GOOD AFTERNOON, EVERYONE.
WELCOME TO THE ASSEMBLY, LABOR
AND EMPLOYMENT COMMITTEE
HEARING. BUT FOR ME, IT WORKS.
THIS AFTERNOON. WE JUST HAVE ONE
BILL THAT WILL BE A NICE WARM UP
TO OUR MORE FULL CALENDAR AGENDA
COMING SOON. I DO WANT TO
WELCOME DECEMBER OTHERS ORTEGA
TO THE LABOR AND EMPLOYMENT
COMMITTEE. IT'S WONDERFUL TO
HAVE HER JOIN OUR OUR STELLAR
GROUP OF COMMITTEE MEMBERS THAT
HAVE BEEN HAVE BEEN WITH US FOR
A WHILE. TESTIMONY IS IN PERSON
, BUT WE DO ACCEPT WRITTEN
TESTIMONY THROUGH THE POSITION
THAT REPORT ON THE COMMITTEE'S
WEBSITE. WE ALSO HAVE AN EMAIL
ADDRESS THAT UP THAT YOU CAN USE
TO EMAIL US YOUR TESTIMONY. THE
EMAIL IS AL BR DOT COMMITTEE AT
ASSEMBLY DOT C A DOT GOV. UH AT
THIS TIME LIKE TO ASK OUR
SECRETARY TO TAKE ALL THE
ESTABLISHED CORN, PLEASE? CORA
HERE. FLORA. CHEN. HANEY. ORTEGA
RAISE WARD. KWAME STOP. QUORUM
IS ESTABLISHED AND THE FIRST
ITEM OF BUSINESS TO ADOPT THE
COMMITTEE RULES. AND SO IF I CAN
HAVE A MOTION A SECOND TO IT AND
MADAM SECRETARY IF WE CAN HAVE A
ROLE ON THE COMMITTEE RULES
CORA, RIGHT, FLORA. CHEN. HANEY.
ORTEGA. I RAISE. I WORD. ALL
RIGHT. AND SO WE ARE AWAITING
OUR AUTHOR SENATOR CORTEZ E. AND
SO WE WILL JUST HANG OUT FOR A
MOMENT AND START AS SOON AS HE
GETS HERE.
AND ALSO LIKE TO WELCOME ANOTHER
NEWER MEMBER TO OUR COMMITTEE
MEMBER CHEN WELCOME. AND WE HAVE
SENATOR CORTEZ E HERE. SO,
SENATOR WHENEVER YOU'RE READY,
AND YOU JUST WALKED IN, BUT
WHENEVER YOU'RE READY, FEEL FREE
TO, UM, COME UP TO THE TABLE AND
WE'LL BE HEARING JUST ONE BILL.
TODAY S P 41. THANK YOU, MR
CHAIRMAN MEMBERS. I REALLY
APPRECIATE YOU. ARMY TO PRESENT
SP 41 TODAY. THIS BILL REFLECTS
MONTHS OF NEGOTIATIONS AND
AGREEMENT BETWEEN COMMERCIAL
AIRLINES AND CABIN CREW LABOR
REPRESENTATIVES AND HAS NO
OPPOSITION. THE BILL EXEMPTS
CERTAIN FLIGHT CREW EMPLOYEES
FROM CALIFORNIA'S LABOR LABOR
CODE PROVISIONS REGARDING MEAL
AND REST BREAKS. COMPLIANCE WITH
THE CALIFORNIA MEAL AND REST
BREAKS STATUTE FOR IN FLIGHT
CABIN CREWS IS VIRTUALLY
IMPOSSIBLE FOR COMMERCIAL
AIRLINES FLIGHTS LONGER THAN 2.5
TO 3 HOURS BECAUSE THE FAA
REQUIRES THESE EMPLOYEES TO
REMAIN ON DUTY AT ALL TIMES
DURING THE FLIGHT, INCLUDING
DURING MEAL AND REST PERIODS.
UNDER CALIFORNIA MEAL AND REST
BREAK LAWS. EMPLOYEES MUST, OF
COURSE, BE OFF DUTY DURING MEAL
AND REST BREAKS FURTHER. THE
STATUTE REQUIRES AN EMPLOYEE
MUST BE ABLE TO LEAVE THE
PREMISES, WHICH IS NOT POSSIBLE
FOR EMPLOYEES WHO ARE IN FLIGHT.
