BILL NUMBER: AB 2419 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MARCH 12, 2014
INTRODUCED BY Assembly Member Garcia
FEBRUARY 21, 2014
An act to amend Section 3502.5 of the Governemnt
Government Code, relating to public employee
relations.
LEGISLATIVE COUNSEL'S DIGEST
AB 2419, as amended, Garcia. Public employee relations: agency
shop arrangements.
Existing law, the Meyers-Milias-Brown Act, regulates labor
relations between employees and management of local public agencies.
Existing law permits an agency shop agreement to be negotiated
between a public agency and a recognized public employee organization
that has been recognized as the exclusive or majority bargaining
agent and defines an agency shop as an arrangement that requires an
employee, as a condition of continued employment, to join the
recognized employee organization or to pay the organization a service
fee, as specified. Existing law permits an agency shop arrangement
to be implemented without negotiation upon submission of a prescribed
petition and a specified vote of the employees. Existing law
prohibits an agency shop arrangement from applying to management
employees. Existing law grants the
employee relations commissions in the County of Los Angeles and the
City of Los Angeles the authority to take certain actions that would
otherwise be the responsibility of the Public Employment Relations
Board.
This bill would delete the prohibition in the
Meyers-Milias-Brown Act on authorize the
inclusion of management employees in an agency shop arrangement
in the County of Los Angeles and the City of Los Angeles .
This bill would make legislative findings and declarations as to
the necessity of a special statute for the County of Los Angeles and
the City of Los Angeles.
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 3502.5 of the Government Code is amended to
read:
3502.5. (a) Notwithstanding Section 3502, any other provision of
this chapter, or any other law, rule, or regulation, an agency shop
agreement may be negotiated between a public agency and a recognized
public employee organization that has been recognized as the
exclusive or majority bargaining agent pursuant to reasonable rules
and regulations, ordinances, and enactments, in accordance with this
chapter. As used in this chapter, "agency shop" means an arrangement
that requires an employee, as a condition of continued employment,
either to join the recognized employee organization or to pay the
organization a service fee in an amount not to exceed the standard
initiation fee, periodic dues, and general assessments of the
organization.
(b) In addition to the procedure prescribed in subdivision (a), an
agency shop arrangement between the public agency and a recognized
employee organization that has been recognized as the exclusive or
majority bargaining agent shall be placed in effect, without a
negotiated agreement, upon (1) a signed petition of 30 percent of the
employees in the applicable bargaining unit requesting an agency
shop agreement and an election to implement an agency fee
arrangement, and (2) the approval of a majority of employees who cast
ballots and vote in a secret ballot election in favor of the agency
shop agreement. The petition may be filed only after the recognized
employee organization has requested the public agency to negotiate on
an agency shop arrangement and, beginning seven working days after
the public agency received this request, the two parties have had 30
calendar days to attempt good faith negotiations in an effort to
reach agreement. An election that may not be held more frequently
than once a year shall be conducted by the California State Mediation
and Conciliation Service in the event that the public agency and the
recognized employee organization cannot agree within 10 days from
the filing of the petition to select jointly a neutral person or
entity to conduct the election. In the event of an agency fee
arrangement outside of an agreement that is in effect, the recognized
employee organization shall indemnify and hold the public agency
harmless against any liability arising from a claim, demand, or other
action relating to the public agency's compliance with the agency
fee obligation.
(c) An employee who is a member of a bona fide religion, body, or
sect that has historically held conscientious objections to joining
or financially supporting public employee organizations shall not be
required to join or financially support a public employee
organization as a condition of employment. The employee may be
required, in lieu of periodic dues, initiation fees, or agency shop
fees, to pay sums equal to the dues, initiation fees, or agency shop
fees to a nonreligious, nonlabor charitable fund exempt from taxation
under Section 501(c)(3) of the Internal Revenue Code, chosen by the
employee from a list of at least three of these funds, designated in
a memorandum of understanding between the public agency and the
public employee organization, or if the memorandum of understanding
fails to designate the funds, then to a fund of that type chosen by
the employee. Proof of the payments shall be made on a monthly basis
to the public agency as a condition of continued exemption from the
requirement of financial support to the public employee organization.
(d) An agency shop provision in a memorandum of understanding that
is in effect may be rescinded by a majority vote of all the
employees in the unit covered by the memorandum of understanding,
provided that: (1) a request for that type of vote is supported by a
petition containing the signatures of at least 30 percent of the
employees in the unit, (2) the vote is by secret ballot, and (3) the
vote may be taken at any time during the term of the memorandum of
understanding, but in no event shall there be more than one vote
taken during that term. Notwithstanding the above, the public agency
and the recognized employee organization may negotiate, and by mutual
agreement provide for, an alternative procedure or procedures
regarding a vote on an agency shop agreement. The procedures in this
subdivision are also applicable to an agency shop agreement placed in
effect pursuant to subdivision (b).
(e) (1) Except as provided in paragraph (2), an agency shop
arrangement shall not apply to management employees.
(2) In the County of Los Angeles and the City of Los Angeles, an
agency shop arrangement may apply to management employees.
(e)
(f) A recognized employee organization that has agreed
to an agency shop provision or is a party to an agency shop
arrangement shall keep an adequate itemized record of its financial
transactions and shall make available annually, to the public agency
with which the agency shop provision was negotiated, and to the
employees who are members of the organization, within 60 days after
the end of its fiscal year, a detailed written financial report
thereof in the form of a balance sheet and an operating statement,
certified as to accuracy by its president and treasurer or
corresponding principal officer, or by a certified public accountant.
An employee organization required to file financial reports under
the federal Labor-Management Reporting and Disclosure Act of 1959 (29
U.S.C. Sec. 401 et seq.) covering employees governed by this
chapter, or required to file financial reports under Section 3546.5,
may satisfy the financial reporting requirement of this section by
providing the public agency with a copy of the financial reports.
SEC. 2. The Legislature finds and declares that a
special law is necessary and that a general law cannot be made
applicable within the meaning of Section 16 of Article IV of the
California Constitution because of the complexity of economic issues
facing large public entities in the County of Los Angeles and the
City of Los Angeles and the effect of the authority provided to the
County of Los Angeles and the City of Los Angeles in Section 3509 of
the Government Code.