BILL ANALYSIS                                                                                                                                                                                                    Ó




                   Senate Appropriations Committee Fiscal Summary
                            Senator Kevin de León, Chair


          AB 616 (Bocanegra) - Local Public Employees
          
          Amended: June 17, 2013          Policy Vote: PE&R 3-2
          Urgency: No                     Mandate: No
          Hearing Date: August 30, 2013                           
          Consultant: Maureen Ortiz       
          
          SUSPENSE FILE.
          
          
          Bill Summary:  AB 616 amends the Meyers-Milias-Brown Act  
          relating to bargaining impasse and fact finding procedures  
          between local agencies and their respective employee  
          representation organizations.

          Fiscal Impact: 
          
              Approximately $50,000 in one-time costs for rulemaking, and  
              $200,000 annual ongoing costs to review and process impasse  
              determinations (General)

          The Public Employment Relations Board (PERB) will incur costs  
          for making impasse determinations and will need to promulgate  
          new regulations for those procedures.  PERB will also need to  
          amend existing regulations with respect to extending the  
          timeframe for either party to declare an impasse.  The $200,000  
          estimate results from the need for 2.25 PYs consisting of one  
          Attorney, one administrative assistant, and a partial (.25)  
          Attorney III to process, investigate, and dispose of 150 to 200  
          impasse determinations per year, and to handle any associated  
          litigation.
          
          Background:  Existing law 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.  The  
          Meyers-Milias-Brown Act provides a statutory framework for local  
          government employer-employee relations by providing a reasonable  
          method of resolving disputes.  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.








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          Existing law also 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 is 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.  If a  
          factfinding panel is convened, each party selects one member and  
          the PERB selects a chairperson.  The factfinding panel is  
          required to meet with the parties, either jointly or separately,  
          within10 days and may make inquiries, investigations, and hold  
          hearings in order to arrive at its findings and recommendations.

          Employers may implement a last, best, and final offer once any  
          applicable mediation and factfinding procedures have been  
          exhausted.  Employees retain the right to meet and confer each  
          year with the employer despite the implementation of the best  
          and final offer.

          Additionally, existing law delegates jurisdiction over the  
          public employer-employee relationship to PERB and charges PERB  
          with resolving disputes and enforcing the statutory duties and  
          rights of local public agency employers and employee  
          organizations.  However, the City and County of Los Angeles is  
          provided a local alternative to PERB oversight through the City  
          of Los Angeles Employee Relations Board and the County of Los  
          Angeles Employee Relations Commission. 

          Proposed Law:  AB 616 contains the following provisions:

          a)  Requires that when an employee organization requests that a  
          public agency submit the parties' differences to a factfinding  
          panel, that request must be made in writing.

          b)  Provides that if either party disputes that a genuine  
          impasse has been reached, the issue as to whether an impasse  
          exists may be submitted to PERB for resolution, and requires  
          PERB to notify the parties within five working days if it  
          determines that an impasse existed as of the date of written  
          notice of the declaration of the impasse.








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          c)   Maintains the existing rights of the County of Los Angeles  
          and the City of Los Angeles to amend its employee relations  
          commissions' rules and regulations providing for impasse  
          resolution procedures.

          d)  Defines "impasse" to mean that the parties to a dispute over  
          a matter within the scope of representation have reached a point  
          in meeting and negotiating at which their differences in  
          position is so substantial or prolonged that future meetings  
          would be futile.

          Related Legislation:  AB 537 (Bonta), pending in this committee,  
          makes numerous other changes to the Meyers-Milias-Brown Act  
          relating to impasse procedures.

          Staff Comments:  Under the provisions of AB 616, PERB will be  
          required to make impasse determinations before a matter can be  
          referred to a fact finding panel similar to that which PERB  
          currently makes under the Educational Employment Relations Act  
          (EERA).   PERB must make a determination and notify the parties  
          within 5 days after receipt of the request.  Although the number  
          of requests that will be received annually is not known, last  
          year PERB received approximately 200 requests to make impasse  
          determinations under the EERA.