THIS BILL PROVIDES A COURSE
CORRECTION FOR INCOMPATIBLE
STATE LAW AND FEDERAL
REGULATIONS. SB 41 WOULD EXEMPT
CALIFORNIA BASED CABIN CREWS
FROM THE MEAL AND REST BREAKS
ONLY IF THERE IS A COLLECTIVE
BARGAINING AGREEMENT THAT
PROVIDES FOR BREAKS OR
APPROPRIATE COMPENSATION. I DO
WANT TO THANK THIS COMMITTEE. UM
AND ONE OF OUR, UM PURE
COMMITTEES IN, UH IN THE STATE
SENATE AS WELL FOR ALL OF THE
WORK, BUT PARTICULARLY THIS
COMMITTEE, MR CHAIR OF YOUR
COMMITTEE STAFF, YOUR PERSONAL
INVOLVEMENT WITH THE BILL TO
HELP GET US HERE TODAY WITH ME
TO TESTIFY TODAY OR SAM WILKINS
FROM TRANSPORT WORKERS UNION AND
KIMBERLY BURKHOLDER FROM THE
ASSOCIATION OF FLIGHT
ATTENDANTS. I'M NEITHER OF
THOSE, UM THANK YOU, MR CHAIR
MEMBERS AND STAFF MITCH STEIGER
WITH THE CALIFORNIA LABOR
FEDERATION. WE'RE HERE TODAY IN
SUPPORT OF SB 41 THAT REPRESENTS
A LABOR MANAGEMENT AGREEMENT ON
THE PROVISION OF MEAL PERIODS
FOR FLIGHT ATTENDANTS OVER A
YEAR AGO, THE AIRLINES WERE
PURSUING UNILATERAL CHANGES TO
REST AND MEAL BREAK LAWS, AND WE
OPPOSE THOSE PROPOSALS AND URGED
THEM TO WORK WITH THE AFFECTED
UNIONS TO FIND. A MORE MUTUALLY
AGREEABLE SOLUTION. AND THIS
BILL IN FRONT OF YOU TODAY
REPRESENTS THAT SOLUTION. IT IS
CONSISTENT WITH EXISTING LAW
THAT PROVIDES ADDITIONAL
FLEXIBILITY WHERE THERE IS A C B
A IN PLACE AND IT CODIFIES THE
RIGHT TO MEAL AND REST PERIODS
FOR FLIGHT ATTENDANTS WHO WE
BELIEVE VERY MUCH DESERVED THIS
ESSENTIAL SAFETY MEASURE AND WE
URGE YOUR SUPPORT. THANK YOU.
RIGHT? GOOD AFTERNOON CHAIRMAN.
CHOLERA AND MEMBERS OF THE
COMMITTEE. THANK YOU FOR THE
OPPORTUNITY TO TESTIFY TODAY AND
SUPPORT OF URGENT PASSAGE OF SB
41. MY NAME IS KIMBERLY BURKE
CULTURE AND I'M HERE
REPRESENTING MY UNION, THE
ASSOCIATION OF FLIGHT
ATTENDANTS. MADE UP OF 50,000
FLIGHT ATTENDANTS AT 19 AIRLINES
AND HUNDREDS OF THOUSANDS OF
SIBLINGS IN THE COMMUNICATION
WORKERS OF AMERICA WHO STAND
WITH US THE CALIFORNIA MEAL AND
REST LAW ISN'T VERY IMPORTANT
PROTECTION FOR WORKERS IN
CALIFORNIA BUT FLIGHT ATTENDANTS
BASED IN CALIFORNIA HAVE YET TO
EXPERIENCE THE BENEFITS OF IT.
I'M SURE WE CAN ALL AGREE THAT
ESPECIALLY IN THESE TURBULENT
TIMES IN THE SKIES ARE WORKPLACE
LIEUTENANTS NEED AND DESERVE
THESE PROTECTIONS. THE PROBLEM
IS THAT AS WRITTEN, THERE'S NO
WAY THAT THE AIRLINES CAN COMPLY
WITH THE STATUTE BECAUSE FLIGHT
ATTENDANTS CANNOT SIMPLY LEAVE
THE PROPERTY FOR A BREAK OR GO
OFF DUTY DURING THEIR WORK DAY,
ACCORDING TO THE FEDERAL
REGULATIONS. THE LAW DOES NOT
DESCRIBE HOW TO COMPLY IN THE
FEDERAL COURT CASE MANAGEMENT
TOOK THE POSITION THAT AIRLINES
ARE EXEMPT FROM COMPLYING WITH
THIS LAW. THE COURTS DECIDE
OTHERWISE BUT DID NOT PROVIDE
INSTRUCTIONS ON ABOUT HOW TO
COMPLY. SB 41 1 FINALLY
QUALIFIED. THAT THIS LAW APPLIES
TO FLIGHT ATTENDANTS TO AIRLINES
WILL COMPLY WITH THE LAW WHEN
THEY ARGUE, BARGAIN MILL AND
RUSS LANGUAGE AND A CONTRACT.
