Bill Text: CA AB1550 | 2013-2014 | Regular Session | Enrolled
Bill Title: School employees: collective bargaining.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Vetoed) 2014-09-29 - Vetoed by Governor. [AB1550 Detail]
Download: California-2013-AB1550-Enrolled.html
BILL NUMBER: AB 1550 ENROLLED
BILL TEXT
PASSED THE SENATE AUGUST 21, 2014
PASSED THE ASSEMBLY AUGUST 25, 2014
AMENDED IN SENATE AUGUST 19, 2014
AMENDED IN SENATE JUNE 25, 2014
AMENDED IN ASSEMBLY MAY 23, 2014
AMENDED IN ASSEMBLY MARCH 19, 2014
INTRODUCED BY Assembly Member Rendon
JANUARY 27, 2014
An act to amend Section 3548 of, and to add Section 3548.9 to, the
Government Code, relating to school employees.
LEGISLATIVE COUNSEL'S DIGEST
AB 1550, Rendon. School employees: collective bargaining.
(1) Existing law permits public school employees to form, join,
and participate in the activities of employee organizations of their
own choosing for the purpose of representation on all matters of
employer-employee relations, as specified. Existing law permits an
employee organization to become the exclusive representative of an
appropriate unit for purposes of meeting and negotiating, as defined,
with a public school employer. Existing law authorizes either a
public school employer or the exclusive representative to declare
that an impasse, as defined, has been reached between the parties in
negotiations over matters within the scope of representation and to
request the Public Employment Relations Board to appoint a mediator
for the purpose of assisting them, as specified. If the board
determines that an impasse exists, existing law requires it to
appoint a mediator in accordance with rules it is required to
prescribe within 5 working days after the receipt of a request.
This bill would increase the time allowed for the board to appoint
a mediator, as described above, to 10 working days after the receipt
of a request. The bill would also make technical changes in these
provisions.
(2) Existing law authorizes, if the mediator is unable to effect
settlement of the controversy within 15 days after the mediator's
appointment and the mediator declares that factfinding is appropriate
to the resolution of the impasse, either party to request that their
differences be submitted to a factfinding panel, as specified.
Existing law requires the panel, if the dispute is not settled within
30 days after its appointment, to make findings of fact and
recommend terms of settlement. Existing law requires the public
school employer to make these findings and recommendations public
within 10 days after their receipt. Existing law prohibits certain
laws related to collective bargaining for public school employees
from being construed as prohibiting a public school employer from
making the final decision with regard to specified matters,
including, among other things, matters related to the scope of
representation, as defined, and the causes and procedures for
disciplinary action other than dismissal.
This bill would require the public school employer, after impasse
procedures have been completed and the public school employer has
made the factfinding panel's recommendations and findings public, to
provide written notice to the exclusive representative of the date
for the implementation of each of the terms included in the last,
best, and final offer of the public school employer at least 30 days
before that implementation. By requiring the local public school
employer to perform these additional duties, this bill would impose a
state-mandated local program.
(3) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 3548 of the Government Code is amended to read:
3548. (a) Either a public school employer or the exclusive
representative may declare that an impasse has been reached between
the parties in negotiations over matters within the scope of
representation and may request the board to appoint a mediator for
the purpose of assisting them in reconciling their differences and
resolving the controversy on terms that are mutually acceptable. If
the board determines that an impasse exists, it shall, in no event
later than 10 working days after the receipt of a request, appoint a
mediator in accordance with rules as it shall prescribe. The mediator
shall meet forthwith with the parties or their representatives,
either jointly or separately, and shall take other steps as he or she
may deem appropriate in order to persuade the parties to resolve
their differences and effect a mutually acceptable agreement. The
services of the mediator, including any per diem fees and actual and
necessary travel and subsistence expenses, shall be provided by the
board without cost to the parties.
(b) This section shall not be construed to prevent the parties
from mutually agreeing upon their own mediation procedure and in the
event of an agreement, the board shall not appoint its own mediator,
unless failure to do so would be inconsistent with the policies of
this chapter. If the parties agree upon their own mediation
procedure, the cost of the services of any appointed mediator, unless
appointed by the board, including any per diem fees and actual and
necessary travel and subsistence expenses, shall be borne equally by
the parties.
SEC. 2. Section 3548.9 is added to the Government Code, to read:
3548.9. After the impasse procedures have been completed and the
public school employer has made the factfinding panel's
recommendations and findings public pursuant to subdivision (a) of
Section 3548.3, and at least 30 days before implementation of each
term of the public school employer's last, best, and final offer, the
public school employer shall provide the exclusive representative
with written notice of the date certain for the implementation of
each of the terms included in the last, best, and final offer of the
public school employer.
SEC. 3. If the Commission on State Mandates determines that this
act contains costs mandated by the state, reimbursement to local
agencies and school districts for those costs shall be made pursuant
to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of
the Government Code.
