Amended in Senate August 12, 2013

Amended in Senate June 17, 2013

Amended in Assembly April 17, 2013

Amended in Assembly March 19, 2013

California Legislature—2013–14 Regular Session

Assembly BillNo. 537


Introduced by Assembly Member Bonta

February 20, 2013


An act to amend Sections 3505, 3505.1, 3505.2, and 3507 of, and to add Section 3505.8 to, 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 withinbegin delete 5end deletebegin insert 14end insert days of a request by one of the parties. If the parties fail to agree on the selection of a mediator withinbegin delete 5end deletebegin insert 14end insert days, the bill would authorize either party to 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 that a tentative agreement reached by the parties be presented to the governing body for determination and, if not rejected within 30 days, 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.

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:

P3    1

SECTION 1.  

Section 3505 of the Government Code is amended
2to read:

3

3505.  

(a) The governing body of a public agency, or the
4boards, commissions, administrative officers, 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 fullybegin delete suchend deletebegin insert the end insert
10 presentations 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 forbegin delete suchend deletebegin insert theend insert resolution are contained in local rule,
27regulation, or ordinance, or whenbegin delete suchend deletebegin insert theseend insert procedures are utilized
28by mutual consent.

29

SEC. 2.  

Section 3505.1 of the Government Code is amended
30to read:

31

3505.1.  

If a tentative agreement is reached by the authorized
32representatives of the public agency and a recognized employee
33organization or recognized employee organizations, that tentative
34agreement shall be presented to the governing body for
35determination. If the governing body does not reject the tentative
36agreement within 30 days from its presentation, it shall be deemed
37adopted. A decision by the governing body to reject the tentative
38agreement shall not bar the filing of a charge of unfair practice for
P4    1failure to meet and confer in good faith. If the governing body
2adopts the tentative agreement, the parties shall jointly prepare a
3written memorandum of understanding.

4

SEC. 3.  

Section 3505.2 of the Government Code is amended
5to read:

6

3505.2.  

If after a reasonable period of time, representatives of
7the public agency and the recognized employee organization fail
8to reach agreement, either the public agency or the recognized
9employee organization or recognized employee organizations may
10request mediation. Withinbegin delete fiveend deletebegin insert 14end insert days of a request by one of the
11parties, the parties shall agree upon the appointment of a mediator
12mutually agreeable to the parties. If the parties fail to agree on the
13selection of a mediator withinbegin delete fiveend deletebegin insert 14end insert days, either party may request
14that the board appoint a mediator. The board shall, no later than
15begin delete fiveend deletebegin insert 14end insert days after receipt of the request, appoint a mediator in
16accordance with rules prescribed by the board. Costs of mediation
17shall be divided one-half to the public agency and one-half to the
18recognized employee organization or recognized employee
19organizations.

20

SEC. 4.  

Section 3505.8 is added to the Government Code, to
21read:

22

3505.8.  

An arbitration agreement contained in a memorandum
23of understanding entered into under this chapter shall be
24enforceable in an action brought pursuant to Title 9 (commencing
25with Section 1280) of Part 3 of the Code of Civil Procedure. An
26assertion that the arbitration claim is untimely or that the party
27seeking arbitration has failed to satisfy the procedural prerequisites
28to arbitration shall not be a basis for refusing to submit the dispute
29to arbitration. All procedural defenses shall be presented to the
30arbitrator for resolution. A court shall not refuse to order arbitration
31because a party to the memorandum of understanding contends
32that the conduct in question arguably constitutes an unfair practice
33subject to the jurisdiction of the board.

34

SEC. 5.  

Section 3507 of the Government Code is amended to
35read:

36

3507.  

(a) A public agency may adopt reasonable rules and
37regulations after meeting and conferring in good faith with
38representatives of a recognized employee organization or
39organizations for the administration of employer-employee
40relations under this chapter. An impasse in these negotiations shall
P5    1be resolved pursuant to the procedures of Sections 3505.4 to
23505.7, inclusive.

3(b) The rules and regulations described in subdivision (a) may
4include provisions for all of the following:

5(1) Verifying that an organization does in fact represent
6employees of the public agency.

7(2) Verifying the official status of employee organization
8officers and representatives.

9(3) Recognition of employee organizations.

10(4) Exclusive recognition of employee organizations formally
11recognized pursuant to a vote of the employees of the agency or
12an appropriate unit thereof, subject to the right of an employee to
13represent himself or herself as provided in Section 3502.

14(5) Additional procedures for the resolution of disputes involving
15wages, hours, and other terms and conditions of employment.

16(6) Access of employee organization officers and representatives
17to work locations.

18(7) Use of official bulletin boards and other means of
19communication by employee organizations.

20(8) Furnishing nonconfidential information pertaining to
21employment relations to employee organizations.

22(9) Any other matters that are necessary to carry out the purposes
23of this chapter.

24(c) Exclusive recognition of employee organizations formally
25recognized as majority representatives pursuant to a vote of the
26employees may be revoked by a majority vote of the employees
27only after a period of not less than 12 months following the date
28of recognition.

29(d) No public agency shall unreasonably withhold recognition
30of employee organizations.

31(e) Employees and employee organizations shall be able to
32challenge a rule or regulation of a public agency as a violation of
33this chapter. This subdivision shall not be construed to restrict or
34expand the board’s jurisdiction or authority as set forth in
35subdivisions (a) to (c), inclusive, of Section 3509.

36

SEC. 6.  

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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