CSAC Bulletin Article

CSAC Opposes Trailer Bills on IHSS Provider Orientations

June 18, 2018

CSAC is opposing two budget trailer bills, AB 1823/SB 857, which were amended late last week to require collective bargaining over the structure, time, and manner of union access to IHSS provider orientations in three counties – Los Angeles, Merced, and Orange. Counties were not consulted about the content of these bills prior to the language appearing in print and immediately engaged on the issue. Ultimately, CSAC opposed these trailer bills in partnership with the County of Los Angeles, the County of Orange, the Urban Counties of California, and the California Association of Public Authorities.

The language in these bills is problematic because it designates the wrong party to engage in collective bargaining over orientations for prospective IHSS providers. Public Authorities are the sole employer of record for purposes of collective bargaining for IHSS. On the other hand, counties are mandated to provide orientation for prospective IHSS providers and must comply with certain requirements. AB 1823/SB 857 creates a situation where an arbitrator could impose conditions on the Public Authority for orientations that the county objects to. In addition, all three named counties comply with the statutory requirement for union access and presentations at IHSS provider orientations and it is unclear why these three specific counties were designated.

CSAC and the partner counties and organizations shared our concerns and were successful in delaying the hearing on these bills. We provided suggested amendments that would establish an alternate process to reach an agreement around employee organization participation at provider orientations in a manner that reflects the unique employment structure of IHSS. However, that language was not accepted and we remained opposed to AB 1823/SB 857.

Both budget committees rescheduled the hearing on these bills for later in the week. The full Senate and Assembly have not yet voted on these bills, but are anticipated to take action soon.

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