Bill Text: CA AB537 | 2013-2014 | Regular Session | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Meyers-Milias-Brown Act: impasse procedures.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2013-10-13 - Chaptered by Secretary of State - Chapter 785, Statutes of 2013. [AB537 Detail]
Download: California-2013-AB537-Amended.html
Bill Title: Meyers-Milias-Brown Act: impasse procedures.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2013-10-13 - Chaptered by Secretary of State - Chapter 785, Statutes of 2013. [AB537 Detail]
Download: California-2013-AB537-Amended.html
BILL NUMBER: AB 537 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 17, 2013
AMENDED IN ASSEMBLY MARCH 19, 2013
INTRODUCED BY Assembly Member Bonta
FEBRUARY 20, 2013
An act to amend Section Sections 3505,
3505.1, 3505.2 , and 3507 of , and to add
Section 3505.8 to, the Government Code, relating to public
employment.
LEGISLATIVE COUNSEL'S DIGEST
AB 537, as amended, Bonta. Meyers-Milias-Brown Act: impasse
procedures.
The Meyers-Milias-Brown Act requires the governing body of a local
public agency to meet and confer in good faith regarding wages,
hours, and other terms and conditions of employment with
representatives of recognized employee organizations. Under the act,
if the representatives of the public agency and the employee
organization fail to reach an agreement, they may mutually agree on
the appointment of a mediator and equally share the cost.
This bill would instead authorize the representatives of the
public agency or the employee organization, if they fail to reach an
agreement, to request mediation. The bill would require that the
parties agree upon the appointment of a mediator mutually agreeable
to the parties within 5 days of a request by one of the parties.
If the parties fail to agree on the selection of a mediator within 5
days, the bill would provide that either party may request the
appointment of a mediator, as specified. By requiring a higher
level of service by a local public agency, the bill would impose a
state-mandated local program.
The act requires that, in order to meet and confer in good faith,
a public agency meet personally and confer promptly, and continue
for a reasonable period of time, with the employee organization in
order to exchange freely prior to the agency adopting a budget for
the next fiscal year.
This bill would prohibit a public agency from conditioning the
meeting and conferring on a limitation on the right of employees or
an employee organization to communicate with officials of the agency.
The act requires, if an agreement is reached, that the parties
prepare jointly a nonbinding written memorandum of understanding of
the agreement that would then be presented to the governing body or
its statutory representative for determination.
This bill would require that, if an agreement is reached, the
parties would prepare a written memorandum of understanding, which
would be binding upon execution or ratification, as specified.
Under existing law, a written agreement to submit to arbitration a
specified controversy is valid, enforceable, and irrevocable, except
if grounds exist for the revocation of the written agreement.
This bill would additionally provide that an arbitration agreement
contained in a memorandum of understanding entered into under the
Meyers-Milias-Brown Act is enforceable, as specified.
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.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 3505 of the
Government Code is amended to read:
3505. (a) The governing body of a public
agency, or such the boards,
commissions, administrative officers or other representatives as
may be properly designated by law or by
such a governing body, shall meet and confer in
good faith regarding wages, hours, and other terms and conditions of
employment with representatives of such those
recognized employee organizations, as defined in subdivision
(b) of Section 3501, and shall consider fully such presentations as
are made by the employee organization on behalf of its members prior
to arriving at a determination of policy or course of action.
"Meet
(b) "Meet and confer in good
faith" means that a public agency, or such representatives as it may
designate, and representatives of recognized employee organizations,
shall have the mutual obligation personally to meet and confer
promptly upon request by either party and continue for a reasonable
period of time in order to exchange freely information, opinions, and
proposals, and to endeavor to reach agreement on matters within the
scope of representation prior to the adoption by the public agency of
its final budget for the ensuing year. A public agency shall
not propose as a condition of meeting and conferring a limitation on
the right of an employee organization or employees of the agency to
communicate with officials of the agency. The process should
include adequate time for the resolution of impasses where specific
procedures for such resolution are contained in local rule,
regulation, or ordinance, or when such procedures are utilized by
mutual consent.
