STATE OF CALIFORNIA

DEPARTMENT OF INDUSTRIAL RELATIONS

INDUSTRIAL WELFARE COMMISSION

Public Meeting

July 19, 2002

State Capitol, Senate Room 113

Sacramento, California

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DOUG BOSCO

LESLEE COLEMAN

TIM CREMINS

HAROLD ROSE

BRIDGET BANE, Executive Officer

DOUG McCONKIE, Analyst

DAVID ZAHEDI, Analyst

Page

Proceedings 4

Appoint Members of Wage Board - Minimum Wage 4

New Business 9

PETER COOPER, California Labor Federation, 9

AFL-CIO

JULIANNE BROYLES, California Chamber of Commerce 10

Adjournment 11

Certificate of Reporter/Transcriber 12

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(Time noted: 10:02 a.m.)

COMMISSIONER ROSE: With the chairperson on vacation, I've been asked to chair this meeting, so I'll call the meeting to order.

And could you take roll, please?

MS. BANE: Mr. Dombrowski is not present.

Mr. Cremins.

COMMISSIONER CREMINS: Here.

MS. BANE: Mr. Bosco.

COMMISSIONER BOSCO: Here.

MS. BANE: Chairman Rose.

COMMISSIONER ROSE: Here.

MS. BANE: And Ms. Coleman.

COMMISSIONER COLEMAN: Here.

COMMISSIONER ROSE: We didn't pass out any information. Is anybody in your office going to speak, or are we just here to -- no speakers? Oh.

We have a rather short agenda. And it's to appoint the members to the wage board which would be charged with the duty of reviewing the adequacy of California's current minimum wage, as provided for in Government Code Section 1173.

We have a list of nominees. There are five for the employer, five for the employee side, and three alternates for each side.

Were these published anywhere else, or just --

MS. BANE: Just distributed to the commissioners.

COMMISSIONER ROSE: -- to the Commission?

COMMISSIONER BOSCO: May I ask?

COMMISSIONER ROSE: Certainly.

COMMISSIONER BOSCO: My list has, I think, more than five -- six.

COMMISSIONER CREMINS: I think the last ones were alternates.

COMMISSIONER ROSE: The last three are alternates, at the bottom.

COMMISSIONER BOSCO: Oh, they're -- okay. Okay, fine.

COMMISSIONER ROSE: Fine.

MS. BANE: It might be a little confusing. Rather than just delineate by a line segmenting off the three alternates, they are each labeled "Alternate" next to their name.

COMMISSIONER BOSCO: Okay. Mr. Chairman, I move that we -- that the nominees named on the list presented to us be appointed by the Commission to serve on the wage board.

COMMISSIONER ROSE: Okay. A motion.

COMMISSIONER CREMINS: Oh, the motion, Mr. Chair. I wondered -- I see a certain segment that I'd like, from the labor movement, included at minimum as an alternate that's not listed here. Is it possible to get another alternate added on? What I'm looking for is someone from the building trades. I didn't see anyone listed on here.

MS. BANE: Well, it's certainly possible for this group to do that today. I don't know if someone from --

COMMISSIONER CREMINS: Or can we alternate alternates? And what -- I was looking for some input from the building trades, which I didn't see here. And I don't want to -- I don't want to risk holding up the motion. I want to get this moving along.

MS. BANE: I believe that --

MS. BROYLES: The nominations were closed, weren't they?

MS. BANE: The nominations were closed. However, if there is a -- however, if there is a nominee who already exists as a nominee, whose name was submitted but who was not selected and who is from the building trades, then that person would be eligible for what Commissioner Cremins is asking.

However, if you would -- and in addition, if you would like to approve this list at this time, and if the Commission wished to appoint one more alternate on each side at a later date, you could also do that.

COMMISSIONER CREMINS: Okay.

COMMISSIONER ROSE: Okay.

COMMISSIONER CREMINS: I think that would satisfy.

COMMISSIONER ROSE: We still have a motion. Do we have a second?

COMMISSIONER COLEMAN: Second.

COMMISSIONER ROSE: Motion made and seconded.

Any further discussion?

(No response)

COMMISSIONER ROSE: All those in favor, signify by saying "aye" -- oh, excuse me -- if we have to do it that way, we'll take a roll call.

MS. BANE: Would you like a roll call?

Commissioner Cremins.

COMMISSIONER CREMINS: Aye.

MS. BANE: Commissioner Bosco.

COMMISSIONER BOSCO: Aye.

MS. BANE: Commissioner Rose.

COMMISSIONER ROSE: Aye.

MS. BANE: And Commissioner Coleman.

