California Legislature—2013–14 Regular Session

Assembly Bill No. 616

Introduced by Assembly Member Bocanegra

February 20, 2013

An act to amend Section 3505.4 of the Government Code, relating to local public employee organizations.

LEGISLATIVE COUNSEL’S DIGEST

AB 616, as introduced, Bocanegra. Local public employee organizations: dispute: factfinding panel.

Existing law requires the governing body of a public agency, or such boards, commissions, administrative officers, or other representatives as may be properly designated by law or by such governing body, to meet and confer in good faith regarding wages, hours, and other terms and conditions of employment with representatives of recognized employee organizations. Existing law provides that an employee organization may request that the parties’ differences be submitted to a factfinding panel, as specified.

This bill would make nonsubstantive changes to that provision.

Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

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

SECTION 1.  

Section 3505.4 of the Government Code is
amended to read:

3505.4.  

(a) The employee organization may request that the
parties’ differences be submitted to a factfinding panel not sooner
than 30 days, but not more than 45 days, following the appointment
or selection of a mediator pursuant to the parties’ agreement to
mediate or a mediation process required by a public agency’s local
rules. If the dispute was not submitted to mediation, an employee
organization may request that the parties’ differences be submitted
to a factfinding panel not later than 30 days following the date that
either party provided the other with a written notice of a declaration
of impasse. Within five days after receipt of the written request,
each party shall select a person to serve as its member of the
factfinding panel. The Public Employment Relations Board shall,
within five days after the selection of panel members by the parties,
select a chairperson of the factfinding panel.

(b) Within five days after the board selects a chairperson of the
factfinding panel, the parties may mutually agree upon a person
to serve as chairperson in lieu of the person selected by the board.

(c) The panel shall, within 10 days after its appointment, meet
with the parties or their representatives, either jointly or separately,
and may make inquiries and investigations, hold hearings, and
take any other steps it deems appropriate. For the purpose of the
hearings, investigations, and inquiries, the panel shall have the
power to issue subpoenas requiring the attendance and testimony
of witnesses and the production of evidence. Any state agency, as
defined in Section 11000, the California State University, or any
political subdivision of the state, including any board of education,
shall furnish the panel, upon its request, with all records, papers,
and information in begin delete their end delete begin insert its end insert possession relating to any matter under
investigation by or in issue before the panel.

(d) In arriving at their findings and recommendations, the
factfinders shall consider, weigh, and be guided by all the following
criteria:

(1) State and federal laws that are applicable to the employer.

(2) Local rules, regulations, or ordinances.

(3) Stipulations of the parties.

(4) The interests and welfare of the public and the financial
ability of the public agency.

(5) Comparison of the wages, hours, and conditions of
employment of the employees involved in the factfinding
proceeding with the wages, hours, and conditions of employment
of other employees performing similar services in comparable
public agencies.

(6) The consumer price index for goods and services, commonly
known as the cost of living.

(7) The overall compensation presently received by the
employees, including direct wage compensation, vacations,
holidays, and other excused time, insurance and pensions, medical
and hospitalization benefits, the continuity and stability of
employment, and all other benefits received.

(8) Any other facts, not confined to those specified in paragraphs
(1) to (7), inclusive, begin delete which end delete begin insert that end insert are normally or traditionally taken
into consideration in making the findings and recommendations.

(e) The procedural right of an employee organization to request
a factfinding panel cannot be expressly or voluntarily waived.