BILL NUMBER: AB 537	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MARCH 19, 2013

INTRODUCED BY   Assembly Member Bonta

                        FEBRUARY 20, 2013

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


	LEGISLATIVE COUNSEL'S DIGEST


   AB 537, as amended, Bonta. Meyers-Milias-Brown  Act.
  Act: impasse procedures. 
   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.  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.   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. 
   This bill would  make a technical, nonsubstantive change
to those provisions   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  . 
   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.  
   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. 
   Vote: majority. Appropriation: no. Fiscal committee:  no
  yes  . State-mandated local program:  no
  yes  .


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

   SECTION 1.    Section 3505.2 of the  
Government Code   is amended to read: 
   3505.2.  If after a reasonable period of time, representatives of
the public agency and the recognized employee organization fail to
reach agreement,  either  the public agency  and
  or  the recognized employee organization or
recognized employee organizations  together  may
 request mediation. Within five days of a request by one of the
parties, the parties shall  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.
   SEC. 2.    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.  
  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.