Bill Text: CA AB2419 | 2013-2014 | Regular Session | Enrolled
Bill Title: Public employee relations: agency shop arrangements.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Vetoed) 2014-08-04 - Consideration of Governor's veto pending. [AB2419 Detail]
Download: California-2013-AB2419-Enrolled.html
BILL NUMBER: AB 2419 ENROLLED
BILL TEXT
PASSED THE SENATE JUNE 30, 2014
PASSED THE ASSEMBLY MAY 15, 2014
AMENDED IN ASSEMBLY MARCH 12, 2014
INTRODUCED BY Assembly Member Garcia
FEBRUARY 21, 2014
An act to amend Section 3502.5 of the Government Code, relating to
public employee relations.
LEGISLATIVE COUNSEL'S DIGEST
AB 2419, Garcia. Public employee relations: agency shop
arrangements.
Existing law, the Meyers-Milias-Brown Act, regulates labor
relations between employees and management of local public agencies.
Existing law permits an agency shop agreement to be negotiated
between a public agency and a recognized public employee organization
that has been recognized as the exclusive or majority bargaining
agent and defines an agency shop as an arrangement that requires an
employee, as a condition of continued employment, to join the
recognized employee organization or to pay the organization a service
fee, as specified. Existing law permits an agency shop arrangement
to be implemented without negotiation upon submission of a prescribed
petition and a specified vote of the employees. Existing law
prohibits an agency shop arrangement from applying to management
employees. Existing law grants the employee relations commissions in
the County of Los Angeles and the City of Los Angeles the authority
to take certain actions that would otherwise be the responsibility of
the Public Employment Relations Board.
This bill would authorize the inclusion of management employees in
an agency shop arrangement in the County of Los Angeles and the City
of Los Angeles.
This bill would make legislative findings and declarations as to
the necessity of a special statute for the County of Los Angeles and
the City of Los Angeles.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 3502.5 of the Government Code is amended to
read:
3502.5. (a) Notwithstanding Section 3502, any other provision of
this chapter, or any other law, rule, or regulation, an agency shop
agreement may be negotiated between a public agency and a recognized
public employee organization that has been recognized as the
exclusive or majority bargaining agent pursuant to reasonable rules
and regulations, ordinances, and enactments, in accordance with this
chapter. As used in this chapter, "agency shop" means an arrangement
that requires an employee, as a condition of continued employment,
either to join the recognized employee organization or to pay the
organization a service fee in an amount not to exceed the standard
initiation fee, periodic dues, and general assessments of the
organization.
(b) In addition to the procedure prescribed in subdivision (a), an
agency shop arrangement between the public agency and a recognized
employee organization that has been recognized as the exclusive or
majority bargaining agent shall be placed in effect, without a
negotiated agreement, upon (1) a signed petition of 30 percent of the
employees in the applicable bargaining unit requesting an agency
shop agreement and an election to implement an agency fee
arrangement, and (2) the approval of a majority of employees who cast
ballots and vote in a secret ballot election in favor of the agency
shop agreement. The petition may be filed only after the recognized
employee organization has requested the public agency to negotiate on
an agency shop arrangement and, beginning seven working days after
the public agency received this request, the two parties have had 30
calendar days to attempt good faith negotiations in an effort to
reach agreement. An election that may not be held more frequently
than once a year shall be conducted by the California State Mediation
and Conciliation Service in the event that the public agency and the
recognized employee organization cannot agree within 10 days from
the filing of the petition to select jointly a neutral person or
entity to conduct the election. In the event of an agency fee
arrangement outside of an agreement that is in effect, the recognized
employee organization shall indemnify and hold the public agency
harmless against any liability arising from a claim, demand, or other
action relating to the public agency's compliance with the agency
fee obligation.
(c) An employee who is a member of a bona fide religion, body, or
sect that has historically held conscientious objections to joining
or financially supporting public employee organizations shall not be
required to join or financially support a public employee
organization as a condition of employment. The employee may be
required, in lieu of periodic dues, initiation fees, or agency shop
fees, to pay sums equal to the dues, initiation fees, or agency shop
fees to a nonreligious, nonlabor charitable fund exempt from taxation
under Section 501(c)(3) of the Internal Revenue Code, chosen by the
employee from a list of at least three of these funds, designated in
a memorandum of understanding between the public agency and the
public employee organization, or if the memorandum of understanding
fails to designate the funds, then to a fund of that type chosen by
the employee. Proof of the payments shall be made on a monthly basis
to the public agency as a condition of continued exemption from the
requirement of financial support to the public employee organization.
(d) An agency shop provision in a memorandum of understanding that
is in effect may be rescinded by a majority vote of all the
employees in the unit covered by the memorandum of understanding,
provided that: (1) a request for that type of vote is supported by a
petition containing the signatures of at least 30 percent of the
employees in the unit, (2) the vote is by secret ballot, and (3) the
vote may be taken at any time during the term of the memorandum of
understanding, but in no event shall there be more than one vote
taken during that term. Notwithstanding the above, the public agency
and the recognized employee organization may negotiate, and by mutual
agreement provide for, an alternative procedure or procedures
regarding a vote on an agency shop agreement. The procedures in this
subdivision are also applicable to an agency shop agreement placed in
effect pursuant to subdivision (b).
(e) (1) Except as provided in paragraph (2), an agency shop
arrangement shall not apply to management employees.
(2) In the County of Los Angeles and the City of Los Angeles, an
agency shop arrangement may apply to management employees.
(f) A recognized employee organization that has agreed to an
agency shop provision or is a party to an agency shop arrangement
shall keep an adequate itemized record of its financial transactions
and shall make available annually, to the public agency with which
the agency shop provision was negotiated, and to the employees who
are members of the organization, within 60 days after the end of its
fiscal year, a detailed written financial report thereof in the form
of a balance sheet and an operating statement, certified as to
accuracy by its president and treasurer or corresponding principal
officer, or by a certified public accountant. An employee
organization required to file financial reports under the federal
Labor-Management Reporting and Disclosure Act of 1959 (29 U.S.C. Sec.
401 et seq.) covering employees governed by this chapter, or
required to file financial reports under Section 3546.5, may satisfy
the financial reporting requirement of this section by providing the
public agency with a copy of the financial reports.
SEC. 2. The Legislature finds and declares that a special law is
necessary and that a general law cannot be made applicable within the
meaning of Section 16 of Article IV of the California Constitution
because of the complexity of economic issues facing large public
entities in the County of Los Angeles and the City of Los Angeles and
the effect of the authority provided to the County of Los Angeles
and the City of Los Angeles in Section 3509 of the Government Code.
