SENATE JUDICIARY COMMITTEE WILL
COME TO ORDER. THE THIRD
CONTINUES TO WELCOME THE PUBLIC
IN PERSON AND VIA TELECONFERENCE
SERVICE FOR INDIVIDUALS WISHING
TO PROVIDE PUBLIC COMMENT
TODAY'S PARTICIPANT NUMBER IS.
877-226-8216 IN THE ACCESS CODE
IS. SIX TWO ONE SEVEN ONE SIX
ONE WE'RE HOLDING OUR COMMITTEE
HEARING TODAY IN THE- STREET
BUILDING I ASK ALL MEMBERS OF
THE COMMITTEE BE PRESENT ROOM
TWENTY ONE HUNDRED SO WE CAN
ESTABLISH A QUORUM WE'VE GOT A
QUORUM WE'RE GOING TO CALL IN
THE SECOND. SO THAT WE CAN BEGIN
OUR HEARING WE ONLY HAVE A ONE
BILL ON TODAY'S AGENDA THAT'S SB
FORTY ONE BY CENTER CORTESE WHO
IS HERE- BEFORE WE BEGIN THE
PRESENTATION MADAM SECRETARY IF
YOU WOULD CALL THE ROLL. I'M
BURKE YOUR NUMBER HERE WILK
PRESIDENT WILL PRESENT ALLEN.
ALLEN HERE ASHBY HERE TO BE HERE
CABALLERO CAMARO HERE TO RUSSELL
RUSSELL HERE LAYERED MAN. MELLOW
YELLOW HERE STERN WIENER YOU
HAVE A CORE THANK YOU- WE KNOW
TO QUORUM I WANT TO NOTE THAT
FOR EACH BILL ALLOWED TO
WITNESSES IN SUPPORT TO
WITNESSES IN OPPOSITION EACH
WITNESS WILL BE PERMITTED TO
SPEAK FOR TWO MINUTES. AFTER THE
SUPPORT OPPOSITION WITNESSES
SPOKEN WILL HAVE. OF THOSE WHO
ARE IN THE- HEARING ROOM HERE TO
PROVIDE WHAT WE KNOW AS ME TO
TESTIMONY- THEN WILL TURN TURN
TO THE PHONE FOR ME TO TESTIMONY
GIVE US YOUR NAME YOUR
AFFILIATION. IN YOUR POSITION-
AFTERWARDS WILL HAVE A FIFTEEN
MINUTE LIMIT ON PHONE TESTIMONY
FOR EACH SIDE- AGAIN PLEASE
LIMIT YOUR TESTIMONY IN THE ME
TOO MODE TO YOUR NAME
AFFILIATION YOUR POSITION. IF
YOU WISH TO FURTHER PROVIDE
INFORMATION ON THE BILL YOU MAY
SUBMIT A LETTER TO THE COMMITTEE
AND WILL READ IT- COUNTRIES SOME
. COMMENTATORS WE ACTUALLY CAN
READ SO- SENATOR CORTESE. OF
YOUR HERE IF YOU WOULD LIKE TO
BEGIN THE FLOOR IS YOURS. THANK
YOU ASSURE IN IN SENATORS THANK
YOU FOR ALLOWING ME TO PRESENT
AS P. FORTY ONE TWO TODAY I DO
APPRECIATE. A U. CONVENING TODAY
AND I REALLY WANT TO THANK-
SINCERELY THE CHAIR IN THE
COMMITTEE STUFF FOR WORKING WITH
US ON AMENDMENTS TAKEN IN THE
LABOR COMMITTEE. A FILTER WAS IS
A TREMENDOUS GOOD FAITH-
DISCUSSION THAT WENT BACK AND
FORTH THAT RESULTED IN US BEING
HERE TODAY- IT REFLECTS THIS
BILL REFLECTS MONTHS OF
NEGOTIATIONS AND AGREEMENT
BETWEEN COMMERCIAL AIRLINES AND
CABIN CREW LABOR
REPRESENTATIVES. AND HAS NO
OPPOSITION THE BILL EXEMPTS
CERTAIN FLIGHT CREW EMPLOYEES
FROM CALIFORNIA'S LABOR CODE
PROVISIONS REGARDING MEAL AND
REST BREAKS. COMPLIANCE WITH
CALIFORNIA MEAL AND REST BREAK
STATUTE FOR INFLIGHT CABIN
CREWS- IS IMPOSSIBLE FOR MY
PERSPECTIVE WE'RE COMMERCIAL
AIRLINE FLIGHTS LONGER THAN TWO
AND A HALF TO THREE HOURS
BECAUSE THE FAA REQUIRES THE
SAME EMPLOYEES. TO REMAIN ON
DUTY AT ALL TIMES DURING THE
FLIGHT INCLUDING DURING MEAL AND
REST PERIODS UNDER CALIFORNIA'S
MILLION REST BREAK LAWS
EMPLOYEES MUST BE OFF DUTY.
