BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | AB 1606|
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THIRD READING
Bill No: AB 1606
Author: Perea (D), et al.
Amended: 5/17/12 in Senate
Vote: 21
SENATE PUBLIC EMPLOYMENT & RETIRE. COMM. : 3-2, 5/7/12
AYES: Negrete McLeod, Padilla, Vargas
NOES: Walters, Gaines
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
ASSEMBLY FLOOR : 46-24, 4/23/12 - See last page for vote
SUBJECT : Local public employee organizations: impasse
procedures
SOURCE : American Federation of State, County and
Municipal Employees
California Professional Firefighters
Peace Officers Research Association of
California
Service Employees International Union
DIGEST : This bill authorizes the employee organization
to request that the parties' differences be submitted to a
factfinding panel not sooner than 30 days or more than 45
days following the appointment or selection of a mediator
pursuant to the parties' agreement to mediate or a
mediation process required by a public agency's local
rules. This bill also authorizes an employee organization,
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if the dispute was not submitted to mediation, to request
that the parties' differences be submitted to a factfinding
panel not later than 30 days following the date that either
party provided the other with a written notice of a
declaration of impasse. Lastly, it specifies that its
provisions are intended to be technical and clarifying of
existing law.
ANALYSIS : According to the author, ambiguity in the
drafting of AB 646 (Atkins), Chapter 680, Statutes of 2011,
has called into question whether an employer can forgo all
impasse procedures, including mediation and fact-finding.
Several local governments argue that AB 646 does not
require fact-finding if the parties do not engage in
mediation. The author notes that the Public Employment
Relations Board (PERB) adopted emergency regulations to
implement AB 646 and the regulations provide if the parties
opt to mediate, a fact-finding request can be filed not
sooner than 30 days, but not more than 45 days, following
the appointment or selection of a mediator. The
regulations also provide in cases where a dispute is not
submitted to a mediator, the request for fact-finding must
occur within 30 days.
However, the author argues that whether AB 646 requires
that mediation is a necessary precondition to request
fact-finding remains unresolved. The author states that AB
1606 clarifies that fact-finding is available to employee
organizations in all situations, regardless of whether the
employer and employee have engaged in mediation.
Background
In December 2011, PERB adopted emergency regulations
allowing fact-finding to be requested in all circumstances,
because the board found it to be the most efficient way to
implement the entirety of AB 646 and accurately reflect the
intent of the Legislature. The Office of Administrative
Law approved the emergency regulatory action, effective on
January 1, 2012.
During the PERB rulemaking process, it became apparent that
AB 646 was drafted in a manner that called into question
whether mediation was a precondition to an employee
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organization's ability to request fact-finding. The
emergency regulations allow employee organizations to
request fact-finding, regardless if mediation has occurred.
PERB adopted this interpretation for the regulations to
eliminate any uncertainty for employees and employers about
when fact-finding could be requested.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
SUPPORT : (Verified 5/21/12)
American Federation of State, County and Municipal
Employees (co-source)
California Professional Firefighters (co-source)
Peace Officers Research Association of California
(co-source)
Service Employees International Union (co-source)
California Labor Federation
California Teachers Association
Laborers' Local 777 & 792
OPPOSITION : (Verified 5/21/12)
Orange County Board of Supervisors
ARGUMENTS IN SUPPORT : Supporters state that during the
PERB rulemaking process, it became apparent that AB 646 was
drafted in a manner that called into question whether
mediation was a precondition to an employee organization's
ability to request fact-finding. Supporters conclude that
numerous employers and employee organizations provided
public comments on the issue and the majority of interested
parties, both employer and labor representatives, urged a
reading of AB 646 that provides for a fact-finding request
whether mediation occurs or not.
ARGUMENTS IN OPPOSITION : Orange County states, "While it
is indicated that this bill is intended to be technical and
clarifying of existing law, the language states that the
panel shall consider different items when reaching their
decision. It is believed these factors take more and more
discretion away from the Board (i.e., the financial ability
of the public agency, consumer price index, etc.) and puts
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it into the hands of the fact finding panel. While it is
not mentioned in the bill's text, the decision of the fact
finding panel will be made public so it could also have
political implications."
ASSEMBLY FLOOR : 46-24, 4/23/12
AYES: Alejo, Allen, Ammiano, Atkins, Beall, Block,
Blumenfield, Bonilla, Bradford, Buchanan, Butler, Campos,
Carter, Chesbro, Dickinson, Eng, Feuer, Fong, Fuentes,
Galgiani, Gatto, Gordon, Hall, Hayashi, Roger Hernández,
Hill, Huber, Hueso, Huffman, Lara, Bonnie Lowenthal, Ma,
Mendoza, Mitchell, Monning, Pan, Perea, V. Manuel Pérez,
Portantino, Skinner, Solorio, Swanson, Torres,
Wieckowski, Williams, John A. Pérez
NOES: Achadjian, Bill Berryhill, Conway, Donnelly, Beth
Gaines, Garrick, Gorell, Grove, Hagman, Halderman,
Harkey, Jeffries, Jones, Knight, Logue, Mansoor, Miller,
Morrell, Nielsen, Norby, Olsen, Silva, Valadao, Wagner
NO VOTE RECORDED: Brownley, Charles Calderon, Cedillo,
Cook, Davis, Fletcher, Furutani, Nestande, Smyth, Yamada
DLW:m:n 11/13/12 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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