AB 537, as amended, Bonta. Meyers-Milias-Brown 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. 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 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.begin insert If the parties fail to agree on the selection of a mediator within 5 days, the bill would provide that either party may request the appointment of a mediator, as specified.end insert By requiring a higher level of service by a local public agency, the bill would impose a state-mandated local program.
begin insertThe act requires that, in order to meet and confer in good faith, a public agency meet personally and confer promptly, and continue for a reasonable period of time, with the employee organization in order to exchange freely prior to the agency adopting a budget for the next fiscal year.
end insertbegin insertThis bill would prohibit a public agency from conditioning the meeting and conferring on a limitation on the right of employees or an employee organization to communicate with officials of the agency.
end insertbegin insertThe act requires, if an agreement is reached, that the parties 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 insertbegin insertThis bill would require that, if an agreement is reached, the parties would prepare a written memorandum of understanding, which would be binding upon execution or ratification, as specified.
end insertbegin insertUnder existing law, a written agreement to submit to arbitration a specified controversy is valid, enforceable, and irrevocable, except if grounds exist for the revocation of the written agreement.
end insertbegin insertThis bill would additionally provide that an arbitration agreement contained in a memorandum of understanding entered into under the Meyers-Milias-Brown Act is enforceable, as specified.
end insertThe 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: yes. State-mandated local program: yes.
The people of the State of California do enact as follows:
begin insertSection 3505 of the end insertbegin insertGovernment Codeend insertbegin insert is amended
2to read:end insert
begin insert(a)end insertbegin insert end insert The governing body of a public agency, orbegin delete suchend deletebegin insert theend insert
4 boards, commissions, administrative officers or other
5representatives asbegin delete may beend delete properly designated by law or bybegin delete suchend delete
P3 1begin insert
aend insert governing body, shall meet and confer in good faith regarding
2wages, hours, and other terms and conditions of employment with
3representatives ofbegin delete suchend deletebegin insert thoseend insert recognized employee organizations,
4as defined in subdivision (b) of Section 3501, and shall consider
5fully such presentations as are made by the employee organization
6on behalf of its members prior to arriving at a determination of
7policy or course of action.
8“Meet
end delete
9begin insert(b)end insertbegin insert end insertbegin insert“Meetend insert and confer in
good faith” means that a public agency,
10or such representatives as it may designate, and representatives of
11recognized employee organizations, shall have the mutual
12obligation personally to meet and confer promptly upon request
13by either party and continue for a reasonable period of time in
14order to exchange freely information, opinions, and proposals, and
15to endeavor to reach agreement on matters within the scope of
16representation prior to the adoption by the public agency of its
17final budget for the ensuing year.begin insert A public agency shall not propose
18as a condition of meeting and conferring a limitation on the right
19of an employee organization or employees of the agency to
20communicate with officials of the agency.end insert The process should
21include adequate time for the resolution of impasses where specific
22procedures for such resolution are contained in local rule,
23regulation, or ordinance, or when such
procedures are utilized by
24mutual consent.
begin insertSection 3505.1 of the end insertbegin insertGovernment Codeend insertbegin insert is amended
26to read:end insert
If agreement is reached by thebegin insert authorizedend insert
28 representatives of the public agency and a recognized employee
29organization or recognized employee organizations, they shall
30jointly prepare a written memorandum ofbegin delete suchend delete understanding,
31begin delete which shall not be binding, and present it to the governing body begin insert which shall be
32or its statutory representative for determinationend delete
33binding upon final execution by the authorized representatives or,
34if ratification is required by the
recognized employee
35organization’s internal rules, upon ratification pursuant to those
36rulesend insert.
Section 3505.2 of the Government Code is amended
39to read:
If after a reasonable period of time, representatives of
2the public agency and the recognized employee organization fail
3to reach agreement, either the public agency or the recognized
4employee organization or recognized employee organizations may
5request mediation. Within five days of a request by one of the
6parties, the parties shall agree upon the appointment of a mediator
7mutually agreeable to the parties.begin insert If the parties fail to agree on the
8selection of a mediator within five days, either party may request
9that the board appoint a mediator. The board shall, no later than
10five days after receipt of the request, appoint a mediator in
11accordance with rules prescribed by the board.end insert
Costs of mediation
12shall be divided one-half to the public agency and one-half to the
13recognized employee organization or recognized employee
14organizations.
begin insertSection 3505.8 is added to the end insertbegin insertGovernment Codeend insertbegin insert, to
16read:end insert
An arbitration agreement contained in a memorandum
18of understanding entered into under this chapter shall be
19enforceable in an action brought pursuant to Title 9 (commencing
20with Section 1280) of Part 3 of the Code of Civil Procedure. An
21assertion that the arbitration claim is untimely or that the party
22seeking arbitration has failed to satisfy the procedural prerequisites
23to arbitration shall not be a basis for refusing to submit the dispute
24to arbitration. All procedural defenses shall be presented to the
25arbitrator for resolution. A court shall not refuse to order
26arbitration because a party to the memorandum of understanding
27contends that the conduct in question arguably constitutes an
28unfair practice subject to the jurisdiction of the board.
begin insertSection 3507 of the end insertbegin insertGovernment Codeend insertbegin insert is amended to
30read:end insert
(a) A public agency may adopt reasonable rules and
32regulations afterbegin delete consultationend deletebegin insert meeting and conferringend insert in good faith
33with representatives of a recognized employee organization or
34organizations for the administration of employer-employee
35relations under this chapter.begin insert An impasse in these negotiations shall
36be resolved pursuant to the procedures of Sections 3505.4 to
373505.7, inclusive.end insert
38The
end delete
39begin insert(b)end insertbegin insert end insertbegin insertTheend insert rules and regulationsbegin insert described in subdivision (a)end insert may
40include provisions for all of the following:
P5 1(1) Verifying that an organization does in fact represent
2employees of the public agency.
3(2) Verifying the official status of employee organization
4officers and representatives.
5(3) Recognition of employee organizations.
6(4) Exclusive recognition of employee organizations formally
7recognized pursuant to a vote of the employees of the agency or
8an appropriate unit thereof,
subject to the right of an employee to
9represent himself or herself as provided in Section 3502.
10(5) Additional procedures for the resolution of disputes involving
11wages, hours and other terms and conditions of employment.
12(6) Access of employee organization officers and representatives
13to work locations.
14(7) Use of official bulletin boards and other means of
15communication by employee organizations.
16(8) Furnishing nonconfidential information pertaining to
17employment relations to employee organizations.
18(9) Any other matters that are necessary to carry out the purposes
19of this chapter.
20(b)
end delete
21begin insert(c)end insert Exclusive recognition of employee organizations formally
22recognized as majority representatives pursuant to a vote of the
23employees may be revoked by a majority vote of the employees
24only after a period of not less than 12 months following the date
25of recognition.
26(c)
end delete
27begin insert(d)end insert No public agency shall unreasonably withhold recognition
28of employee organizations.
29(d)
end delete
30begin insert(e)end insert Employees and employee organizations shall be able to
31challenge a rule or regulation of a public agency as a violation of
32this chapter. This subdivision shall not be construed to restrict or
33expand the board’s jurisdiction or authority as set forth in
34subdivisions (a) to (c), inclusive, of Section 3509.
If the Commission on State Mandates determines that
37this act contains costs mandated by the state, reimbursement to
38local agencies and school districts for those costs shall be made
P6 1pursuant to Part 7 (commencing with Section 17500) of Division
24 of Title 2 of the Government Code.
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