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. If the parties fail to agree on the selection of a
mediator within 5 days, the bill wouldbegin delete provide thatend deletebegin insert authorizeend insert either partybegin delete mayend deletebegin insert toend insert request the appointment of a mediator, as specified. By requiring a higher level of service by a local public agency, the bill would impose a state-mandated local program.
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.
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.
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.
This bill would require thatbegin delete, 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 deletebegin insert a tentative agreement reached by the parties be presented to the governing body for
determination and, if not rejected within 30 days,end insertbegin insert be deemed adopted. This bill would not bar the filing of a charge for failure to meet and confer in good faith if the governing body rejects the tentative agreement. The bill would further require the parties to jointly prepare a written memorandum of understanding upon adoption of the tentative agreement by the governing body.end insert
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.
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.
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:
Section 3505 of the Government Code is amended
2to read:
(a) The governing body of a public agency, or the
4boards, commissions, administrative officersbegin insert,end insert or other
5representatives as properly designated by law or by
a governing
6body, shall meet and confer in good faith regarding wages, hours,
7and other terms and conditions of employment with representatives
8of those recognized employee organizations, as defined in
9subdivision (b) of Section 3501, and shall consider fully such
10presentations as are made by the employee organization on behalf
11of its members prior to arriving at a determination of policy or
12course of action.
13(b) “Meet and confer in good faith” means that a public agency,
14or such representatives as it may designate, and representatives of
15recognized employee organizations, shall have the mutual
16obligation personally to meet and confer promptly upon request
17by either party and continue for a reasonable period of time in
18order to exchange freely information, opinions, and proposals, and
19to endeavor to reach agreement on matters
within the scope of
20representation prior to the adoption by the public agency of its
21final budget for the ensuing year. A public agency shall not propose
22as a condition of meeting and conferring a limitation on the right
23of an employee organization or employees of the agency to
24communicate with officials of the agency. The process should
25include adequate time for the resolution of impasses where specific
26procedures for such resolution are contained in local rule,
27regulation, or ordinance, or when such procedures are utilized by
28mutual consent.
Section 3505.1 of the Government Code is amended
30to read:
If agreement is reached by the authorized
32representatives of the public agency and a recognized employee
33organization or recognized employee organizations, they shall
34jointly prepare a written memorandum of understanding, which
35shall be binding upon final execution by the authorized
36representatives or, if ratification is required by the
recognized
37employee organization’s internal rules, upon ratification pursuant
38to those rules.
begin insertSection 3505.1 of the end insertbegin insertGovernment Codeend insertbegin insert is amended
2to read:end insert
Ifbegin insert a tentativeend insert agreement is reached by thebegin insert authorizedend insert
4 representatives of the public agency and a recognized employee
5organization or recognized employee organizations,begin delete they shall begin insert that tentative agreement
6jointly prepare a written memorandum of such understanding,
7which shall not be binding, and present itend delete
8shall be presentedend insert
to the governing bodybegin delete or its statutory for determination.begin insert If the governing body does not
9representativeend delete
10reject the tentative agreement within 30 days from its presentation,
11it shall be deemed adopted. A decision by the governing body to
12reject the tentative agreement shall not bar the filing of a charge
13of unfair practice for failure to meet and confer in good faith. If
14the governing body adopts the tentative agreement, the parties
15shall jointly prepare a written memorandum of understanding. end insert
Section 3505.2 of the Government Code is amended
17to read:
If after a reasonable period of time, representatives of
19the public agency and the recognized employee organization fail
20to reach agreement, either the public agency or the recognized
21employee organization or recognized employee organizations may
22request mediation. Within five days of a request by one of the
23parties, the parties shall agree upon the appointment of a mediator
24mutually agreeable to the parties. If the parties fail to agree on the
25selection of a mediator within five days, either party may request
26that the board appoint a mediator. The board shall, no later than
27five days after receipt of the request, appoint a mediator in
28accordance with rules prescribed by the board. Costs of mediation
29shall be divided one-half
to the public agency and one-half to the
30recognized employee organization or recognized employee
31 organizations.
Section 3505.8 is added to the Government Code, to
33read:
An arbitration agreement contained in a memorandum
35of understanding entered into under this chapter shall be
36enforceable in an action brought pursuant to Title 9 (commencing
37with Section 1280) of Part 3 of the Code of Civil Procedure. An
38assertion that the arbitration claim is untimely or that the party
39seeking arbitration has failed to satisfy the procedural prerequisites
40to arbitration shall not be a basis for refusing to submit the dispute
P5 1to arbitration. All procedural defenses shall be presented to the
2arbitrator for resolution. A court shall not refuse to order arbitration
3because a party to the memorandum of understanding contends
4that the conduct in question arguably constitutes an unfair practice
5subject to the jurisdiction of the
board.
Section 3507 of the Government Code is amended to
7read:
(a) A public agency may adopt reasonable rules and
9regulations after meeting and conferring in good faith with
10representatives of a recognized employee organization or
11organizations for the administration of employer-employee
12relations under this chapter. An impasse in these negotiations shall
13be resolved pursuant to the procedures of Sections 3505.4 to
143505.7, inclusive.
15(b) The rules and regulations described in subdivision (a) may
16include provisions for all of the following:
17(1) Verifying that an organization does in fact represent
18employees of the public agency.
19(2) Verifying the official status of employee organization
20officers and representatives.
21(3) Recognition of employee organizations.
22(4) Exclusive recognition of employee organizations formally
23recognized pursuant to a vote of the employees of the agency or
24an appropriate unit thereof, subject to the right of an employee to
25represent himself or herself as provided in Section 3502.
26(5) Additional procedures for the resolution of disputes involving
27wages, hoursbegin insert,end insert and other terms and conditions of employment.
28(6) Access
of employee organization officers and representatives
29to work locations.
30(7) Use of official bulletin boards and other means of
31communication by employee organizations.
32(8) Furnishing nonconfidential information pertaining to
33employment relations to employee organizations.
34(9) Any other matters that are necessary to carry out the purposes
35of this chapter.
36(c) Exclusive recognition of employee organizations formally
37recognized as majority representatives pursuant to a vote of the
38employees may be revoked by a majority vote of the employees
39only after a period of not less than 12 months following the date
40of recognition.
P6 1(d) No public agency shall unreasonably withhold recognition
2of employee organizations.
3(e) Employees and employee organizations shall be able to
4challenge a rule or regulation of a public agency as a violation of
5this chapter. This subdivision shall not be construed to restrict or
6expand the board’s jurisdiction or authority as set forth in
7subdivisions (a) to (c), inclusive, of Section 3509.
If the Commission on State Mandates determines that
9this act contains costs mandated by the state, reimbursement to
10local agencies and school districts for those costs shall be made
11pursuant to Part 7 (commencing with Section 17500) of Division
124 of Title 2 of the Government Code.
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