BILL NUMBER: SB 402	AMENDED
	BILL TEXT

	AMENDED IN SENATE   MAY 28, 1999
	AMENDED IN SENATE   MAY 18, 1999
	AMENDED IN SENATE   APRIL 20, 1999
	AMENDED IN SENATE   APRIL 8, 1999

INTRODUCED BY   Senator Burton and Assembly Member Villaraigosa
   (Principal coauthors:  Senators Baca, Karnette, and Ortiz)
   (Principal coauthors:  Assembly Members Shelley and Wiggins)
   (Coauthors:  Senators Dunn, Escutia, Figueroa, Hayden, 
and Perata)   Perata, and Solis) 
   (Coauthors:  Assembly Members Aroner  , Cardoza  ,
Firebaugh, Havice, Keeley, Knox, Kuehl, Machado, Mazzoni, Pescetti,
Romero, Scott, Thomson, and Washington)

                        FEBRUARY 12, 1999

   An act to add Section 1281.1 to, and to add Title 9.5 (commencing
with Section 1299) to Part 3 of, the Code of Civil Procedure,
relating to public employment relations.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 402, as amended, Burton.  Employer-employee relations:  law
enforcement officers and firefighters.
   Existing law provides that employees of the fire departments and
fire services of the state, counties, cities, cities and counties,
districts, and other political subdivisions of the state have the
right to self-organization, to form, join, or assist labor
organizations, and to present grievances and recommendations
regarding wages, salaries, hours, and working conditions to the
governing body, but do not have the right to strike or to recognize a
picket line of a labor organization while in the course of the
performance of their official duties.
   This bill would provide that if an impasse has been declared after
the representatives of an employer and firefighters or law
enforcement officers have exhausted their mutual efforts to reach
agreement over wages, hours, and other terms and conditions of
employment, if the parties are unable to agree to the appointment of
a mediator, or if a mediator is unable to effect settlement of a
dispute between the parties, the employee organization may request,
by written notification to the employer, that their differences be
submitted to an arbitration panel.  Each party would designate one
member of the panel, and those members would designate the
chairperson of the panel pursuant to specified procedures.
   The arbitration panel would meet with the parties within 10 days
after its establishment or any additional periods to which the
parties agree, and make inquiries and investigations, hold hearings,
and take any other action, including further mediation, that the
panel deems appropriate.  Five days prior to the commencement of the
arbitration panel's hearings, each of the parties would be required
to submit a last best offer of settlement on the disputed issues as a
package.  The panel would decide the disputed issues by selecting
the last best offer package that most nearly complies with specified
factors.  There would then be a waiting period of 5 days prior to
public disclosure, or a longer period if agreed to, during which the
parties could mutually amend the decision.  At the end of that
period, the arbitration panel's decision, as amended by the parties,
would be disclosed, and would be binding upon the parties.   By
requiring local agencies to utilize arbitration to reach agreement on
terms and conditions of employment, this bill would impose a
state-mandated local program.  
   This bill would authorize a local agency to make its provisions
inapplicable to that local agency by obtaining voter approval of an
ordinance making the bill inapplicable.
   This bill would provide that it shall become operative on January
1, 2001.  
  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, including the creation of a State Mandates Claims Fund
to pay the costs of mandates that do not exceed $1,000,000 statewide
and other procedures for claims whose statewide costs exceed
$1,000,000.
   This bill would provide that no reimbursement shall be made from
the State Mandates Claims Fund for costs mandated by the state
pursuant to this act, but would recognize that local agencies and
school districts may pursue any available remedies to seek
reimbursement for these costs. 
   Vote:  majority.  Appropriation:  no.  Fiscal committee:  yes.
State-mandated local program:   no   yes  .


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 1281.1 is added to the Code of Civil Procedure,
to read:
   1281.1.  For the purposes of this article, any request to
arbitrate made pursuant to subdivision (a) of Section 1299.4 shall be
considered as made pursuant to a written agreement to submit a
controversy to arbitration.
  SEC. 2.  Title 9.5 (commencing with Section 1299) is added to Part
3 of the Code of Civil Procedure, to read:

