BILL NUMBER: AB 537 AMENDED
BILL TEXT
AMENDED IN SENATE SEPTEMBER 3, 2013
AMENDED IN SENATE AUGUST 12, 2013
AMENDED IN SENATE JUNE 17, 2013
AMENDED IN ASSEMBLY APRIL 17, 2013
AMENDED IN ASSEMBLY MARCH 19, 2013
INTRODUCED BY Assembly Member Bonta
FEBRUARY 20, 2013
An act to amend Sections 3505, 3505.1, 3505.2, and 3507
3505 and 3505.1 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 within 14 days of a request by one of the parties. If
the parties fail to agree on the selection of a mediator within 14
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 organization. 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
no . State-mandated local program: yes
no .
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 3505 of the Government Code is amended to read:
3505. (a) The governing body of a public agency, or the boards,
commissions, administrative officers, or other representatives as
properly designated by law or by a governing body, shall meet and
confer in good faith regarding wages, hours, and other terms and
conditions of employment with representatives of those recognized
employee organizations, as defined in subdivision (b) of Section
3501, and shall consider fully the 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.
(b) "Meet 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. 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.
The process should include adequate time for the resolution of
impasses where specific procedures for the resolution are contained
in local rule, regulation, or ordinance, or when these procedures are
utilized by mutual consent.
SEC. 2. Section 3505.1 of the Government Code is amended to read:
3505.1. If a tentative agreement is reached by the authorized
representatives of the public agency and a recognized employee
organization or recognized employee organizations, that tentative
agreement shall be presented to the governing body for determination.
If the governing body does not reject the tentative agreement within
30 days from its presentation, it shall be deemed adopted. A
decision by the governing body to reject the tentative agreement
shall not bar the filing of a charge of unfair practice for failure
to meet and confer in good faith. If the governing body adopts the
tentative agreement, the parties shall jointly prepare a written
memorandum of understanding.
SEC. 3. 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 14 days of a request by one of the parties, the
parties shall agree upon the appointment of a mediator mutually
agreeable to the parties. If the parties fail to agree on the
selection of a mediator within 14 days, either party may request that
the board appoint a mediator. The board shall, no later than 14 days
after receipt of the request, appoint a mediator in accordance with
rules prescribed by the board. 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. 4. SEC. 3. Section 3505.8 is
added to the Government Code, to read:
3505.8. 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.
SEC. 5. Section 3507 of the Government Code is
amended to read:
3507. (a) A public agency may adopt reasonable rules and
regulations after meeting and conferring in good faith with
representatives of a recognized employee organization or
organizations for the administration of employer-employee relations
under this chapter. An impasse in these negotiations shall be
resolved pursuant to the procedures of Sections 3505.4 to 3505.7,
inclusive.
(b) The rules and regulations described in subdivision (a) 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.
(c) 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.
(d) No public agency shall unreasonably withhold recognition of
employee organizations.
(e) 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.
SEC. 6. 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.