THERE ARE SEVERAL ADVANTAGES TO
THIS APPROACH. EACH AIRLINE
OPERATION IS UNIQUE, AND THIS
ALLOWS THE FLIGHT ATTENDANT AND
MANAGEMENT TO DETERMINE HOW BEST
TO PROVIDE THESE BENEFITS WHEN
THEN THE UNIQUE OPERATIONS AT
EACH AIRLINE CALIFORNIA CAN ONLY
ENFORCE THE LAW WITHIN THE STATE
AND THE PLAINTIFF, EVEN ARGUED
THAT THE LAW ONLY APPLIES TO
INTERSTATE FLYING, WHICH WAS KEY
IN THE SUPREME COURT DECISION TO
DENY CERTAIN OF THE CASE. BUT
THERE ARE VERY FEW VERY FEW
FLIGHT ATTENDANTS BASED IN
CALIFORNIA, WHO ONLY FLY WITHIN
THE STATE'S BORDERS DURING THEIR
WORK DAY. SB 41 ENSURES THESE
PROVISIONS WILL APPLY TO ALL
CALIFORNIA BASED CLYDE
ATTENDANTS, NO MATTER WHERE
THEIR WORK TAKES THEM IN THE
COUNTRY. 85% OF THE CALIFORNIA
BASED FLIGHT ATTENDANTS HAVE A
UNION AND A UNION CONTRACT.
THOSE WHO DON'T CAN STILL FILE
FINALLY, THIS IS ALSO ABOUT JOB
SECURITY FOR OUR WORK IN
CALIFORNIA. WE DON'T WE DON'T
NEED AIRLINES MAKING DECISIONS
BASED ON THEIR INABILITY TO
COMPLY WITH THE CURRENT LAW THAT
JEOPARDIZES OUR JOBS IN
CALIFORNIA OR THE KIND OF
ASSIGNMENTS WE CAN BID FOR HERE
IN THIS STATE. WE LOOK FORWARD
TO THE URGENT PASSAGE OF THIS
BILL AND SIGNING BY THE GOVERNOR
AS SOON AS POSSIBLE. THANK YOU.
THANK YOU. PROBABLY DON'T NEED
THIS THING. GOOD AFTERNOON.
COMMITTEE CHAIRPERSON CORA. MY
NAME IS SAM WILKINS. I'M HERE ON
BEHALF OF TRANSPORT WORKERS
UNION OF AMERICA, WHO HAS
APPROXIMATELY 30,000 FLIGHT
ATTENDANTS UNDER THE W UMBRELLA
. I'M HERE SPEAKING IN FAVOR OF
THE PASSING OF THIS LEGISLATION
, CALIFORNIA MEAL AND REST
BREAKS REQUIREMENTS. CALIFORNIA
LABOR CODE 5 12 REQUIRES 10
MINUTE REST BREAKS FOR EVERY
FOUR HOURS WORKED AND UNPAID 30
MINUTE MEAL PER PERIOD. EVERY
FIVE WAS WORKED. WE CURRENTLY
DON'T HAVE THAT MOST AIRLINE
EMPLOYEES ARE COVERED BY
COLLECTIVE BARGAINING AGREEMENTS
AND SUBJECT TO THE RAILROAD
LABOR ACT. MOST GROUND EMPLOYEES
RAMP CUSTOMER SERVICE, CATERING
AND PROVISIONING. EMPLOYEES HAVE
CONTRACTUAL LANGUAGE. THAT
ADDRESSED MEAL AND REST BREAKS
WHILE FLIGHT ATTENDANTS AND
PILOTS GENERALLY DO NOT THE
NINTH CIRCUIT COURT OF APPEALS.
HELD THAT MEAL AND REST BREAKS
MUST APPLY TO FLIGHT ATTENDANTS
AND PILOTS BASED IN CALIFORNIA.
THE COURT STATED THAT MEAL AND
REST BREAKS ARE NOT A FEDERALLY
OCCUPIED FEEL OF AVIATION SAFETY
OR A SAFETY OF FLIGHT ISSUE.
THIS BELONGS UNDER STATE
SUPERVISION AND GUIDANCE AND
QUOTE THE U. S. SUPREME COURT
FAILED TO WEIGH IN ON BERNSTEIN.
