudible]
WIECKOWSKI AYE.
THANK YOU ARE GONNA KEEP THAT
OFTEN TURN UP SOME MEMBER TODD
ON THANK YOU.
MISTER WIECKOWSKI YOU ARE WE
GOING TO LIFT THE CALL ON FILE
ITEM NUMBER THREE AB SEVENTEEN
FORTY NINE TO ALLOW YOU TO ADD
ON TO A TRAPEZE CALL YELTSIN
MEMBERS.
WHITE HOUSE GET. FOUR ZERO THAT
ITEM IS OUT
.
THANK YOU WE'RE GONNA.
RECONVENE OUR COMMITTEE MEETING
WE HAVE ONE ITEM THAT STILL IS
STILL OPEN THAT'S ITEM NUMBER
ONE A. B.. FIFTEEN FIFTY FOUR
PRESS NUMBER RUBIO TO DO PASSED
APPROPRIATIONS.
SENATOR PLEASE CALL THE ABSENT
MEMBERS STONE [inaudible]
STONE NO. FOR THE ONE THAT ITEM
IS OUT THIS CONCLUDES OUR
NEIGHBOR COMMITTEE FOR TODAY BUT
I CAN'T