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.