BILL NUMBER: AB 1550 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MARCH 19, 2014
INTRODUCED BY Assembly Member Rendon
JANUARY 27, 2014
An act to add Section amend Section 3548
of, and to add Sections 3548.9 and 3549.5 to , the
Government Code, relating to school employees.
LEGISLATIVE COUNSEL'S DIGEST
AB 1550, as amended, Rendon. School employees: collective
bargaining.
Existing
(1) Existing law permits public
school employees to form, join, and participate in the activities of
employee organizations of their own choosing for the purpose of
representation on all matters of employer-employee relations, as
specified. Existing law permits an employee organization to become
the exclusive representative of an appropriate unit for purposes of
meeting and negotiating with a public school employer, as specified.
Existing law requires authorizes either a
public school employer or the exclusive representative to declare
that an impasse has been reached between the parties in negotiations
over matters within the scope of representation and to request the
Public Employment Relations Board to appoint a mediator for the
purpose of assisting them, as specified. If the board determines that
an impasse exists, existing law requires it to appoint a mediator in
accordance with such rules as it shall prescribe within 5 working
days after the receipt of a request.
This bill would instead, if the board determines that an impasse
exists, require it to appoint a mediator in accordance with such
rules as it shall prescribe within 10 working days after the receipt
of a request.
(2) Existing law authorizes either a public school employer or the
exclusive representative to request that their differences be
submitted to a factfinding panel by written notification to the other
if the mediator is unable to effect settlement of the controversy
within 15 days after his or her appointment and the mediator declares
that factfinding is appropriate to the resolution of the impasse.
Existing law requires the factfinding panel to meet with the parties
or their representatives, as specified, and requires the panel to
make findings of fact and recommend terms of settlement, which
recommendations shall be advisory only, if the dispute is not settled
within 30 days after the appointment of the panel, or, upon
agreement by both parties, within a longer period.
This bill would require the public school employer to provide the
exclusive representative with written notice of all terms included in
the last, best, and final offer of the public school employer if the
dispute is not settled within 30 days after the recommendations of
the panel, or, upon agreement by both parties, within a longer
period. The bill would also require the public school employer to
provide written notice to the exclusive representative of the date
certain for implementation of terms included in the last, best, and
final offer of the public school employer at least 30 days before
that implementation.
(3) Existing law requires the
provisions related to collective bargaining for public school
employees to not be construed as prohibiting a public school employer
from making the final decision with regard to specified matters,
including, among other things, matters related to the scope of
representation, as defined, and the causes and procedures for
disciplinary action other than dismissal.
This bill would prohibit a public school employer from
unilaterally adding language to, deleting language from, or otherwise
implementing terms and conditions of employment inconsistent with, a
negotiated agreement with an exclusive representative, and would, if
language in a negotiated agreement is illegal, require the public
school employer and the exclusive representative to meet and
negotiate any change to the negotiated agreement to remedy the
illegal language. By requiring a public school employer to meet and
negotiate with the exclusive representative, the bill would impose a
state-mandated local program.
The
(4) 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:
SECTION 1. Section 3548 of the
Government Code is amended to read:
3548. (a) Either a public school employer
or the exclusive representative may declare that an impasse has been
reached between the parties in negotiations over matters within the
scope of representation and may request the board to appoint a
mediator for the purpose of assisting them in reconciling their
differences and resolving the controversy on terms which are mutually
acceptable. If the board determines that an impasse exists, it
shall, in no event later than five 10
working days after the receipt of a request, appoint a mediator in
accordance with such rules as it shall prescribe. The mediator shall
meet forthwith with the parties or their representatives, either
jointly or separately, and shall take such other steps as he or
she may deem appropriate in order to persuade the parties to
resolve their differences and effect a mutually acceptable agreement.
The services of the mediator, including any per diem fees, and
actual and necessary travel and subsistence expenses, shall be
provided by the board without cost to the parties. Nothing
in this
(b) This section shall not
be construed to prevent the parties from mutually agreeing upon
their own mediation procedure and in the event of such agreement,
the board shall not appoint its own mediator, unless failure to do so
would be inconsistent with the policies of this chapter. If the
parties agree upon their own mediation procedure, the cost of the
services of any appointed mediator, unless appointed by the board,
including any per diem fees, and actual and necessary travel and
subsistence expenses, shall be borne equally by the parties.
SEC. 2. Section 3548.9 is added to the
Government Code , to read:
3548.9. (a) If a dispute is not settled within 30 days after the
recommendations of a factfinding panel pursuant to Section 3548.3 or,
upon agreement by both parties, within a longer period, the public
school employer shall provide the exclusive representative with
written notice of all terms included in the last, best, and final
offer of the public school employer.
(b) At least 30 days before implementation, the public school
employer shall provide the exclusive representative with written
notice of the date certain for implementation of the terms included
in the last, best, and final offer of the public school employer.
SECTION 1. SEC. 3. Section 3549.5 is
added to the Government Code, to read:
3549.5. (a) Notwithstanding any other law, a public school
employer shall not unilaterally add language to, delete language
from, or otherwise implement terms and conditions of employment
inconsistent with, a negotiated agreement with an exclusive
representative.
(b) If language in a negotiated agreement with an exclusive
representative is illegal, the public school employer and the
exclusive representative shall meet and negotiate any change to the
negotiated agreement to remedy the illegal language.
SEC. 2. SEC. 4. 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.