DURING MEAL AND REST BREAKS.
FURTHER THE STATURE REQUIRES AN
EMPLOYEE MUST BE ABLE TO LEAVE
THE PREMISES WHICH IS REALLY NOT
POSSIBLE FOR EMPLOYEES WHO WERE
IN FLIGHT. THIS BILL PROVIDES A
COURSE CORRECTION FOR
INCOMPATIBLE STATE LAW AND
FEDERAL REGULATIONS. SB FORTY
ONE WOULD EXEMPT CALIFORNIA
BASED CABIN CREWS FROM THE MEAL
AND REST PERIODS. ONLY IF
THERE'S A COLLECTIVE BARGAINING
AGREEMENT THAT PROVIDES FOR
BREAKS OR APPROPRIATE
COMPENSATION. THE BILL PROTECT
ANY SETTLEMENT AGREEMENT OR
FINAL JUDGMENT OF ANY CIVIL
ACTION BROUGHT BY A CABIN CREW
PLOY AGAINST AN EMPLOYER ON A
CLAIM OF A MEAL OR REST BREAKS
VIOLATION. WITH ME TODAY TO
TESTIFY- IS MATT HERITAGE THE
LEGISLATIVE POLITICAL
REPRESENTATIVE FROM TRANSPORT
UNION WORKERS OF AMERICA. AS
WELL AS KATHY THEN AUSTIN ON
BEHALF OF UNITED AIRLINES THANK
YOU MISTER. THANK YOU SENATE
CORTESE MR HARISH YEAH YOU
APPROACH MICROPHONE. RIGHT HERE
RIGHT THERE RIGHT WELL GOOD
AFTERNOON AND- THANK YOU FOR
THIS OPPORTUNITY TO PROVIDE
COMMENTS ON SB FORTY ONE- AND
THE NEED FOR AN ALTERNATIVE MEAL
AND REST BREAK FRAMEWORK FOR
CALIFORNIA BASED FLIGHT
ATTENDANTS. MY NAME IS MATT HAD
H. A POLITICAL LEGISLATIVE REP
FOR MY UNION THE TRANSPORT
WORKERS UNION OF AMERICA T. W.
U. I'VE BEEN A FLIGHT ATTENDANT
FOR SOUTHWEST AIRLINES FOR MORE
THAN TWENTY TWO YEARS BASED OUT
OF OAKLAND CALIFORNIA- IN OUR
ORGANIZATION REPRESENTS
APPROXIMATELY TWENTY FIVE
THOUSAND FLIGHT ATTENDANTS OF
SOUTHWEST AIRLINES JETBLUE
AIRWAYS AND ALLEGIANT. AIRLINES
I SPEAK TODAY ON THE ISSUE OF
MEAL AND REST BREAK PERIODS FOR
FLIGHT ATTENDANTS IN THE NEED
FOR URGENT PASSAGE OF SB FORTY
ONE- INTO IN TWENTY TWENTY ONE
THE NINTH CIRCUIT COURT OF
APPEALS EXTENDED LABOR CODE- OF
FIVE TWELVE TO PROTECT. UP
FLIGHT CREWS BASED IN
CALIFORNIA'S PARTISAN AS PART OF
A LAWSUIT. BROUGHT BY A MEMBERS
OF A NON UNIONIZED FLIGHT
ATTENDANT WORKFORCE AT VIRGIN
AMERICA- THIS CASE AND
REPRESENTED A VICTORY FOR FLIGHT
ATTENDANTS. IN THE CASE AFFIRMED
LAST YEAR- WHEN THE U. S.
SUPREME COURT REFUSED TO GRANT
CERT ON APPEAL BROUGHT BY AIR
CARRIERS. OFF FOR FLIGHT
ATTENDANTS BASED IN CALIFORNIA-
THE STATE'S THEATER NOW APPLIES
THE THIRTY MINUTE MEAL- PERIOD
IN TEN MINUTE REST BREAK.
