Amended in Assembly April 17, 2013

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 begin delete Section end delete begin insert Sections 3505, 3505.1, end insert 3505.2 begin insert , and 3507 end insert of begin insert , and to add Section 3505.8 to, end insert the Government Code, relating to public employment.

LEGISLATIVE COUNSEL’S DIGEST

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.

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The 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 insert begin insert

This 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.

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The 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.

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This 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.

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Under 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.

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This 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.

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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: yes. State-mandated local program: yes.

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

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begin insert SECTION 1. end insert   

end insert

begin insert Section 3505 of the end insert begin insert Government Code end insert begin insert is amended
to read: end insert

3505.  

begin insert (a) end insert begin insert   end insert The governing body of a public agency, or begin delete such end delete begin insert the end insert
boards, commissions, administrative officers or other
representatives as begin delete may be end delete properly designated by law or by begin delete such end delete
begin insert a end insert governing body, shall meet and confer in good faith regarding
wages, hours, and other terms and conditions of employment with
representatives of begin delete such end delete begin insert those end insert recognized employee organizations,
as defined in subdivision (b) of Section 3501, and shall consider
fully such presentations as are made by the employee organization
on behalf of its members prior to arriving at a determination of
policy or course of action.

begin delete

“Meet

end delete

begin insert (b) end insert begin insert   end insert begin insert “Meet end insert and confer in good faith” means that a public agency,
or such representatives as it may designate, and representatives of
recognized employee organizations, shall have the mutual
obligation personally to meet and confer promptly upon request
by either party and continue for a reasonable period of time in
order to exchange freely information, opinions, and proposals, and
to endeavor to reach agreement on matters within the scope of
representation prior to the adoption by the public agency of its
final budget for the ensuing year. begin insert A public agency shall not propose
as a condition of meeting and conferring a limitation on the right
of an employee organization or employees of the agency to
communicate with officials of the agency. end insert The process should
include adequate time for the resolution of impasses where specific
procedures for such resolution are contained in local rule,
regulation, or ordinance, or when such procedures are utilized by
mutual consent.

begin insert

begin insert SEC. 2. end insert   

end insert

begin insert Section 3505.1 of the end insert begin insert Government Code end insert begin insert is amended
to read: end insert

3505.1.  

If agreement is reached by the begin insert authorized end insert
representatives of the public agency and a recognized employee
organization or recognized employee organizations, they shall
jointly prepare a written memorandum of begin delete such end delete understanding,
begin delete which shall not be binding, and present it to the governing body
or its statutory representative for determination end delete begin insert which shall be
binding upon final execution by the authorized representatives or,
if ratification is required by the recognized employee
organization’s internal rules, upon ratification pursuant to those
rules end insert .

begin delete SECTION 1. end delete
begin insert SEC. 3. end insert   

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 or the recognized
employee organization or recognized employee organizations 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. begin insert If the parties fail to agree on the
selection of a mediator within five days, either party may request
that the board appoint a mediator. The board shall, no later than
five days after receipt of the request, appoint a mediator in
accordance with rules prescribed by the board. end insert Costs of mediation
shall be divided one-half to the public agency and one-half to the
recognized employee organization or recognized employee
organizations.

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begin insert SEC. 4. end insert   

end insert

begin insert Section 3505.8 is added to the end insert begin insert Government Code end insert begin insert , to
read: end insert

begin insert

begin insert 3505.8. end insert   

An arbitration agreement contained in a memorandum
of understanding entered into under this chapter shall be
enforceable in an action brought pursuant to Title 9 (commencing
with Section 1280) of Part 3 of the Code of Civil Procedure. An
assertion that the arbitration claim is untimely or that the party
seeking arbitration has failed to satisfy the procedural prerequisites
to arbitration shall not be a basis for refusing to submit the dispute
to arbitration. All procedural defenses shall be presented to the
arbitrator for resolution. A court shall not refuse to order
arbitration because a party to the memorandum of understanding
contends that the conduct in question arguably constitutes an
unfair practice subject to the jurisdiction of the board.

end insert

begin insert

begin insert SEC. 5. end insert   

end insert

begin insert Section 3507 of the end insert begin insert Government Code end insert begin insert is amended to
read: end insert

3507.  

(a) A public agency may adopt reasonable rules and
regulations after begin delete consultation end delete begin insert meeting and conferring end insert in good faith
with representatives of a recognized employee organization or
organizations for the administration of employer-employee
relations under this chapter. begin insert An impasse in these negotiations shall
be resolved pursuant to the procedures of Sections 3505.4 to
3505.7, inclusive. end insert

begin delete

The

end delete

begin insert (b) end insert begin insert   end insert begin insert The end insert rules and regulations begin insert described in subdivision (a) end insert may
include provisions for all of the following:

(1) Verifying that an organization does in fact represent
employees of the public agency.

(2) Verifying the official status of employee organization
officers and representatives.

(3) Recognition of employee organizations.

(4) Exclusive recognition of employee organizations formally
recognized pursuant to a vote of the employees of the agency or
an appropriate unit thereof, subject to the right of an employee to
represent himself or herself as provided in Section 3502.

(5) Additional procedures for the resolution of disputes involving
wages, hours and other terms and conditions of employment.

(6) Access of employee organization officers and representatives
to work locations.

(7) Use of official bulletin boards and other means of
communication by employee organizations.

(8) Furnishing nonconfidential information pertaining to
employment relations to employee organizations.

(9) Any other matters that are necessary to carry out the purposes
of this chapter.

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(b)

end delete

begin insert (c) end insert  Exclusive recognition of employee organizations formally
recognized as majority representatives pursuant to a vote of the
employees may be revoked by a majority vote of the employees
only after a period of not less than 12 months following the date
of recognition.

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(c)

end delete

begin insert (d) end insert  No public agency shall unreasonably withhold recognition
of employee organizations.

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(d)

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begin insert (e) end insert  Employees and employee organizations shall be able to
challenge a rule or regulation of a public agency as a violation of
this chapter. This subdivision shall not be construed to restrict or
expand the board’s jurisdiction or authority as set forth in
subdivisions (a) to (c), inclusive, of Section 3509.

begin delete SEC. 2. end delete
begin insert SEC. 6. end 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.