CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Assembly Bill
No. 2798

Introduced by Assembly Member Robert Rivas

February 15, 2024

An act to amend Sections 3599.60 and 3599.71 of the Government Code, relating to the Legislature.


LEGISLATIVE COUNSEL'S DIGEST


AB 2798, as introduced, Robert Rivas. Collective bargaining: Legislature.
Existing law, the Legislature Employer-Employee Relations Act, will become operative on July 1, 2026 to provide specified employees of the Legislature the right 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. Existing law requires the “employer,” defined as the Assembly Committee on Rules or the Senate Committee on Rules, to meet and confer with representatives of recognized employee organizations regarding matters within the scope of representation. Existing law excludes certain matters from the scope of representation, as specified. Existing law authorizes certain parties to petition for extraordinary relief from specified decisions or orders of the Public Employment Relations Board, and requires this petition to be filed in the district court of appeal in the appellate district where the unit determination or unfair practice dispute occurred. Existing law provides that if the time to petition for extraordinary relief from a board decision has expired, the board may seek enforcement of its final decision or order in a district court of appeal or a superior court in the district where the unit determination or unfair practice case occurred.
This bill would exclude the design, construction, and location of legislative facilities from the scope of representation. The bill would require a petition for extraordinary relief from a decision or order of the Public Employment Relations Board, as specified, to instead be filed in the Court of Appeal for the Third Appellate District. The bill would provide that if the time to petition for extraordinary relief from a board decision has expired, the board may instead seek enforcement of its final decision or order in the Court of Appeal for the Third Appellate District or Superior Court of the County of Sacramento. The bill would require the employer to reimburse an employee for any reasonable travel expenses incurred by the employee in traveling to and from a court proceeding at the Court of Appeal for the Third Appellate District or Superior Court of the County of Sacramento at which the employee is required to appear.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 3599.60 of the Government Code is amended to read:

3599.60.
 (a) The scope of representation is limited to wages, hours, and other terms and conditions of employment, except that the scope of representation does not include consideration of the merits, necessity, or organization of any service or activity provided by law.
(b) In view of the powers and responsibilities vested in the Legislature pursuant to the California Constitution, decisions regarding the following matters shall not be included within the scope of representation:
(1) Any matter relating to the qualifications and elections of Members of the Legislature, or the holding of office of Members of the Legislature.
(2) Any matter relating to the Legislature or each house thereof choosing its officers, adopting rules for its proceedings, selecting committees necessary for the conduct of its business, considering and enacting legislation, or otherwise exercising the legislative power of this state.
(3) Any matter relating to legislative calendars, schedules, and deadlines of the Legislature.
(4) Laws, rules, policies, or procedures regarding ethics or conflicts of interest.
(5) Design, construction, and location of legislative facilities.

SEC. 2.

 Section 3599.71 of the Government Code is amended to read:

3599.71.
 (a) Judicial review of a unit determination is allowed only under either of the following circumstances:
(1) When the board, in response to a petition from the employer or an employee organization, agrees that the case is one of special importance and joins in the request for review.
(2) When the issue is raised as a defense to an unfair practice complaint. A board order directing an election shall not be stayed pending judicial review.
(b) Upon receipt of a board order joining in a request for judicial review, a party to the case may petition for a writ of extraordinary relief from the unit determination decision or order.
(c) Any charging party, respondent, or intervenor aggrieved by a final decision or order of the board in an unfair practice case, except a decision of the board not to issue a complaint in such a case, may petition for a writ of extraordinary relief from the decision or order.
(d) The petition shall be filed in the district court of appeal in the appellate district where the unit determination or unfair practice dispute occurred. Court of Appeal for the Third Appellate District. The petition shall be filed within 30 days after issuance of the board’s final order, order denying reconsideration, or order joining in the request for judicial review, as applicable. Upon the filing of the petition, the court shall cause notice to be served upon the board and thereupon shall have jurisdiction of the proceeding. The board shall file in the court the record of the proceeding, certified by the board, within 10 days after the clerk’s notice unless the time is extended by the court for good cause shown. The court has jurisdiction to grant to the board any temporary relief or restraining order it deems just and proper and in like manner to make and enter a decree enforcing, modifying, or setting aside the order of the board. The findings of the board with respect to questions of fact, including ultimate facts, if supported by substantial evidence on the record considered as a whole, are conclusive. The provisions of Title 1 (commencing with Section 1067) of Part 3 of the Code of Civil Procedure relating to writs, except where specifically superseded herein, apply to proceedings pursuant to this section.
(e) If the time to petition for extraordinary relief from a board decision has expired, the board may seek enforcement of any final decision or order in a district court of appeal or a superior court in the district where the unit determination or unfair practice case occurred. the Court of Appeal for the Third Appellate District or the Superior Court of the County of Sacramento. If, after a hearing, the court determines that the order was issued pursuant to procedures established by the board and that the person or entity refuses to comply with the order, the court shall enforce the order by writ of mandamus. The court shall not review the merits of the order.
(f) The employer shall reimburse an employee for any reasonable travel expenses incurred by the employee in traveling to and from a court proceeding at the Court of Appeal for the Third Appellate District or the Superior Court of the County of Sacramento at which the employee is required to appear.