OPERATES A FLIGHT THE FLIGHT
ATTENDANTS- HOWEVER THIS MEAL
AND REST BREAKS STRUCTURE CAN BE
DIFFICULT TO APPLY TO THE DUTY
DAY- AND THE UNIQUE WORK
SCHEDULE FLIGHT ATTENDANTS THE
CURRENT LAW. PROVIDES EMPLOYEES
WITH THE RIGHT TO LEAVE THE SHOP
FLOOR- IN BE RELIEVED FROM DUTY
WHEN TAKING SCHEDULED MEAL AND
REST BREAKS. AN OPTION THAT IS
NOT PHYSICALLY FEASIBLE FOR
FLIGHT CREW- IMPLEMENTING THIS
REQUIREMENT WOULD DRAMATICALLY
CHANGE OF FLIGHT ATTENDANTS WORK
DAY ADDING ADDITIONAL AIRCRAFT.
GROUND TIME LONGER DUTY DAYS AND
INCREASED AIRCRAFT CHANGES-
ADDING LINKS TO ALREADY LONG
DUTY PERIODS. ARE BY AND LARGE
FLIGHT ATTENDANTS DON'T WANT
MORE GROUND TIME OR AIRCRAFT
CHANGES. TWENTY W. CLICK
BARGAINING AGREEMENTS
INCENTIVIZE EFFICIENT
UTILIZATION OF FLIGHT CREWS- AND
PROVIDE GREATER COMPENSATION THE
FLIGHT ATTENDANTS WHEN THE
AIRCRAFT IS AIRBORNE- WHEN
FLIGHT ATTENDANTS ARE PERFORM
THEIR SAFETY AND SECURITY
DUTIES- AND WHEN THEY'RE
PROVIDING CARE FOR CUSTOMERS
THEY SERVE- OTHER WORK. WORKERS
IN INDUSTRIES WITH UNIQUE WORK
ENVIRONMENTS RECEIVE EXEMPTIONS
FROM THE HARD AND FAST MEAL AND
REST BREAKS STRUCTURE. ABOUT
WORKERS IN CERTAIN CONSTRUCTION
FIELDS AND UTILITY WORKERS HAVE
ALTERNATIVE MEAL AND REST BREAK
ARRANGEMENTS MISTER HENNESSY IF
YOU COULD WRAP IT UP THAT WOULD
BE GREAT OKAY SOUNDS GOOD. I
URGE- AND I VOTE ON SB FORTY ONE
THESE ARE PROTECTIONS THAT-
THAT. NOT PROTECT FLIGHT
ATTENDANTS AND A FOREST
COLLECTIVE BARGAINING AGREEMENTS
ALL RIGHT THANK YOU WAS RIGHT
THANK YOU IT'S BEEN AWESOME.
THANK YOU MR CHAIRMAN MEMBERS- I
WILL KEEP IT SHORT I. APPRECIATE
YOUR COMMENT YOU CAN READ AND I
THINK THE BILL HAS BEEN WELL
DESCRIBED I REPRESENT- CATHY
DENNIS AND I REPRESENT UNITED
AIRLINES. WE HAVE ABOUT FIFTEEN
THOUSAND EMPLOYEES IN CALIFORNIA
AT MAJOR HUBS OR SAN FRANCISCO
LA AND SAN DIEGO. AND WE ARE
GRATEFUL AND WE- TRY TO COME TO
SOME SOLUTION LAST YEAR- CENTER
CORTESE HAD MENTIONED. AND WE
WERE ABLE TO GET THERE AND I'M
PLEASED TO SAY AND WE'RE VERY
GRATEFUL THAT THE FLIGHT
ATTENDANTS UNION- AFA. WHICH IS
OUR OUR FLIGHT ATTENDANTS-
ACTUALLY BROUGHT US TO THE TABLE
AND WE WERE ABLE TO WORK OUT A
DEAL AND I THINK IT'S SOMETHING
THAT. IS BENEFICIAL FOR THE
CABIN CREW- IN BALLOT THEY CAN
NEGOTIATE THEIR THEIR BEST
OPTIMAL DEAL WE WANT OUR CREW TO
OUR CREWS TO BE ARRESTED AND
FAT- THIS ISN'T ABOUT NOT HAVING
THAT HAPPEN IT IS ABOUT HAVING
FLIGHTS LONGER THAN TWO AND A
HALF HOURS OF CALIFORNIA. AND
THE OTHER THING I WANT TO DO IS
JUST OBVIOUSLY THINKER AUTHOR
HE'S BEEN FANTASTIC AND- SENATOR
NUMBER THANK YOU AND YOUR STAFF.