      TITLE 9.5.  ARBITRATION OF FIREFIGHTER AND LAW ENFORCEMENT
OFFICER LABOR DISPUTES

   1299.  The Legislature hereby finds and declares that strikes
taken by firefighters and law enforcement officers against 
private and  public employers are a matter of statewide
concern, are a predictable consequence of labor strife and poor
morale that is often the outgrowth of substandard wages and adverse
working conditions, and are not in the public interest.  The
Legislature further finds and declares that the dispute resolution
procedures contained in this title provide the appropriate method for
resolving  private or  public sector labor disputes
that would otherwise lead to strikes by firefighters or law
enforcement officers.  
   The Legislature recognizes that strikes by firefighters and law
enforcement officers against their private employers, including but
not limited to aerospace, ambulance, chemical processing, hazardous
materials response, oil recovery and refining, prison, railroad,
security service, and other industries that employ those firefighters
and law enforcement officers, threatens the health and welfare of
the public in a manner analogous to strikes by firefighters and law
enforcement officers against their governmental employers. 
   It is the intent of the Legislature to protect the health and
welfare of the public by providing impasse remedies necessary to
afford  private and  public employers the
opportunity to safely alleviate the effects of labor strife that
would otherwise lead to strikes by firefighters and law enforcement
officers.  It is further the intent of the Legislature that, in order
to effectuate its predominant purpose, this title be construed to
apply broadly to all  private and  public employers,
including, but not limited to, charter cities, counties, and cities
and counties in this state.
   It is not the intent of the Legislature to alter the scope of
issues subject to collective bargaining between  private or
 public employers and employee organizations representing
firefighters or law enforcement officers.
   The provisions of this title are intended by the Legislature to
govern the resolution of impasses reached in collective bargaining
between  private or  public employers and employee
organizations representing firefighters and law enforcement officers
over issues that remain in dispute over their respective interests.
However, the provisions of this title are not intended by the
Legislature to be used as a procedure to determine the rights of any
firefighter or law enforcement officer in any grievance initiated as
a result of a disciplinary action taken by any  private or
 public employer.  The Legislature further intends that this
title shall not be construed to apply to any community-oriented
policing policy or to any process employed by an employer to impose
discipline against any firefighter or law enforcement officer, nor to
contravene any provision of a charter that governs an employer that
is a city, county, or city and county, which provision prescribes a
procedure for the imposition of any disciplinary action taken against
a firefighter or law enforcement officer.
   1299.2.  This title shall apply to all employers of firefighters
and law enforcement officers.
   1299.3.  As used in this title:
   (a) "Employee" means any firefighter or law enforcement officer
represented by an employee organization defined in subdivision (b).
   (b) "Employee organization" means any organization recognized by
the employer for the purpose of representing firefighters or law
enforcement officers in matters relating to wages, hours, and other
terms and conditions of employment.
   (c) "Employer" means the state or any local agency  , a
person, firm, partnership, corporation, limited liability company,
association, or any entity acting as an agent of an employer, either
directly or indirectly.   employing employees, as
defined in subdivision (a), or any entity acting as an agent of the
state or local agency, either directly or indirectly. 
   (d) "Firefighter" means any person who is employed to perform
firefighting, fire prevention, fire training, hazardous materials
response, emergency medical services, fire or arson investigation, or
any related duties, without respect to the rank, job title, or job
assignment of that person.
   (e) "Law enforcement officer" means any person who  may
exercise the powers of arrest, have the authority and responsibility
for maintaining custody of prisoners, or who otherwise may exercise
police powers on behalf of his or her employer   is a
peace officer as defined in Chapter 4.5 (commencing with Section 830)
of Title 3 of Part 2 of the Penal Code  , without respect to
the rank, job title, or job assignment of that person.
   (f) "Local agency" means any governmental subdivision, district,
public and quasi-public corporation, joint powers agency, public
agency or public service corporation, town, city, county, city and
county, or municipal corporation, whether incorporated or not or
whether chartered or not.
   (g) "State" means the Governor or his or her designated
representatives.
   1299.4.  (a) If an impasse has been declared after the parties
have exhausted their mutual efforts to reach agreement over wages,
hours, and other terms and conditions of employment, if the parties
are unable to agree to the appointment of a mediator, or if a
mediator agreed to by the parties is unable to effect settlement of a
dispute between the parties after his or her appointment, the
employee organization may, by written notification to the employer,
request that their differences be submitted to an arbitration panel.

