Bill Text: CA AB537 | 2013-2014 | Regular Session | Chaptered

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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-Chaptered.html

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BILL NUMBER: AB 537	CHAPTERED
	BILL TEXT

	CHAPTER  785
	FILED WITH SECRETARY OF STATE  OCTOBER 13, 2013
	APPROVED BY GOVERNOR  OCTOBER 13, 2013
	PASSED THE SENATE  SEPTEMBER 11, 2013
	PASSED THE ASSEMBLY  SEPTEMBER 12, 2013
	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 amend Section 3505.1 of, and to add Section 3505.8 to,
the Government Code, relating to public employment.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 537, 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 a 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 require that, if a tentative agreement is reached
by the parties, the governing body vote to accept or reject that
agreement within 30 days 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.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  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, the governing body
shall vote to accept or reject the tentative agreement within 30
days of 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. 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 or otherwise 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.