SSDA Today - Fall/Winter 2017 - 9

SHUTTERSTOCK/LEMBERG VECTOR STUDIO

FEATURE

MANDATORY ORIENTATION
What Does This Mean For Districts?

T

BY ABE HAJELA, PARTNER, CAPITOL ADVISORS GROUP, LLC

his past June, the Governor signed AB 119 to
take immediate effect, requiring employers
to give union representatives access to new
employee orientations. AB 119 is the culmination of efforts by California public unions as a
means of blunting the effect of any potential
Supreme Court decisions centered around the constitutionality of "agency fees."

BACKGROUND

"Agency fees," sometimes called "fair share" fees, are the fees
charged to non-union members to cover the costs of the union's
activities as the employees' exclusive representative. Unions have
relied on the Supreme Court's decision in Abood v. Detroit Board
of Education (1977), where the Court justified the collection of
"agency fees" on the grounds that non-members do not pay union
dues, yet still benefit from union activities all the same. Public
sector unions often rely heavily on "agency fees" to supplement
their union activities and could be politically weakened were the
Supreme Court to strike down the collection of such fees. However,
opponents of the practice argue that mandatory agency fees are
a form of compelled political speech and are therefore a violation
of a non-member's First Amendment rights.
The issue of Mandatory Orientation first arose after it appeared
that the Supreme Court was poised to strike down "agency
fee" statutes in Friedrichs v. California Teachers Association
(Friedrichs) and make it more difficult for unions to collect dues
related to representation. However, the death of Justice Scalia
created a temporary 4-4 split on the Court and the lower court's
decision upholding the use of "agency fees" was left in place.
But now that Justice Gorsuch has filled the vacancy, the new

conservative majority will have an opportunity to consider a
similar case and rule against the unions.
In response to this potential threat to union revenue, unions
began pushing for a legislative solution that would still give
union representatives access to potential new members for
recruitment. While initial efforts were unsuccessful-AB 2835 in
2016, AB 52 earlier this year, both authored by Assembly Member
Jim Cooper-unions were eventually able to get language in a
budget trailer bill (AB 119) mandating union access to mandatory
new employee orientations.
WHAT DOES AB 119 MEAN FOR SCHOOL DISTRICTS?

AB 119 essentially ensures that public union representatives will
have the opportunity to speak to new employees and advocate
for the benefits of becoming a member of the union. It also
requires public employers, including school districts and county
offices of education, to provide the union representative with
contact information, both work-related and personal, for its new
employees. Specifically, the bill:
* Requires a public employer to provide the exclusive union
representative mandatory access to the employer's new
employee orientations.
❍ It is important to note that "new employee orientation" does
not have to be a formal orientation. The bill simply defines
it as whatever "onboarding process" an employer has in
place in which the employee is "advised of their employment status, rights, benefits, duties, and responsibilities,
or any other employment related matters."
* Required that the union representative be given notice of the
orientation at least 10 days in advance, unless unforeseen
circumstances require shorter notice.
SSDA TODAY | WWW.SSDA.ORG

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Table of Contents for the Digital Edition of SSDA Today - Fall/Winter 2017

Executive Director’s Column
Classroom of the Future Honors Small School District Superintendent for Innovation in Education
Pipeline 2 Success!
Mandatory Orientation— What Does This Mean for Districts?
Growing the Future in Winters
Key Child Nutrition Legislation on Governor’s Desk
The Future of Energy Efficiency in Schools
School Facilities Update – New “Public Works” Contractor Reporting Requirements
Advertiser’s Index
SSDA Today - Fall/Winter 2017 - intro
SSDA Today - Fall/Winter 2017 - belly1
SSDA Today - Fall/Winter 2017 - belly2
SSDA Today - Fall/Winter 2017 - cover1
SSDA Today - Fall/Winter 2017 - cover2
SSDA Today - Fall/Winter 2017 - 3
SSDA Today - Fall/Winter 2017 - 4
SSDA Today - Fall/Winter 2017 - 5
SSDA Today - Fall/Winter 2017 - Executive Director’s Column
SSDA Today - Fall/Winter 2017 - Classroom of the Future Honors Small School District Superintendent for Innovation in Education
SSDA Today - Fall/Winter 2017 - Pipeline 2 Success!
SSDA Today - Fall/Winter 2017 - Mandatory Orientation— What Does This Mean for Districts?
SSDA Today - Fall/Winter 2017 - 10
SSDA Today - Fall/Winter 2017 - 11
SSDA Today - Fall/Winter 2017 - Growing the Future in Winters
SSDA Today - Fall/Winter 2017 - 13
SSDA Today - Fall/Winter 2017 - 14
SSDA Today - Fall/Winter 2017 - 15
SSDA Today - Fall/Winter 2017 - Key Child Nutrition Legislation on Governor’s Desk
SSDA Today - Fall/Winter 2017 - 17
SSDA Today - Fall/Winter 2017 - The Future of Energy Efficiency in Schools
SSDA Today - Fall/Winter 2017 - 19
SSDA Today - Fall/Winter 2017 - School Facilities Update – New “Public Works” Contractor Reporting Requirements
SSDA Today - Fall/Winter 2017 - 21
SSDA Today - Fall/Winter 2017 - Advertiser’s Index
SSDA Today - Fall/Winter 2017 - cover3
SSDA Today - Fall/Winter 2017 - cover4
https://www.nxtbook.com/naylor/SSCB/SSCB0218
https://www.nxtbook.com/naylor/SSCB/SSCB0118
https://www.nxtbook.com/naylor/SSCB/SSCB0217
https://www.nxtbook.com/naylor/SSCB/SSCB0117
https://www.nxtbook.com/naylor/SSCB/SSCB0216
https://www.nxtbook.com/naylor/SSCB/SSCB0116
https://www.nxtbookmedia.com