AIRLINES HAVE LEGISLATIVE
LANGUAGES BE 41 THAT EXEMPTS
CALIFORNIA BASED FLIGHT CREW
FROM MEAL AND REST BREAKS
REQUIREMENTS PROVIDED THERE IS A
COLLECTIVE BARGAINING AGREEMENT
IN PLACE AND THE AGREEMENT
INCLUDES A PROVISION ADDRESSING
MEAL AND REST BREAKS CURRENTLY
TW YOU. FLIGHT ATTENDANTS DO NOT
HAVE THOSE PROVISIONS WITHIN
THEIR CONTRACTS. LEGISLATIVE
LANGUAGE PROVIDES A FRAMEWORK
FOR UNIONS TO NEGOTIATE A MEAL
AND BREAK STRUCTURE THAT IS
UNIQUE TO THE NEEDS AND
PREFERENCES OF THEIR CALIFORNIA
BASED MEMBERSHIP. AVOIDING THE
STRICT STRUCTURE THAT EXISTS IN
STATUTE. THE LEGISLATION ALSO
PROVIDES FLEXIBILITY FOR AIR
CARRIERS TO MEET OPERATIONAL
NEEDS THAT CAN VARY FROM AIRLINE
TO AIRLINE. OTHER FLIGHT
ATTENDANT GROUPS ARE IN SUPPORT
OF LEGISLATION. A F A AND A P F
A. THE TEAMSTERS PILOT GROUP IS
OPPOSED. WE ARE IN SUPPORT OF
THIS AND WE ASK THAT YOU
URGENTLY PASSED THIS. THANK YOU.
IS ANYONE IN THE ROOM WHO WOULD
LIKE TO SPEAK IN SUPPORT? S P 41
GOT A MICROPHONE TO MY RIGHT.
JUST NAME AFFILIATION AND
POSITION. HI MR CHAIR KATHY VAN
OSTEN, REPRESENTING UNITED
AIRLINES AND SUPPORT THANK YOU.
HI MARGIE LEE ON BEHALF OF
ALASKA AIRLINES AND STRONG
SUPPORT. RUBEN ZARAGOZA ON
BEHALF OF SOUTHWEST AIRLINES AND
SUPPORT THANK YOU. GOOD
AFTERNOON CHAIRED MEMBERS KATE
DEL ON BEHALF OF AMERICAN
AIRLINES CO SPONSOR AND SUPPORT.
THANK YOU. NICO MOLINA ON BEHALF
OF SILICON VALLEY LEADERSHIP
GROUP AND SUPPORT. THANK YOU.
LARA HILL ON BEHALF OF THE BAY
AREA COUNCIL IN SUPPORT. THANK
YOU. THANK YOU. BLAME ME. ASATO,
REPRESENTING HAWAIIAN AIRLINES
IN FULL SUPPORT. THANK YOU.
ACTUALLY HOFFMAN ONLY HAVE THE
CALIFORNIA CHAMBER OF COMMERCE
AND SUPPORT. THANK YOU. THANK
YOU. IS THERE ANYONE? HERE IN
OPPOSITION. I KNOW WE DON'T HAVE
ANY REGISTERED FORMAL OPPOSITION
ANYONE THAT WOULD LIKE TO SPEAK
IN OPPOSITION. YOU WILL BRING IT
BACK TO THE COMMITTEE FOR ANY
MOTIONS, COMMENTS QUESTIONS
SIMILAR RED. CONGRATULATIONS
THIS IS A BIG DEAL TO BE ABLE TO
NEGOTIATE SOMETHING LIKE THIS.
SO IMPORTANT. IT'S NOT SOMETHING
THAT HAPPENS OVERNIGHT. A LOT OF
HOURS IT GOES INTO THIS. SO WITH
THAT I WOULD MOVE THE BILL. THE
MOTION SECOND WHO WAS AMERICA? I
JUST WANNA ACKNOWLEDGE THIS IS
MY FIRST HEARING AND I'M VERY
EXCITED TO VOTE AND SOMETHING
THAT HAS EMPLOYERS, THE CHAMBER
AND LABOR TOGETHER. UM VERY
EXCITED TO BE HERE AND
SUPPORTING THIS. CONGRATULATIONS
DON'T GET USED TO IT. JUST
KIDDING. UM ANYONE ELSE? ANY
OTHER COMMENTS? I DO? WANNA YEAH
, I DO REALLY WANT TO THANK
SENATOR CORTES AND HIS TEAM FOR
TAKING THIS ON. THIS IS NO LIGHT
MATTER. I KNOW THAT IT TOOK MANY
MONTHS WITH THE UNIONS AND
AIRLINES HAVE WORKED REALLY HARD
TO COME UP WITH THIS AGREEMENT.
