BILL ANALYSIS Ó
------------------------------------------------------------
|SENATE RULES COMMITTEE | SB 857|
|Office of Senate Floor Analyses | |
|1020 N Street, Suite 524 | |
|(916) 651-1520 Fax: (916) | |
|327-4478 | |
------------------------------------------------------------
THIRD READING
Bill No: SB 857
Author: Lieu (D)
Amended: 4/25/11
Vote: 21
SENATE JUDICIARY COMMITTEE : 3-2, 05/10/11
AYES: Evans, Corbett, Leno
NOES: Harman, Blakeslee
SUBJECT : Civil damages
SOURCE : University of California Employees
American Federation of State, County and
Municipal
Employees Local 3299, AFL-CIO
DIGEST : This bill prohibits an employer's recovery of
damages resulting from expenses incurred in anticipation
of, or in preparation for, an employee strike.
Accordingly, this bill overturns the ruling in California
Nurses Association v. Regents of the University of
California (2010) PERB (Public Employment Relations Board)
Decision No. 2094-H.
ANALYSIS : Existing law, the Meyers-Milias-Brown Act of
1968 (MMBA), permits local governments, including cities,
counties, and special districts, to establish
administrative procedures for employee representation and
collective bargaining agreements. (Gov. Code Sec. 3500 et
seq.) Existing law permits the PERB to resolve labor
CONTINUED
SB 857
Page
2
disputes under the Meyers-Milias-Brown Act of 1968 (MMBA)
and provides PERB with exclusive jurisdiction over a
complaint alleging any violation of the MMBA. (Gov. Code
Sec. 3509.) PERB's jurisdiction over the MMBA excludes
peace officers, management employees and the City and
County of Los Angeles. (Gov. Code Sec. 3541 et seq.)
Existing law, the Educational Employment Relations Act of
1976 (EERA), provides for collective bargaining in
California's public schools (K-12) and community colleges.
(Gov. Code Sec. 3540 et seq.) Existing law permits the
PERB to resolve labor disputes under the EERA. (Gov. Code
Sec. 3541.)
Existing law, the State Employer-Employee Relations Act of
1978, known as the Ralph C. Dills Act (Dills Act), provides
for collective bargaining for state government employees.
(Gov. Code Sec. 3512 et seq.) PERB has the same authority
to enforce the Dills Act as it does under the EERA. (Gov.
Code Sec. 3514(h).)
Existing law, the Higher Education Employer-Employee
Relations Act of 1979 (HEERA), provides for collective
bargaining for employees of the California State University
System, the University of California System, and Hastings
College of Law. (Gov. Code Sec. 3560 et seq.) Existing
law permits PERB to resolve labor disputes under the HEERA
and provides PERB with exclusive jurisdiction over a
complaint alleging any violation of the HEERA. (Gov. Code
Secs. 3563 and 3563.2.)
Existing law, the Trial Court Employment Protection and
Governance Act and the Trial Court Interpreter Employment
and Labor Relations Act, provide for collective bargaining
for trial court employees and court interpreters. (Gov.
Code Secs. 71600 and 71800.) Existing law provides PERB
with the same authority to enforce these Acts as it does
under HEERA and provides PERB with exclusive jurisdiction
over a complaint alleging any violation of these Acts.
(Gov. Code Secs. 71639.1 and 71825.)
This bill prohibits recovery of damages resulting from
expenses incurred by an employer in anticipation of, or in
preparation for, an unlawful strike.
CONTINUED
SB 857
Page
3
This bill defines "unlawful strike" to mean any strike that
has been determined unlawful by PERB.
FISCAL EFFECT : Appropriation: No Fiscal Com.: No
Local: No
SUPPORT : (Verified 5/11/11)
University of California Employees (co-source)
American Federation of State, County and Municipal
Employees Local
3299, AFL-CIO (co-source)
California Labor Federation, ALF-CIO
California Nurses Association
ARGUMENTS IN SUPPORT : According to the author's office:
In February of 2010, PERB was hearing an unfair labor
practice case between the University of California
system and the California Nurses Association. Largely
made up of Schwarzenegger appointees, the Board
created out of whole-cloth a right which had
previously not existed: strike damages due to the
threat of a strike. ÝEmphasis in original.]
In response to this, both the Assembly and Senate
Chairs at the time challenged the right of PERB to
levy strike damages in this case; PERB was ultimately
unresponsive. To date, appellate courts have declined
to hear the appeal on the PERB decision as well. The
author and the sponsor believe that this decision is a
derivation from the traditional scope of PERB's powers
and rights, and therefore requires a legislative
response.
The University of California Employees, American Federation
of State, County and Municipal Employees Local 3299,
AFL-CIO, writes:
This bill is necessary to protect the right of public
employees to strike. ?SB 857 would protect unions from
union-busting tactics. Specifically, it would protect
them from having an injunction filed by the employer
CONTINUED
SB 857
Page
4
with ÝPERB] after notice is given of a strike,
followed by the employer claiming exorbitant damages
for a strike that never took place. The restrictions
put in place by SB 857 would prevent this from
happening.
The California Nurses Association (CNA), a supporter of
this bill and plaintiff in the case at issue, writes:
CNA strongly supports ÝSB] 857 because of our
contentious labor relations with the UC ÝUniversity of
California] since having a 2005 strike enjoined and
the fact that the UC has spent over $3.5 million on a
notorious union-busting law firm? Ýwhich] is being
used in efforts to strip workers of fundamental rights
and/or to shackle unions with costly and
time-consuming litigation when workers exercise these
rights. In 2005, UC nurses planned to strike over
UC's failure to bargain in good faith over CNA's
proposals for safe staffing to provide and protect
patient care in the UC Medical Centers?. Later that
year the contract was settled. Nevertheless, UC
pursued charges against CNA, and have claimed $9
million in damages.
RJG:nl 5/11/11 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
**** END ****
CONTINUED