BILL ANALYSIS Ó
SENATE PUBLIC EMPLOYMENT & RETIREMENT BILL NO: AB 616
Jim Beall, Chair HEARING DATE: June 24, 2013
AB 616 (Bocanegra) as amended 6/17/13 FISCAL: YES
LOCAL GOVERNMENT COLLECTIVE BARGAINING: FACTFINDING
HISTORY :
Sponsor: Author
Other legislation:AB 537 (Bonta) 2013
Currently in Senate PE&R Committee
AB 1181 (Gray) 2013
Currently in Senate PE&R Committee
AB 1606 (Perea),
Chapter 314, Statutes of 2012
AB 646 (Atkins),
Chapter 680, Statutes of 2011
ASSEMBLY VOTES :
PER & SS 5-2 4/24/13
Appropriations 12-5 5/24/13
Assembly Floor 53-25 5/28/13
SUMMARY :
AB 616 clarifies that an employee organization may request,
in writing, that a local public employer submit the parties
difference to factfinding under the Meyers-Milas-Brown Act
(MMBA) within 30 days of reaching an impasse in collective
bargaining negotiations that have not been submitted to
mediation.
The bill also authorizes either party to refer a dispute as
to whether the parties have reached impasse to the Public
Employment Relations Board (PERB); defines impasse, as
specified; and exempts the Los Angeles County and City
Employee Relations Committees from these provisions.
BACKGROUND AND ANALYSIS :
Glenn A. Miles
Date: June 24, 2013 Page
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1) Existing law :
a) establishes the Meyers-Milias-Brown Act (MMBA), which
provides a statutory framework for local government
employer-employee relations by providing a reasonable
method of resolving disputes regarding wages, hours, and
other terms and conditions of employment between local
public employers and public employee organizations.
b) under MMBA, authorizes local public agencies to adopt
reasonable rules and regulations after consultation in
good faith with representatives of an employee
organization or organizations.
c) provides that if, after a reasonable amount of time,
representatives of the public agency and the employee
organization fail to reach agreement, the two parties may
mutually agree on the appointment of a mediator and
equally share the cost.
d) creates a statutory framework and process for
factfinding defining the duties and rights of the
parties.
e) authorizes an employee organization to 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 of a mediator or entering into
a mediation process. 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 either party
provided the other with written notice of a declaration
of impasse.
f) allows an employer to implement its last, best, and
final offer once any applicable mediation and factfinding
procedures have been exhausted. A recognized employee
organization retains the right to meet and confer each
year with the employer despite the implementation of the
best and final offer.
g) delegates jurisdiction over the public
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employer-employee relationship to the Public Employment
Relations Board (PERB) and charges PERB with resolving
disputes and enforcing the statutory duties and rights of
local public agency employers and employee organizations
but provides the City and County of Los Angeles a local
alternative to PERB oversight.
h) grants the City of Los Angeles Employee Relations Board
(ERB) and the County of Los Angeles Employee Relations
Commission (ERCOM) authority to decide labor relation
issues such as union recognition, unit determinations,
elections, and unfair labor practices for their
respective public employees.
2) This bill : makes changes to the Meyers-Milas-Brown Act
(MMBA) with respect to impasse procedures and factfinding.
Specifically, this bill:
a) provides that, where the dispute has not been submitted
to mediation, an employee organization may request, in
writing , that the public agency submit the parties'
differences 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.
b) provides that if either party disputes that a genuine
impasse has been reached, it may submit that dispute to
PERB for resolution. If PERB determines that a genuine
impasse exists, the parties' differences are subject to
the remainder of the factfinding procedures of the MMBA.
c) defines "impasse" for purposes of these provisions to
mean that the parties to a dispute over a matter within
the scope of collective bargaining have reached a point
that future meetings to resolve the issue would be
futile.
d) allows the employee relations commissions for the
County and City of Los Angeles to maintain and amend
existing impasse rules and regulations as they deem
necessary consistent with the policies contained in the
MMBA.
Glenn A. Miles
Date: June 24, 2013 Page
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FISCAL :
According to the Assembly Appropriations Committee, AB 616
would result in a fiscal impact of approximately $250,000 for
increased staffing for PERB and an undetermined amount to
reimburse state mandated local costs. "The amount would
depend on the number of requests for impasse. Reimbursable
costs could be in the millions of dollars. The Commission on
State Mandates has approved a test claim for any local
government subject to the jurisdiction of PERB that incurs
increased costs as a result of a mandate, meaning their costs
are eligible for reimbursement. There are several thousand
local governments, many with dozens of bargaining units that
would be subject to the bill."
COMMENTS :
1)Argument in Support :
According to the Coalition of California Utility Employees,
"?when a public employer and a public employee organization
reach an impasse in collective bargaining and the dispute has
not been submitted to voluntary mediation, the 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. PERB has
interpreted this provision, in its regulations and its
administrative rulings, to require the employee organization
to make this request within 30 days of a declaration of
impasse, without regard to whether the employer and union
have in fact reached a genuine impasse in the negotiations.
This loophole could allow a public employer to evade its duty
to bargain in good faith by declaring impasse prematurely or
in bad faith."
2)Argument in Opposition :
The California State Association of Counties (CSAC) states
that AB 616 "will delay the conclusion of contract
negotiations, putting county budgets at risk". CSAC also
argues that "creating a new process for determining whether
impasse has been reached, rather than allowing local rules to
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dictate, adds costs to both PERB and counties."
3)SUPPORT :
Coalition of California Utility Employees
International Brotherhood of Electrical Workers (IBEW)
4)OPPOSITION :
Association of California Water Agencies (ACWA)
Butte County Board of Supervisors
California State Association of Counties (CSAC)
Contra Costa County Board of Supervisors
County of Sutter
Humboldt County Board of Supervisors
League of California Cities
Orange County Board of Supervisors
Placer County Board of Supervisors
Rural County Representatives of California (RCRC)
Urban Counties Caucus (UCC)
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Glenn A. Miles
Date: June 24, 2013 Page
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