BILL NUMBER: AB 1281	CHAPTERED  10/13/01

	CHAPTER  790
	FILED WITH SECRETARY OF STATE  OCTOBER 13, 2001
	APPROVED BY GOVERNOR  OCTOBER 12, 2001
	PASSED THE ASSEMBLY  SEPTEMBER 12, 2001
	PASSED THE SENATE  SEPTEMBER 10, 2001
	AMENDED IN SENATE  SEPTEMBER 6, 2001
	AMENDED IN SENATE  JUNE 4, 2001
	AMENDED IN ASSEMBLY  MAY 1, 2001
	AMENDED IN ASSEMBLY  APRIL 26, 2001

INTRODUCED BY   Assembly Member Cedillo

                        FEBRUARY 23, 2001

   An act to amend Section 3507.1 of the Government Code, relating to
public employment.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1281, Cedillo.  Public employees:  representation.
   Under the Meyers-Millias-Brown Act governing local public agency
employment relations, bargaining unit determinations and
representation elections are determined and processed in accordance
with rules adopted by the public agency in accordance with the act.
   This bill would require the public agency to grant exclusive or
majority recognition to an employee organization after a review and
verification by a neutral 3rd party agreed to by the employee
organization and the public agency of a signed petition,
authorization cards, or union membership cards showing that a
majority of the employees in an appropriate bargaining unit desire
the representation, unless another labor organization has previously
been lawfully recognized as exclusive or majority representative of
all or part of the same unit.  The bill would require the Division of
Conciliation of the Department of Industrial Relations to be the
neutral 3rd party and to verify the exclusive or majority status of
the employee organization in the event the public agency and the
employee organization cannot agree on a neutral 3rd party.  The bill
would establish criteria pursuant to which an election to establish
majority status would be ordered.


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


  SECTION 1.  Section 3507.1 of the Government Code is amended to
read:
   3507.1.  (a) Unit determinations and representation elections
shall be determined and processed in accordance with rules adopted by
a public agency in accordance with this chapter.  In a
representation election, a majority of the votes cast by the
employees in the appropriate bargaining unit shall be required.
   (b) Notwithstanding subdivision (a) and rules adopted by a public
agency pursuant to Section 3507, a bargaining unit in effect as of
the effective date of this section shall continue in effect unless
changed under the rules adopted by a public agency pursuant to
Section 3507.
   (c) A public agency shall grant exclusive or majority recognition
to an employee organization based on a signed petition, authorization
cards, or union membership cards showing that a majority of the
employees in an appropriate bargaining unit desire the
representation, unless another labor organization has previously been
lawfully recognized as exclusive or majority representative of all
or part of the same unit.  Exclusive or majority representation shall
be determined by a neutral third party selected by the public agency
and the employee organization who shall review the signed petition,
authorization cards, or union membership cards to verify the
exclusive or majority status of the employee organization.  In the
event the public agency and the employee organization cannot agree on
a neutral third party, the Division of Conciliation of the
Department of Industrial Relations shall be the neutral third party
and shall verify the exclusive or majority status of the employee
organization.  In the event that the neutral third party determines,
based on a signed petition, authorization cards, or union membership
cards, that a second labor organization has the support of at least
30 percent of the employees in the unit in which recognition is
sought, the neutral third party shall order an election to establish
which labor organization, if any, has majority status.