Enhancing the Representational Rights of Temporary Employees
California public sector agencies have increasingly relied on temporary workers to fill a wide range of duties that often entail identical or very similar work duties to those of permanent employees. Temporary public employees receive fewer benefits with less job security and despite their being considered “temporary”, they may occupy positions for many years without any promise of permanent employment.
Over time this has negatively and disproportionately affected women and people of color. In response, the California legislature drafted Assembly Bill (AB) 1484 which was signed into law by Governor Gavin Newsom on October 10, 2023, and amended the existing law under the Meyers-Milias-Brown Act (MMBA). This new piece of legislation went into effect on January 1, 2024, and enhances the representational rights of temporary employees of California local government agencies. It provides that temporary employees of cities and counties may be included in the same bargaining unit as permanent employees who perform similar work.
As per AB 1484, “temporary employee” means a temporary employee, casual employee, seasonal employee, periodic employee, extra-help employee, relief employee, limited-term employee, per diem employee, and any other public employee who has not been hired for a permanent position.
AB 1484 aims to bring equity to temporary employees who perform similar work as equivalent permanent employees but that do not receive all the advantages provided to their permanent counterparts, such as retirement, health insurance, job security, or union benefits.
On March 11, 2024, SLOCEA’s attorney Dennis Hayes issued a demand letter to County Human Resources Director Tami Douglas-Schatz and requested the following:
To add temporary employees to the same bargaining unit as permanent employees who perform the same or similar type of work.
Once temporary employees are added to a bargaining unit in response to our request, the County promptly participate with SLOCEA in bargaining over wages, hours, and terms and conditions of employment for these temporary workers.
Provide SLOCEA with the names, job titles, work locations, home addresses, personal telephone numbers, and personal email addresses of temporary employees who perform the same or similar type of work as permanent employees in bargaining units represented by SLOCEA.
Once temporary employees are added to bargaining units pursuant to our request, they are not automatically entitled to the same terms and conditions of employment as their permanent employee counterparts. Rather, SLOCEA and the County are required to bargain over terms and conditions for temporary employees.
The bill specifically notes that the issue of whether a temporary employee should receive seniority or credit for their time in temporary employment upon obtaining permanent employment is a matter within the scope of representation.
Initially, an agreement over temporary employee terms can be an addendum to the existing Memorandum of Understanding (MOU or contract). Thereafter the terms and conditions of employment for permanent and temporary employees must be included in the same MOU.
AB 1484 gives temporary workers of public sector agencies the right to form, join, and be represented by an employee organization such as SLOCEA while bolstering bargaining rights of temporary employees. It also represents a significant win for labor advocates and temporary public workers across the state as they are now given an avenue to advocate for more secure employment for temporary workers.
By Theresa Schultz, Senior Labor Representative