YOUR THEY HAVE WORKED VERY HARD
TO- MAKE THIS BILL- WORKABLE OF
FOR BOTH COMMITTEES AND SO WE
REALLY APPRECIATE THAT- ARE
OPTIMAL GOAL HERE BECAUSE WE
NEED TO COMPLY WITH FEDERAL LAW
AND WE ARE. IN A CONTRARY
POSITION WITH THE CALIFORNIA
STATUTE AS IT IS. SO WE HAVE
ABOUT 80% OF FLIGHT ATTENDANTS
IN CALIFORNIA ARE REPRESENTED-
THOSE THAT ARE NOT REPRESENTED
HEALTH RIGHT TO GO AHEAD GO
FORWARD AND FALL- AND FILE
CLAIMS. AND SO I JUST WANNA WRAP
UP THANK YOU VERY MUCH AND- READ
AGAIN REALLY APPRECIATE THE
EFFORT YOU AND YOURSELF ALL
RIGHT THANK THANK YOU MISTER IN
AUSTIN. ALL RIGHT HERE IN THE
HEARING ROOM OTHERS IN SUPPORT
IF YOU APPROACH THE MICROPHONE
GIVE US YOUR NAME YOUR.
FILIATION AND YOUR POSITION.
MISS CHAIRMAN SARAH FLOCKS THE
CALIFORNIA LABOR FEDERATION IN
SUPPORT THANK YOU. GOOD
AFTERNOON MR MEMBERS ROOMS ARE
ALSO STAY LOCAL FIRST DIRECTOR
FOR SOUTHWEST AIRLINES AND WE'RE
HERE IN SUPPORT OF THE BILL
THANK YOU THANK YOU. SHARE
MEMBERS ONLY SHIP PRIEGO HERE ON
BEHALF OF THE CALIFORNIA AGING
CHAMBER OF COMMERCE PARK THANK
YOU. HI MISTER CHAIR IN SENATORS
HERE TO MACULAR SEEMS ADVISORS
ON BEHALF OF ALASKA AIRLINES IN
SUPPORT. THANK YOU. BOB LAMEY
ASALTO REPRESENTING HAWAIIAN
AIRLINES IN FULL SUPPORT THANK
YOU. GOOD AFTERNOON CHAIR
MEMBERS KL BEHALF AMERICAN OUT
AIRLINES CO SPONSOR AND SUPPORT
THANK YOU THANK YOU. CHRIS
RESUME HAVE A SILICON VALLEY
LEADERSHIP GROUP IN SUPPORT
THANK YOU. ALEX THORESEN HAVE
THE BURY COUNCIL IN SUPPORT
THANK YOU. THAT AFTERNOON ASHLEY
HOFFMAN ON BEHALF THE CALIFORNIA
CHAMBER OF COMMERCE IN SUPPORT
THANK YOU. ALL RIGHT MODERATE
LET'S TURN TO THE FAULT LINES
FOR THOSE WHO WISH TO TESTIFY IN
SUPPORT OF S. B. FORTY ONE.
THANK YOU FOR YOUR SUPPORT YOU
MAY PRESS ONE AND THEN ZERO.
AGAIN THAT IS ONE AND THEN ZERO.
IN ONE MOMENT WE DO HAVE ONE. IN
Q. AND AGAIN THAT IS ONE AND
THEN THEY OFFER SUPPORT.
WE WILL GO TO LIVE NUMBER NINE
YOUR LIFE IS OPEN. HI THIS IS
TEARING OPEN WITH THE
ASSOCIATION OF FLIGHT ATTENDANTS
AND I AM THE PRESIDENT OF THE
ASSOCIATION OF FLIGHT ATTENDANTS
AND WE ARE IN SUPPORT OF. URGENT
PASSAGE OF SB FORTY ONE. THANK
YOU. MODERATE ANYONE ELSE ON THE
PHONE LINE IN SUPPORT. WE HAVE
NO ONE ELSE IN LINE ALL RIGHT
LET'S TURNED OPPOSITION
OPPOSITION WITNESSES IF YOU'RE
IN OPPOSITION PLEASE APPROACH
THE MICROPHONE. SEEING NO ONE
APPROACHING THE MICROPHONE-
MODERATOR IF THERE'S ANYONE ON
THE PHONE LINE IN OPPOSITION TO
SB FORTY ONE IF YOU WOULD QUEUE
THEM UP. THANK YOU IF YOU'RE IN
A POSITION YOU MAY PRESS ONE AND
THEN ZERO. AGAIN THAT IS ONE OF
THEIR OFFER UP THE VISION. IN
THE FUTURE WE HAVE NO ONE IN
OPPOSITION AT THIS TIME ALL
RIGHT- LET'S TURN TO THE
COMMITTEE QUESTIONS COMMENTS OF
SENATOR WIENER MOVES THE BILL.
