MINUTES of PUBLIC HEARING
OF THE
INDUSTRIAL WELFARE COMMISSION

 

June 30, 2000
Sacramento

 

In accordance with the "Eight Hour-Day Restoration and Workplace Flexibility Act of 1999," commonly known as AB 60, as well as Labor Code § 1181, the Industrial Welfare Commission ("IWC") will be considering the adoption of amendments to the Interim Wage Order 2000, as well as Wage Orders 1 through 15. A public hearing was held on June 30, 2000, in Sacramento, at the State Capitol, Room 4202, to consider amendments proposed by one or more of the commissioners.

Chairman Bill Dombrowski opened the hearing at 10:18 a.m. Commissioners Barry Broad, Leslee Coleman, Bill Dombrowski, Doug Bosco, and Harold Rose were present. The IWC’s staff, including, Executive Officer Andrew Baron, Principal Analyst Michael Moreno, Analyst Nikki Verrett, Analyst Donna Scotti as well as the IWC’s legal counsel, Deputy Attorneys General Marguerite Stricklin, and Randall Borcherding, were also present.

Commissioner Bosco moved to approve the minutes from the May 26th meeting. Commissioner Coleman seconded the motion, which passed unanimously.

Commissioner Dombrowski proposed consideration of the proposals in Item #2 of the Agenda regarding Definitions, Daily Overtime, Make-up Time, Collective Bargaining, Minors, Penalties and Meal Periods. Commissioner Broad proposed approval of amendments to the Item #2 sections regarding Collective Bargaining Agreements and Meal Periods in Wage Order 12 relating to the Motion Picture Industry. Commissioner Broad indicated that he would vote in favor of the first amendment and abstain from the second. The first motion on collective bargaining passed unanimously, the second motion on Meal Periods passed with Commissioner Broad abstaining. Commissioner Broad moved for approval of the language contained in Item #2, as amended, and Commissioner Rose provided a second to the motion. The motion was unanimously approved.

With regard to Item #3 on the Agenda, Commissioner Bosco proposed an amendment to healthcare industry coverage in Section I(B) of Alternative Workweeks, by adding subsection (B)(4) as follows: "Licensed veterinarians, registered veterinary technicians, and registered animal health technicians providing patient care". He also proposed adding the same language to the Statement as to Basis as well as a statement that the definitions of animal health care providers are the same as in Business and Professions Code Sections 4825 through 4857. Commissioner Coleman seconded the motion, which passed by a majority vote of 3 to 2.

With regard to Item #4, Commissioner Broad proposed to adopt or amend IWC wage orders with respect to break periods, meal periods, and days of rest. Commissioner Rose seconded the motion, which passed by a majority vote of 3 to 2.

Commissioner Broad proposed Item #5 on the Agenda as an amendment to Wage Order 5, concerning the removal of personal attendants, resident managers and employees who have direct responsibility for children in twenty-four (24) hour care from Section 3(D) of that Order to comply with pertinent federal regulations. Commissioner Bosco seconded the motion, which was passed unanimously.

Commissioner Rose proposed consideration of Item #6 on the Agenda, language proposed by Commissioner Broad regarding the commercial fishing industry. Commissioner Bosco seconded the motion, which passed unanimously.

Commissioner Dombrowski proposed Item #7 on the Agenda, that the ski industry goes to a 48-hour week, 10-hour day, during the ski season, which means any month of the year during which Alpine or Nordic skiing activities, including snowmaking and grooming activities, are actually being conducted. Commissioner Coleman seconded the motion, which passed by a majority vote of 3 to 2.

With regard to Item #8 on the Agenda, Commissioner Dombrowski proposed adoption of his proposal, with amendments, regarding the duties that meet the test for the exemption from overtime pay for administrative, executive, and professional employees. Commissioner Coleman seconded the motion. Commissioner Broad alternative language for this agenda item. Commissioner’s Dombrowski’s proposal passed by a majority vote 3 to 2.

Commissioner Dombrowski proposed that the IWC adopt the language in Item #9 on the Agenda as follows: "The IWC directs the executive officer to finalize the Statement as to the Basis and summary language in accordance with the Commission’s deliberations and regulations that have been adopted. The executive officer shall report on its completion to the Commission." Commissioner Coleman seconded the motion, which passed by a majority vote.

Commissioner Dombrowski proposed adoption of Item #10, consideration of whether to extend the provisions of Interim Wage Order 2000 up to the effective date of language of the new wage orders adopted at this hearing, pursuant to Labor Code §517. Commissioner Coleman seconded the motion, which passed unanimously.

The following individuals presented testimony:

Reconsideration of May 26 Actions re Healthcare

TOM RANKIN, California Labor Federation, AFL-CIO

ALLEN DAVENPORT, Service Employees International Union

BARBARA BLAKE, United Nurses Associations of California, AFSCME

RICHARD HOLOBER, California Nurses Association

DON MADDY, George Steffes, Inc.; California Healthcare Association

Meal and Rest Period Proposals

TOM RANKIN, California Labor Federation, AFL-CIO

JULIANNE BROYLES, California Chamber of Commerce

JAMES ABRAMS, California Hotel and Motel Association

SPIKE KAHN, AFSCME Council

Ski Industry Regulations

TOM RANKIN, California Labor Federation, AFL-CIO

PAM MITCHELL, Mammoth Mountain Ski Area employee

BILL CAMP, Sacramento Central Labor Council

MARCIE BERMAN, California Employment Lawyers Association

PATRICIA GATES, Van Bourg, Weinberg, Roger & Rosenfeld

BOB ROBERTS, California Ski Industry Associations

Executive, Administrative, and Professional Duties

BRUCE YOUNG, California Retailers Association

LYNN THOMPSON, Law Firm of Bryan Cave, LLP; California Retailers Association

ART PULASKI, California Labor Federation, AFL-CIO

TOM RANKIN, California Labor Federation, AFL-CIO

WALLY KNOX, California State Assembly member

JUDY PEREZ, Communication Workers of America

MARCIE BERMAN, California Employment Lawyers Association

LAURA HO, Saperstein, Goldstein, Demchak & Baller

PATRICIA GATES, Van Bourg, Weinberg, Roger & Rosenfeld

TOM BRANDEN, Machinists Union, District Lodge

DON HUNSUCKER, United Food and Commercial Workers Local 1288

WALTER JOHNSON, San Francisco Labor Council

Other Business

MARY LOU THOMPSON, Littler, Mendelson, Fastiff, Tichy & Mathiason

After the IWC determined that no one present wished to give further testimony, it was agreed by common consent to adjourn the public hearing at 2:26 p.m. Commissioner Bosco moved to adjourn. Commissioner Rose seconded. Motion was unanimously passed.