COMMISSIONER COLEMAN: Aye.

MS. BANE: Passed unanimously.

COMMISSIONER ROSE: Passed.

MS. BROYLES: Can the names be read?

COMMISSIONER CREMINS: Can you read the names to the public?

MS. BANE: Yes. Would you like for me to read them?

COMMISSIONER ROSE: Would you, please?

MS. BANE: Employer nominees -- and we will supply you with a list --

COMMISSIONER BOSCO: It would be nice to supply them with a list.

MS. BANE: Why don't you take a look at the list? And if you don't need to have this read to you, we'll --

COMMISSIONER COLEMAN: This has everyone's names.

MS. BANE: -- we'll pass that.

(Pause)

MS. BANE: I think everyone is satisfied with the distribution of the list.

COMMISSIONER CREMINS: Will you post this on the Web site?

MS. BANE: Yes. We'll post it on the Web site.

COMMISSIONER ROSE: I'll give you a couple minutes to review the list.

MS. BANE: Any comments or problems with the list?

COMMISSIONER BOSCO: We're counting on this group to come up with a compromise on the minimum wage.

COMMISSIONER ROSE: With a recommendation that the IWC can live with.

COMMISSIONER BOSCO: Yeah. It's called optimism.

(Pause)

COMMISSIONER BOSCO: Would the chair entertain a motion to adjourn?

COMMISSIONER ROSE: No. I have a little more piece of business here. I'm sorry.

COMMISSIONER COLEMAN: Good try.

COMMISSIONER ROSE: I'll let you folks review your lists.

Peter Cooper, you have something to --

MR. COOPER: Yes.

COMMISSIONER ROSE: -- bring before us, please?

MR. COOPER: In "Other Business."

COMMISSIONER ROSE: In "Other Business," yes.

MR. COOPER: Peter Cooper, California Labor Federation. We just wanted to register our concern with the way that the IWC has been functioning lately, specifically with regard to the lawsuit between the California Labor Federation and the IWC. We feel it is unorthodox and actually secretive, in the way that you have been functioning regarding the lawsuit. We feel it is outrageous that you appealed, although there have been no public hearings on this issue. So we just wanted to state that for the record, that we are in total disagreement with the way that the lawsuit and the public hearings around the lawsuit have been dealt with by the IWC.

Thank you.

COMMISSIONER ROSE: Thank you. I'll note that.

Yes?

MS. BROYLES: Juli Broyles, California Chamber of Commerce. For the record, I believe, in my experience in working with the Industrial Welfare Commission, this body has always had the right to work in executive session when discussing legislative issues, the same as any other board and commission has on any issue. And on previous lawsuits, I can never remember the issue of whether to appeal or not, to appeal a decision, ever being put forward at a public meeting or hearing.

COMMISSIONER ROSE: Thank you.

MS. BANE: And although we have not scheduled this for a status or an executive session for the Commissioners today, as a brief status, it's my understanding from the chair, who is absent today, Mr. Dombrowski, that the Notice of Appeal was filed in order to preserve the rights of the IWC to appeal, and that any -- at a future date there will be discussion in executive session by this -- by this body. And he would like to be present for those discussions.

COMMISSIONER ROSE: Thank you.

COMMISSIONER CREMINS: And that appeal was done under his authority or power as chair, as opposed to --

MS. BANE: That's my understanding, yes, Commissioner Cremins.

COMMISSIONER CREMINS: As opposed to Commission action or --

MS. BANE: As opposed to Commission action.

COMMISSIONER ROSE: Any further business?

(No response)

COMMISSIONER BOSCO: Mr. Chairman, I'd move we adjourn.

COMMISSIONER ROSE: Move for the meeting to adjourn.

COMMISSIONER COLEMAN: Second.

COMMISSIONER ROSE: Second.

All in favor, signify by saying "aye."

(Chorus of "ayes")

COMMISSIONER ROSE: We're adjourned. Thank you very much for taking the time.

(Thereupon, at 10:10 a.m., the public

meeting was adjourned.)

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CERTIFICATE OF REPORTER/TRANSCRIBER

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I, Cynthia M. Judy, a duly designated reporter and transcriber, do hereby declare and certify under penalty of perjury under the laws of the State of California that I transcribed the tape recorded at the Public Meeting of the Industrial Welfare Commission, held on July 19, 2002, in Sacramento, California, and that the foregoing pages constitute a true, accurate, and complete transcription of the aforementioned tape, to the best of my ability.

Dated: August 16, 2002 ______________________________

CYNTHIA M. JUDY

Reporter/Transcriber