AND YOU KNOW, I THINK EVERYONE
KNOWS THIS COMMITTEE TAKES VERY
SERIOUSLY EXEMPTING ANY WORKER
FROM ST LOUIS BLAH, BUT I AM
ENCOURAGED HERE. I AM ENCOURAGED
, THE PARTIES WILL CONTINUE TO
NEGOTIATE SOLUTION TO MISS REST
PERIODS OF WORKERS ARE MADE
WHOLE AND EVEN MORE
SIGNIFICANTLY, YOU KNOW, WE KNOW
THAT THIS IS A UNIQUE SITUATION,
AND I THINK THAT'S A UNIQUE
INDUSTRY. THEIR UNIQUE
RELATIONSHIP BETWEEN THE
EMPLOYER AND THE WORKER THAT WE
NEED TO RECOGNIZE. UM BUT IT
DOESN'T IN ANY WAY, I THINK,
DIMINISH. CERTAINLY. UM OUR
INTENTION, UH, AS LABOR
COMMITTEE, BUT WHETHER HERE OR
IN THE SENATE WITH OUR SHARE OF
LABOR HERE TO BE VERY CLEAR THAT
WE'RE GOING TO CONTINUE TO STAND
UP AND PROTECT WORKER RIGHTS IN
THIS STATE, AND I THINK WHEN WE
SEE THE UNIONS COME TOGETHER
WITH EMPLOYERS, AND THAT'S AN
EXAMPLE OF WHEN YOU KNOW WE CAN
FEEL CONFIDENT THAT BOTH SIDES
ARE BEING REPRESENTED. WELL AND
I DO ALSO WANT TO THANK ALL THE
PARTIES, INCLUDING SENATOR
CORTEZ BEFORE YOUR PATIENCE WITH
ME AND MY COMMITTEE STAFF WHO
WERE DOING THEIR DUE DILIGENCE
NOT BEING PART OF THE INTENSE
NEGOTIATIONS BUT WANTED TO MAKE
SURE THAT WE WERE DOING
EVERYTHING WE CAN TO MAKE SURE
WORKERS ARE PROTECTED, AND I
THINK WE FEEL VERY COMFORTABLE.
I FEEL VERY COMFORTABLE AT THIS
POINT WITH ALL THE WORK THAT'S
BEEN DONE THAT WE CAN MOVE
FORWARD. IT DOES HAVE AN
URGENCY. CLAUSE ON THIS BECAUSE
IT IS AN ISSUE THAT DOES NEED TO
BE RESOLVED SOON. AND SO I'M
VERY GRATEFUL FOR ALL THE WORK
THAT HAS GOTTEN US HERE AND WITH
THAT, SENATOR COURTESY WE DO IT
IN THE MOTION IS DUE PASS
STRAIGHT TO THE ASSEMBLY FLOOR.
SENATOR COURTESY WOULD LIKE TO
CLOSE. THANK YOU IN THE SPIRIT
OF THE COMMENTS. I KNOW MR
CHAIRMAN. YOU AND I ARE PLANNING
FOR THE WHOLE ASSERTION TO GO
THIS WAY, RIGHT? THE TWO OF US
ARE ABOUT EVERYBODY ELSE.
FORTUNATELY RIGHT, UM, THE BILL
HAS UNANIMOUS BIPARTISAN SUPPORT
. IT'S PASSED OUT OF ALL
COMMITTEES AND THE SENATE FOR
WITHOUT A SINGLE NO VOTE AGAIN.
MAKE NO MISTAKE. THIS COMMITTEE
VETTED THE BILL VERY CAREFULLY
AND UM, AND WENT BACK AND FORTH
WITH US, AND WE APPRECIATE THAT.
I RESPECTFULLY ASK FOR YOUR EYE
BOAT. THANK YOU, MADAM
SECRETARY, PARTICULARLY ON THIS
BEFORE THE ONE MOTION IS DUE
PASS TO THE ASSEMBLY FLOOR.
CHOLERA. CHOLERA AYE. FLORA.
CHEN CHEN, I HANEY HANEY. I
ORTEGA ORTEGA I RAISE RAISE I
WARD WARD. I WAS HOME. ALL RIGHT
. BILL IS OUT. THANK YOU SO
MUCH, AND THE MEETING WILL BE
ADJOURNED THE 15 MINUTE MEETINGS
. YOU DON'T GET THAT EITHER. I
THINK EVERYBODY.
RAFEAL NUMBER YEAH, PROBABLY.
YEAH.
MY NAME IS.