California Legislature—2013–14 Regular Session

Assembly Bill No. 2126

Introduced by Assembly Member Bonta

February 20, 2014

An act to amend Section 3505.2 of the Government Code, relating to public employment.

LEGISLATIVE COUNSEL’S DIGEST

AB 2126, as introduced, Bonta. Meyers-Milias-Brown Act: mediation.

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 a recognized employee organization. The act requires, if a tentative agreement is reached and the governing body adopts the tentative agreement, that the parties prepare jointly a non binding written memorandum of understanding of the agreement. Under existing law, if representatives of the public employee agency and the recognized employee organization fail to reach agreement, the parties may agree together upon the appointment of a mutually agreeable mediator.

This bill instead would permit either party to request mediation and would require the parties to agree upon a mediator. If the parties cannot agree upon a mediator, the bill would authorize either party to request the board to mappoint a mediation. The bill would require the board to appoint a mediator within 5 days after receipt of the party’s request, as prescribed.

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

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

SECTION 1.  

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, begin insert either end insert the public agency begin delete and end delete begin insert or end insert the recognized
employee organization or recognized employee organizations
begin delete together may agree upon the appointment of a mediator mutually
agreeable to the parties. end delete begin insert may request mediation. Within five days
of a request by one of the parties, both of the parties shall agree
upon the appointment of a mediator mutually agreeable to the
parties. If the parties fail to agree upon the selection of a mediator
within five days, either party may request that the board appoint
a mediator. No later than five days after the receipt of either
party’s request, the board shall appoint a mediator in accordance
with the rules prescribed by the board. end insert Costs of mediation shall
be divided one-half to the public agency and one-half to the
recognized employee organization or recognized employee
organizations.