Amended in Assembly March 26, 2014

California Legislature—2013–14 Regular Session

Assembly Bill No. 2126

Introduced by Assembly Member Bonta

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(Principal coauthor: Senator Beall)

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February 20, 2014

An act to amend begin delete Section 3505.2 end delete begin insert Sections 3505.2 and 3505.4 end insert of the Government Code, relating to public employment.

LEGISLATIVE COUNSEL’S DIGEST

AB 2126, as amended, 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 begin delete mappoint a mediation end delete begin insert appoint a mediator end insert . The bill would require the board to appoint a mediator within 5 days after receipt of the party’s request, as prescribed.

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The Meyers-Milias-Brown Act requires the Public Employment Relations Board to determine in disputed cases whether a particular item is within or without the scope of representation. Existing law requires the governing body of a local public agency, or those boards, commissions, administrative officers, or other representatives as may be properly designated by law or by a 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 authorizes an employee organization to request that the parties’ differences be submitted to a factfinding panel not sooner than 30 days or 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. Existing law authorizes an employee organization, if the dispute was not submitted to a mediation, to 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. Existing law prohibits an employee organization’s procedural right to request a factfinding panel from being waived expressly or voluntarily.

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This bill would authorize differences under these provisions to include those differences that arise from any dispute over any matter within the scope of representation as to which an obligation to meet and confer exists, and are not limited to negotiations after impasse after collective bargaining for a new or successor memorandum of understanding. The bill would limit the criteria that the factfinders would be required to consider to those criteria that the factfinders deem relevant to the dispute. The bill would authorize an employee organization to voluntarily waive the right to request a factfinding panel, in writing. The bill would include legislative findings and declarations that certain of these amendments are clarifying and declaratory of existing law.

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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, either the public agency or the recognized
employee organization or recognized employee organizations 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. Costs of mediation shall be divided one-half to the public
agency and one-half to the recognized employee organization or
recognized employee organizations.

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begin insert SEC. 2. end insert   

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begin insert Section 3505.4 of the end insert begin insert Government Code end insert begin insert is amended
to read: end insert

3505.4.  

(a)  begin insert (1) end insert begin insert   end insert 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.

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(2) For purposes of paragraph (1), differences between the
parties that are subject to a request by the employee organization
for submission to a factfinding panel may include differences that
arise from any dispute over any matter within the scope of
representation as to which an obligation to meet and confer exists
under Section 3505 and are not limited to negotiations after
impasse after collective bargaining for a new or successor
memorandum of understanding.

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(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 their 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 begin insert that the factfinders deem to be relevant to the dispute end insert :

(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 begin delete facts end delete begin insert factors end insert , not confined to those specified in
paragraphs (1) to (7), inclusive, which 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 begin delete cannot be expressly or voluntarily waived end delete begin insert may
be voluntarily waived, in writing, by the organization end insert .

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begin insert SEC. 3. end insert   

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begin insert The Legislature finds and declares that the amendments
made by this act to subdivisions (a) and (d) of Section 3505.4 of
the Government Code are clarifying and declaratory of existing
law. end insert