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 SENATE SEPTEMBER 6, 2013 AMENDED IN SENATE SEPTEMBER 3, 2013 AMENDED IN SENATE AUGUST 12, 2013 AMENDED IN SENATE JUNE 17, 2013 AMENDED IN ASSEMBLY APRIL 17, 2013 AMENDED IN ASSEMBLY MARCH 19, 2013 INTRODUCED BY Assembly Member Bonta FEBRUARY 20, 2013 An act to amendSections 3505 andSection 3505.1 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 organization. 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 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 organization. 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 requirethatthat, if a tentative agreement is reached by theparties be presented toparties, the governing bodyfor determination and, if not rejectedvote to accept or reject that agreement within 30days, be deemed adopted. Thisdays of the date it is first considered, as specified. The bill would not bar the filing of a charge for failure to meet and confer in good faith if the governing body rejects the tentative agreement. The bill would further require the parties to jointly prepare a written memorandum of understanding upon adoption of the tentative agreement by the governing body. 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. Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no. 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 the boards, commissions, administrative officers, or other representatives as properly designated by law or by a governing body, shall meet and confer in good faith regarding wages, hours, and other terms and conditions of employment with representatives of those recognized employee organizations, as defined in subdivision (b) of Section 3501, and shall consider fully the 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. (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 the resolution are contained in local rule, regulation, or ordinance, or when these procedures are utilized by mutual consent.SEC. 2.SECTION 1. Section 3505.1 of the Government Code is amended to read: 3505.1. If a tentative agreement is reached by the authorized representatives of the public agency and a recognized employee organization or recognized employee organizations,that tentative agreement shall be presented tothe governing bodyfor determination. If the governing body does notshall vote to accept or reject the tentative agreement within 30 daysfrom its presentation, it shall be deemed adoptedof the date it is first considered at a duly noticed public meeting . A decision by the governing body to reject the tentative agreement shall not bar the filing of a charge of unfair practice for failure to meet and confer in good faith. If the governing body adopts the tentative agreement, the parties shall jointly prepare a written memorandum of understanding.SEC. 3.SEC. 2. 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 orthatotherwise barred because 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. If a party to a memorandum of understanding files an unfair practice charge based on such conduct, the board shall place the charge in abeyance if the dispute is subject to final and binding arbitration pursuant to the memorandum of understanding, and shall dismiss the charge at the conclusion of the arbitration process unless the charging party demonstrates that the settlement or arbitration award is repugnant to the purposes of this chapter.