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| Assemblywoman Gonzalez and her district |
Assemblywoman Gonzalez is a graduate of the UCLA Law School.
The amendment is reproduced below:
Introduced by Assembly Member Gonzalez
April 4, 2019
A resolution to propose to the people of the
State of California an amendment to the Constitution of the State, by adding
Section 9.5 to Article IX thereof, relating to the University of California.
LEGISLATIVE COUNSEL'S DIGEST
ACA 14, as introduced, Gonzalez. University of
California: support services: equal employment opportunity standards.
Existing provisions of the California
Constitution establish the University of California as a public trust under the
administration of the Regents of the University of California. The California
Constitution grants to the regents all the powers necessary or convenient for
the effective administration of this public trust. Pursuant to the California
Constitution, there are 7 ex officio members of the regents and 18 appointive
members appointed by the Governor and approved by the Senate, a majority of the
membership concurring.
This measure would, effective January 1, 2021,
except as specified, require the regents to ensure that all contract workers,
as defined, who are paid to perform support services, as defined, for students,
faculty, patients, or the general public at any campus, dining hall, medical
center, clinic, research facility, laboratory, or other university location,
are at all times subject to and afforded the same equal employment opportunity
standards, as defined, as university employees performing similar services.
The measure would authorize the regents, or any
campus or other entity of the University of California, to contract for, or
otherwise arrange to use, contract labor, as defined, to perform support
services only under specified conditions if authorized to do so by statute, and
only to the extent to address one or more of prescribed needs. The measure
would authorize the Legislature to enact statutes to further the purposes of,
and to aid the enforcement of, this measure.
DIGEST KEY
Vote: 2/3
Appropriation: no Fiscal
Committee: yes Local Program: no
BILL TEXT
Resolved by the Assembly, the Senate concurring,
That the Legislature of the State of California at its 2019–20 Regular Session,
commencing on the third day of December 2018, two-thirds of the membership of
each house concurring, hereby proposes to the people of the State of California
that the Constitution of the State be amended as follows:
That Section 9.5 is added to Article IX thereof,
to read:
(a) The people of California declare all of the
following:
(1) We, the people of the State of California,
strongly support the University of California’s mission to enhance the lives of
those it serves, educates, and employs.
(2) As one of the State’s largest and most
respected public or private employers, the University of California is uniquely
positioned to improve equal employment opportunity standards for every
Californian working on its campuses or in its medical centers.
(3) The equal employment opportunity standards
placed in this Constitution by a majority of voters casting ballots in the
Presidential Election, at the November 3, 2020, statewide general election,
will eliminate unequal treatment for those covered by provisions specified in
this constitutional amendment.
(b) The Regents of the University of California
shall ensure that all contract workers who are paid to perform support services
for students, faculty, patients, or the general public at any campus, dining
hall, medical center, clinic, research facility, laboratory, or other
university location, are at all times subject to and afforded the same equal
employment opportunity standards as university employees performing similar
services.
(c) (1) The Regents of the University of
California, or any campus or other entity of the University of California, may
contract for, or otherwise arrange to use, contract labor to perform support
services only if authorized to do so by statute, and only to the extent
necessary to address one or more of the following needs:
(A) A bona fide emergency circumstance, for no
longer than the actual duration of that circumstance.
(B) To support a student housing development that
becomes available for occupancy on or after January 1, 2021.
(C) To perform support services in relation to an
unanticipated special event scheduled by the university with less than 30
calendar days’ advance notice.
(D) To supply the university with licensed,
clinically trained workers from a clinical registry.
(E) To train university employees on the use of
new or specialized equipment or techniques.
(2) Any contractual arrangement for a person,
firm, or other entity to supply the university with contract labor for one of
the purposes specified in this subdivision shall meet all of the following
requirements:
(A) It will not cause or facilitate the
displacement of university employees. For purposes of this subparagraph,
“displacement” includes layoff, demotion, involuntary transfer to a new job
classification, involuntary transfer to a new location, or time base reduction.
For purposes of this subparagraph, “displacement” also includes circumvention
or delay of the regular hiring process, the filling of vacancies, or the
budgeting for a full complement of university employees to perform support
services.
(B) Both the proposal and the resulting
contractual arrangement, and documentation reflecting any change to the
specific types of work to be performed by contract workers or change to the
locations at which they will perform support services, shall be, at all times,
available to the public. This documentation shall specify in writing that all
persons who perform support services under the contractual arrangement shall
receive wages and benefits equivalent to, or of no less value than, those
provided to university employees who perform the same or similar work or duties
on a full-time equivalent basis.
(C) Any person who performs support services
under the contractual or other arrangement provided for in subparagraph (C) or
(D) of paragraph (1) for more than 10 days in a calendar year shall be employed
directly by the university for all periods of work in excess of those 10 days.
(D) The use of contract labor shall not adversely
affect the university’s nondiscrimination standards.
(d) For purposes of this section:
(1) “Contract labor” and “contract workers” mean
persons other than university employees who are paid to perform support
services at a University of California location.
(2) “Contractual arrangement” includes any
contract, contract amendment, contract renewal, automatic renewal, contract
extension, subcontract, purchase order, order, change order, or other agreement
between a private entity and the Regents of the University of California or any
other entity of the University of California, or between a private entity or
any other public entity, that may be used to provide the University of
California with contract labor.
(3) “Equal employment opportunity standards”
means all of the following:
(A) The right to be free from discrimination in
the workplace.
(B) Direct employment by the university, except
as permitted by subdivision (c).
(C) Equal pay for equal work, meaning each
contract worker shall receive at least the same wages and benefits, and be
subject to the same standards of accountability, as university employees who
perform similar services.
(4) “Support services” includes, but is not
necessarily limited to, all of the following: cleaning or custodial services;
food services; groundskeeping; building maintenance; transportation; security
services; billing and coding services; sterile processing; hospital or nursing
assistant services; and medical imaging or respiratory therapy technician
services. “Support services” also include other patient care technical and
service bargaining unit work and related nonsupervisory, nonmanagerial work
functions as defined by the Public Employment Relations Board or a successor
entity, pursuant to the Higher Education Employer-Employee Relations Act
(Chapter 12 (commencing with Section 3560) of Division 4 of Title 1 of the
Government Code), as it is from time to time amended, or a successor act.
(e) This section shall become effective on
January 1, 2021. However, if any contract that is in effect on January 1, 2021,
would be impaired by the enforcement of this section, then this section shall
not apply to that contract until the earliest date on which: (1) the immediate
contract term expires, (2) the contract may be amended, extended, renewed, or
permitted to renew, or (3) additional funding is authorized or a substantial
change is made to the scope of work that had been expressly authorized or
actually performed under the contract before January 1, 2021.
(f) The Legislature may enact statutes to further
the purposes of, and to aid the enforcement of, this section.
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