Governor Signs AB 2850; Vetoes AB 2114

On September 29, 2020, Governor Newsom took action on the two bills affecting PERB.

AB 2850: The Governor signed this bill into law. AB 2850 brings the Bay Area Rapid Transit District (BART) under PERB’s jurisdiction.

AB 2114: The Governor vetoed this bill. Here is his veto message:

To the Members of the California State Assembly:

I am returning Assembly Bill 2114 without my signature.

This bill would require certain higher education employers to provide an
arbitration or hearing officer process to challenge a termination of employment or a disciplinary action for medical and dental interns and residents. The bill excludes disciplinary actions and terminations based on academic or clinical matters, making arbitration available only for matters within the scope of representation.

These residents and interns represent our State’s pipeline of medical
professionals, and they have been on the frontlines of the COVID-19 pandemic. They deserve an opportunity to challenge a disciplinary action or termination of employment that may be wrongful and that could potentially jeopardize their professional career. However, I believe that the definition of “academic” and “clinical” in this bill is too narrow and does not fully consider the various criteria used in determining a resident’s readiness to safely practice. I encourage the affected parties to agree upon a definition that both protects employees’ due process rights and patient safety.

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