SEC. 2. Section 3505.1 of the Government
Code is amended to read:
3505.1. If agreement is reached by the authorized
representatives of the public agency and a recognized employee
organization or recognized employee organizations, they shall jointly
prepare a written memorandum of such
understanding, which shall not be binding, and present it to
the governing body or its statutory representative for determination
which shall be binding upon final execution by the
authorized representatives or, if ratification is required by the
recognized employee organization's internal rules, upon
ratification pursuant to those rules .
SECTION 1. SEC. 3. Section 3505.2 of
the Government Code is amended to read:
3505.2. If after a reasonable period of time, representatives of
the public agency and the recognized employee organization fail to
reach agreement, either the public agency or the recognized employee
organization or recognized employee organizations may request
mediation. Within five days of a request by one of the parties, the
parties shall agree upon the appointment of a mediator mutually
agreeable to the parties. If the parties fail to agree on the
selection of a mediator within five days, either party may request
that the board appoint a mediator. The board shall, no later than
five days after receipt of the request, appoint a mediator in
accordance with rules prescribed by the board. Costs of
mediation shall be divided one-half to the public agency and one-half
to the recognized employee organization or recognized employee
organizations.
SEC. 4. Section 3505.8 is added to the
Government Code , to read:
3505.8. An arbitration agreement contained in a memorandum of
understanding entered into under this chapter shall be enforceable in
an action brought pursuant to Title 9 (commencing with Section 1280)
of Part 3 of the Code of Civil Procedure. An assertion that the
arbitration claim is untimely or that the party seeking arbitration
has failed to satisfy the procedural prerequisites to arbitration
shall not be a basis for refusing to submit the dispute to
arbitration. All procedural defenses shall be presented to the
arbitrator for resolution. A court shall not refuse to order
arbitration because a party to the memorandum of understanding
contends that the conduct in question arguably constitutes an unfair
practice subject to the jurisdiction of the board.
SEC. 5. Section 3507 of the Government
Code is amended to read:
3507. (a) A public agency may adopt reasonable rules and
regulations after consultation meeting and
conferring in good faith with representatives of a recognized
employee organization or organizations for the administration of
employer-employee relations under this chapter. An impasse in
these negotiations shall be resolved pursuant to the procedures of
Sections 3505.4 to 3505.7, inclusive.
The
(b) The rules and regulations
described in subdivision (a) may include provisions for
all of the following:
(1) Verifying that an organization does in fact represent
employees of the public agency.
(2) Verifying the official status of employee organization
officers and representatives.
(3) Recognition of employee organizations.
(4) Exclusive recognition of employee organizations formally
recognized pursuant to a vote of the employees of the agency or an
appropriate unit thereof, subject to the right of an employee to
represent himself or herself as provided in Section 3502.
(5) Additional procedures for the resolution of disputes involving
wages, hours and other terms and conditions of employment.
(6) Access of employee organization officers and representatives
to work locations.
(7) Use of official bulletin boards and other means of
communication by employee organizations.
(8) Furnishing nonconfidential information pertaining to
employment relations to employee organizations.
(9) Any other matters that are necessary to carry out the purposes
of this chapter.
(b)
(c) Exclusive recognition of employee organizations
formally recognized as majority representatives pursuant to a vote of
the employees may be revoked by a majority vote of the employees
only after a period of not less than 12 months following the date of
recognition.
(c)
(d) No public agency shall unreasonably withhold
recognition of employee organizations.
(d)
(e) Employees and employee organizations shall be able
to challenge a rule or regulation of a public agency as a violation
of this chapter. This subdivision shall not be construed to restrict
or expand the board's jurisdiction or authority as set forth in
subdivisions (a) to (c), inclusive, of Section 3509.
SEC. 2. SEC. 6. 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.
