BILL NUMBER: AB 553	ENROLLED
	BILL TEXT

	PASSED THE SENATE  AUGUST 30, 2007
	PASSED THE ASSEMBLY  JUNE 5, 2007
	AMENDED IN ASSEMBLY  MAY 8, 2007

INTRODUCED BY   Assembly Member Hernandez

                        FEBRUARY 21, 2007

   An act to amend Section 3509 of the Government Code, relating to
the Public Employment Relations Board.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 553, Hernandez. Public Employment Relations Board.
   The Meyers-Milias-Brown Act delegates jurisdiction to the Public
Employment Relations Board to resolve disputes and enforce the
statutory duties and rights of local public agency employers and
employees. The act prescribes the powers and duties of the board with
regard to, among other things, elections, the processing of unfair
practice charges, and, in connection to an enumerated section of the
Government Code, the authority of the board to petition the court for
appropriate temporary relief or restraining orders.
   This bill would provide that, under the Meyers-Milias-Brown Act,
the Public Employment Relations Board is exclusively authorized to
make a determination whether to seek from a court of competent
jurisdiction injunctive relief involving or growing out of a strike,
work stoppage, or lockout involving an employee organization and a
public agency. The bill would provide that those changes are
declaratory of existing law, as specified.


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

  SECTION 1.  (a) The Legislature finds and declares that by enacting
this act it does not intend to restrict or expand the Public
Employment Relations Board's jurisdiction or authority beyond that
previously authorized by the Legislature.
   (b) It is the intent of the Legislature that the amendments made
to Section 3509 of the Government Code by this act are intended to be
technical and clarifying of existing law.
  SEC. 2.  Section 3509 of the Government Code is amended to read:
   3509.  (a) The powers and duties of the board described in Section
3541.3 shall also apply, as appropriate, to this chapter and shall
include the authority as set forth in subdivisions (b) to (d),
inclusive. Included among the appropriate powers of the board are the
power to order elections, to conduct any election the board orders,
and to adopt rules to apply in areas where a public agency has no
rule.
   (b) A complaint alleging any violation of this chapter or of any
rules and regulations adopted by a public agency pursuant to Section
3507 or 3507.5 shall be processed as an unfair practice charge by the
board. The initial determination as to whether the charge of unfair
practice is justified and, if so, the appropriate remedy necessary to
effectuate the purposes of this chapter, shall be a matter within
the exclusive jurisdiction of the board. The board shall apply and
interpret unfair labor practices consistent with existing judicial
interpretations of this chapter.
   (c) The board shall enforce and apply rules adopted by a public
agency concerning unit determinations, representation, recognition,
and elections.
   (d) The determination whether to seek from a court of competent
jurisdiction injunctive relief involving or growing out of a strike,
work stoppage, or lockout involving an employee organization and a
public agency is within the exclusive jurisdiction of the board.
   (e) Notwithstanding subdivisions (a) to (d), inclusive, the
employee relations commissions established by, and in effect for, the
County of Los Angeles and the City of Los Angeles pursuant to
Section 3507 shall have the power and responsibility to take actions
on recognition, unit determinations, elections, and all unfair
practices, and to issue determinations and orders as the employee
relations commissions deem necessary, consistent with and pursuant to
the policies of this chapter.
   (f) This section shall not apply to employees designated as
management employees under Section 3507.5.
   (g) The board shall not find it an unfair practice for an employee
organization to violate a rule or regulation adopted by a public
agency if that rule or regulation is itself in 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 (d), inclusive.