SAID IN YOUR QUESTION COMMON. GO
AHEAD. CENTER CORTESE CAN
SUPPORT THIS BILL- FOR SURE BUT-
FROM MY PERSPECTIVE IT'S TOO
NARROW. THE OF MEAL AND REST
BREAK BREAK RULES- IN CALIFORNIA
IS ONE THAT IS VERY DIFFICULT
FOR A LOT OF BUSINESSES TO
COMPLY WITH. WHICH IS THE REASON
WHY IT SUBJECT TO FILE LAWSUITS
NOT BECAUSE EMPLOYERS ARE
IRRESPONSIBLE BUT BECAUSE
VIOLATIONS ARE UNFORTUNATELY
VERY EASY TO COME BY THEY'RE SO
STRICT. THERE ARE OTHER
BUSINESSES FOR WHOM I WOULD
ARGUE IT IS IMPOSSIBLE TO COMPLY
SO- WELL I VOTE YES FOR THIS
BILL. I WONDER IF YOU'D MIGHT
JOIN WITH ME TO DISCUSS HOW WE
MIGHT BE ABLE TO APPLY. A
LEGISLATIVE FIX TO A BROADER
SPECTRUM OF BUSINESSES IN
CALIFORNIA. THE SERVER DAISY IF
THE DOOR IS ALWAYS OPEN FOR SUCH
CONVERSATIONS. ALL RIGHT THANK
YOU OTHER COMMENTS QUESTIONS
SEEING NONE- I'M SORRY CENTER
COVER YOUR WHOLE. THANK YOU SO
MUCH I JUST WANTED TO
CONGRATULATE YOU ON A BILL THAT-
IT'S NOT ALWAYS THIS EASY BUT-
NO OPPOSITION AND TO HAVE THE-
CONFLICTING SIDES IN SUPPORT I
THINK IS- IT'S A GREAT TESTAMENT
TO KEEPING EVERYBODY AT THE
TABLE AND WORKING THIS ON SOME
REALLY- PLEASED TO BE SUPPORTING
IT TODAY. THANK YOU. OUR OFFICE
ALL RIGHT. WELL THANK YOU FOR
THIS COME BY A MOMENT THIS
DOESN'T ACTUALLY REFLECT THE
AMOUNT OF WORK AND- THANKS THAT
WENT INTO GETTING TO THIS POINT-
AND THE AYE I'M QUITE PROUD OF
OUR STAFF JUDICIARY STAFF. TIM
GRIFFITHS MARGE'S STRADA WHO
WORK VERY HARD TO HELP GET US TO
THIS POINT AND THE VARIOUS
STAKEHOLDERS WHO- NEGOTIATED IN
GOOD FAITH TO ARRIVE HERE'S A
WEIRD SITUATION WHERE WITH THE
FLIGHT ATTENDANTS. THERE ARE
ACTUALLY TWO DIFFERENT ENTITIES
THAT REPRESENT THE SELF SAME
FOLKS AND WE GOT ALL THAT
RESOLVED SO IT WASN'T PRETTY
NECESSARILY ALONG THE WAY BUT
WE'RE HERE. AND IT'S DONE IN
THANK YOU WITH THAT I'LL ASK
MADAM SECRETARY TO CALL THE ROLL
. THIS IS SB FORTY ONE THE
MOTION IS TO PASS BUT FIRST BE
REFERRED TO THE COMMITTEE ON
APPROPRIATIONS UMBERG I. NUMBER
FIVE WILK. HI WILK AYE ALLEN.
ALLEN I ASHLEY HI ASHLEY I
CABALLERO. CAREER I TO RUSSELL.
RUSSELL I LAYERED HI CLEARED BY
MEN. MEN IDEA LOW AYE HE'LL AYE
STERN. WIENER WIENER AYE YOU
HAVE TEN TO ZERO. ALL RIGHT OF
THAT CONCLUDES TODAY'S IS THIS
HEARING WILL KEEP THE WE WILL
KEEP THE ROLE OPEN HERE FOR A
FEW MOMENTS TO ALLOW SENATORS
STERN TO VOTE. CENTERS NEVER
MIND WE'RE GOING TO CLOSE DOWN.
ALL RIGHT SO THE BILL IS OUT. OF
WILL BE ADJOURNED TO THE
CULTURE. THANK YOU.