Bill Text: CA SB979 | 2013-2014 | Regular Session | Amended
Bill Title: Local public employee organizations: differences: factfinding panel.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2014-03-19 - Re-referred to Com. on P.E. & R. [SB979 Detail]
Download: California-2013-SB979-Amended.html
BILL NUMBER: SB 979 AMENDED
BILL TEXT
AMENDED IN SENATE MARCH 17, 2014
INTRODUCED BY Senator Beall
( Coauthor: Senator Torres
)
FEBRUARY 11, 2014
An act to amend Section 256 of the Welfare and
Institutions Code, relating to juveniles. An act to
amend Section 3505.4 of the Government Code, relating to local public
employee organizations.
LEGISLATIVE COUNSEL'S DIGEST
SB 979, as amended, Beall. Juveniles: juvenile hearing
officers. Local public employee organizations:
differences: factfinding panel.
Existing law, the Myers-Milias-Brown Act, contains provisions that
govern collective bargaining of local public employee organizations,
and requires the Public Employment Relations Board to, among other
things, determine in disputed cases whether a particular item is
within or without the scope of representation. Existing law requires
the governing body of a local public agency, or those boards,
commissions, administrative officers, or other representatives as may
be properly designated by law or by a governing body, to meet and
confer in good faith regarding wages, hours, and other terms and
conditions of employment with representatives of recognized employee
organizations. Existing law authorizes an employee organization to
request that the parties' differences be submitted to a factfinding
panel not sooner than 30 days or more than 45 days following the
appointment or selection of a mediator pursuant to the parties'
agreement to mediate or a mediation process required by a public
agency's local rules. Existing law authorizes an employee
organization, if the dispute was not submitted to a mediation, to
request that the parties' differences be submitted to a factfinding
panel not later than 30 days following the date that either party
provided the other with a written notice of a declaration of impasse.
Existing law requires the Public Employment Relations Board to
select a chairperson of the factfinding panel within a specified
period of time.
This bill would provide that differences under these provisions
include those differences that arise from any dispute over any matter
within the scope of representation as to which an obligation to meet
and confer exists and are not limited to negotiations after impasse
after collective bargaining for a new or successor memorandum of
understanding.
Existing law allows a juvenile hearing officer to hear and dispose
of any case in which a minor is alleged to have committed any one of
specified misdemeanors or infractions.
This bill would make a technical, nonsubstantive change to these
provisions.
Vote: majority. Appropriation: no. Fiscal committee: no
yes . State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 3505.4 of the
Government Code is amended to read:
3505.4. (a) (1) The employee organization
may request that the parties' differences be submitted to a
factfinding panel not sooner than 30 days, but not more than 45 days,
following the appointment or selection of a mediator pursuant to the
parties' agreement to mediate or a mediation process required by a
public agency's local rules. If the dispute was not submitted to
mediation, an employee organization may request that the parties'
differences be submitted to a factfinding panel not later than 30
days following the date that either party provided the other with a
written notice of a declaration of impasse. Within five days after
receipt of the written request, each party shall select a person to
serve as its member of the factfinding panel. The Public Employment
Relations Board shall, within five days after the selection of panel
members by the parties, select a chairperson of the factfinding
panel.
(2) For the purposes of paragraph (1), differences between the
parties that are subject to a request by the employee organization
for submission to a factfinding panel may include differences that
arise from any dispute over any matter within the scope of
representation as to which an obligation to meet and confer exists
under Section 3505 and are not limited to negotiations after impasse
after collective bargaining for a new or successor memorandum of
understanding.
(b) Within five days after the board selects a chairperson of the
factfinding panel, the parties may mutually agree upon a person to
serve as chairperson in lieu of the person selected by the board.
(c) The panel shall, within 10 days after its appointment, meet
with the parties or their representatives, either jointly or
separately, and may make inquiries and investigations, hold hearings,
and take any other steps it deems appropriate. For the purpose of
the hearings, investigations, and inquiries, the panel shall have the
power to issue subpoenas requiring the attendance and testimony of
witnesses and the production of evidence. Any state agency, as
defined in Section 11000, the California State University, or any
political subdivision of the state, including any board of education,
shall furnish the panel, upon its request, with all records, papers,
and information in their possession relating to any matter under
investigation by or in issue before the panel.
(d) In arriving at their findings and recommendations, the
factfinders shall consider, weigh, and be guided by all the following
criteria:
(1) State and federal laws that are applicable to the employer.
(2) Local rules, regulations, or ordinances.
(3) Stipulations of the parties.
(4) The interests and welfare of the public and the financial
ability of the public agency.
(5) Comparison of the wages, hours, and conditions of employment
of the employees involved in the factfinding proceeding with the
wages, hours, and conditions of employment of other employees
performing similar services in comparable public agencies.
(6) The consumer price index for goods and services, commonly
known as the cost of living.
(7) The overall compensation presently received by the employees,
including direct wage compensation, vacations, holidays, and other
excused time, insurance and pensions, medical and hospitalization
benefits, the continuity and stability of employment, and all other
benefits received.
(8) Any other facts, not confined to those specified in paragraphs
(1) to (7), inclusive, which are normally or traditionally taken
into consideration in making the findings and recommendations.
(e) The procedural right of an employee organization to request a
factfinding panel cannot be expressly or voluntarily waived.
SECTION 1. Section 256 of the Welfare and
Institutions Code is amended to read:
256. Subject to the orders of the juvenile court, a juvenile
hearing officer may hear and dispose of any case in which a minor
under 18 years of age as of the date of the alleged offense is
charged with (1) any violation of the Vehicle Code, except Section
23136, 23140, 23152, or 23153 of that code, not declared to be a
felony, (2) a violation of subdivision (m) of Section 602 of the
Penal Code, (3) a violation of the Fish and Game Code not declared to
be a felony, (4) a violation of any of the equipment provisions of
the Harbors and Navigation Code or the vessel registration provisions
of the Vehicle Code, (5) a violation of any state or local law
relating to traffic offenses, loitering or curfew, or evasion of
fares on a public transportation system, as defined by Section 99211
of the Public Utilities Code, (6) a violation of Section 27176 of the
Streets and Highways Code, (7) a violation of Section 640 or 640a of
the Penal Code, (8) a violation of the rules and regulations
established pursuant to Sections 5003 and 5008 of the Public
Resources Code, (9) a violation of Section 33211.6 of the Public
Resources Code, (10) a violation of Section 25658, 25658.5, 25661, or
25662 of the Business and Professions Code, (11) a violation of
subdivision (f) of Section 647 of the Penal Code, (12) a misdemeanor
violation of Section 594 of the Penal Code, involving defacing
property with paint or any other liquid, (13) a violation of
subdivision (b), (d), or (e) of Section 594.1 of the Penal Code, (14)
a violation of subdivision (b) of Section 11357 of the Health and
Safety Code, (15) any infraction, or (16) any misdemeanor for which
the minor is cited to appear by a probation officer pursuant to
subdivision (f) of Section 660.5.
