Amended in Assembly March 19, 2013

California Legislature—2013–14 Regular Session

Assembly Bill No. 537

Introduced by Assembly Member Bonta

February 20, 2013

An act to amend Section begin delete 3505.1 end delete begin insert 3505.2 end insert of the Government Code, relating to public employment.

LEGISLATIVE COUNSEL’S DIGEST

AB 537, as amended, Bonta. Meyers-Milias-Brown begin delete Act. end delete begin insert Act: impasse procedures. end insert

The Meyers-Milias-Brown Act requires the governing body of a local public agency to meet and confer in good faith regarding wages, hours, and other terms and conditions of employment with representatives of recognized employee organizations. begin delete The act provides that if agreement is reached, the parties shall prepare jointly a nonbinding written memorandum of understanding of the agreement that would then be presented to the governing body or its statutory representative for determination. end delete begin insert Under the act, if the representatives of the public agency and the employee organization fail to reach an agreement, they may mutually agree on the appointment of a mediator and equally share the cost. end insert

This bill would begin delete make a technical, nonsubstantive change to those provisions end delete begin insert instead authorize the representatives of the public agency or the employee organization, if they fail to reach an agreement, to request mediation. The bill would require that the parties agree upon the appointment of a mediator mutually agreeable to the parties within 5 days of a request by one of the parties. By requiring a higher level of service by a local public agency, the bill would impose a state-mandated local program end insert .

begin insert

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

end insert begin insert

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.

end insert

Vote: majority. Appropriation: no. Fiscal committee:  begin delete no end delete begin insert yes end insert . State-mandated local program:  begin delete no end delete begin insert yes end insert .

The people of the State of California do enact as follows:

begin insert

begin insert SECTION 1. end insert   

end insert

begin insert Section 3505.2 of the end insert begin insert Government Code end insert begin insert is
amended to read: end insert

3505.2.  

If after a reasonable period of time, representatives of
the public agency and the recognized employee organization fail
to reach agreement, begin insert either end insert the public agency begin delete and end delete begin insert or end insert the recognized
employee organization or recognized employee organizations
begin delete together end delete may begin insert request mediation. Within five days of a request by
one of the parties, the parties shall end insert agree upon the appointment of
a mediator mutually agreeable to the parties. Costs of mediation
shall be divided one-half to the public agency and one-half to the
recognized employee organization or recognized employee
organizations.

begin insert

begin insert SEC. 2. end insert   

end insert begin insert

If the Commission on State Mandates determines that
this act contains costs mandated by the state, reimbursement to
local agencies and school districts for those costs shall be made
pursuant to Part 7 (commencing with Section 17500) of Division
4 of Title 2 of the Government Code.

end insert

begin delete

SECTION 1.  

Section 3505.1 of the Government Code is
amended to read:

3505.1.  

If agreement is reached by the representatives of the
public agency and a recognized employee organization or
recognized employee organizations, they shall jointly prepare a
written memorandum of the understanding, which shall not be
binding, and present it to the governing body or its statutory
representative for determination.

end delete