   (b) Within three days after receipt of the written notification,
each party shall designate a person to serve as its member of an
arbitration panel.  Within five days thereafter, or within additional
periods to which they mutually agree, the two members of the
arbitration panel appointed by the parties shall designate an
impartial and experienced person to act as chairperson of the
arbitration panel.  In the event that the two members of the
arbitration panel are unable to agree upon a chairperson, the
mediator referred to in subdivision (a) may be designated
chairperson.
   (c) In the event that the mediator is unable or unwilling to serve
as chairperson, the two members of the arbitration panel shall
jointly request from the American Arbitration Association a list of
seven impartial and experienced persons who are familiar with matters
of employer-employee relations.  The two panel members may as an
alternative, jointly request a list of seven names from the
California State Mediation and Conciliation Service, or a list from
either entity containing more or less than seven names, so long as
the number requested is an odd number.  If after five days of receipt
of the list, the two panel members cannot agree on which of the
listed persons shall serve as chairperson, they shall, within two
days, alternately strike names from the list, with the first panel
member to strike names being determined by lot.  The last person
whose name remains on the list shall be chairperson.
   (d) During the course of the dispute resolution process initiated
pursuant to subdivision (a), any employee subject to this chapter who
willfully engages in a strike against his or her employer that
endangers public safety shall be dismissed from his or her employment
and may not be reinstated or returned to employment except as a
 new employee.  No employer shall have the power to grant
amnesty to any employee charged with engaging in a strike against
that employer.   new employee. 
   1299.5.  (a) The arbitration panel shall, within 10 days after its
establishment or any additional periods to which the parties agree,
meet with the parties or their representatives, either jointly or
separately, make inquiries and investigations, hold hearings, and
take any other action including further mediation, that the
arbitration panel deems appropriate.
   (b) For the purpose of its hearings investigations, or inquiries,
the arbitration panel may subpoena witnesses, administer oaths, take
the testimony of any person, and issue subpoenas duces tecum to
require the production and examination of any employer's or employee
organization's records, books, or papers relating to any subject
matter in dispute.
   1299.6.  (a) The arbitration panel shall direct that five days
prior to the commencement of its hearings, each of the parties shall
submit the last best offer of settlement as to each of the issues
made in bargaining as a proposal or counterproposal on those issues
not tentatively agreed to by the parties prior to any arbitration
request made pursuant to subdivision (a) of Section 1299.4.  The
arbitration panel, within 30 days after the conclusion of the
hearing, or any additional period to which the parties agree, shall
separately decide on each of the disputed issues submitted by
selecting, without modification, the last best offer that most nearly
complies with the applicable factors described in subdivision (c).
This subdivision shall be applicable except as otherwise provided in
subdivision (b).
   (b) The arbitration panel shall direct that five days prior to the
commencement of its hearings, each of the parties shall submit as a
package, the last best offer of settlement made in bargaining as a
proposal or counterproposal on those issues not tentatively agreed to
by the parties prior to any arbitration request made pursuant to
subdivision (a) of Section 1299.4. The arbitration panel, within 30
days after the conclusion of the hearing, or any additional period to
which the parties agree, shall decide on the disputed issues
submitted by selecting, without modification, the last best offer
package that most nearly complies with the applicable factors
described in subdivision (c).  This subdivision shall be applicable
in lieu of subdivision (a) only if the employer, in the same written
notification specified in subdivision (a) of Section 1299.4, receives
written notice from the employee organization that it has elected to
be subject thereto.
   (c) The arbitration panel, unless otherwise agreed to by the
parties, shall limit its findings to issues within the scope of
representation and shall base its findings, opinions, and decisions
upon those factors traditionally taken into consideration in the
determination of wages, hours, and other terms and conditions of
employment, including but not limited to the following factors, as
applicable:
   (1) The stipulations of the parties.
   (2) The interest and welfare of the public.
   (3) The financial condition of the employer and its ability to
meet the costs of the award.
   (4)  The availability and sources of funds to defray the cost
of any changes in wages, hours, and other terms and conditions of
employment.
   (5)  Comparison of wages, hours, and other terms and
conditions of employment of other employees performing similar
services in corresponding fire or law enforcement employment.

   (5)  
   (6)  The average consumer prices for goods and services,
commonly known as the Consumer Price Index.  
   (6)  
   (7)  The peculiarity of requirements of employment,
including, but not limited to, mental, physical, and educational
qualifications; job training and skills; and hazards of employment.

   (7)  
   (8)  Changes in any of the foregoing that are traditionally
taken into consideration in the determination of wages, hours, and
other terms and conditions of employment.
   1299.7.  (a) The arbitration panel shall mail or otherwise deliver
a copy of the decision to the parties.  However, the decision of the
arbitration panel shall not be publicly disclosed, and shall not be
binding, for a period of five days after service to the parties.
During that five-day period, the parties may meet privately, attempt
to resolve their differences and, by mutual agreement, amend or
modify the decision of the arbitration panel.
   (b) At the conclusion of the five-day period, which may be
extended by the parties, the arbitration panel's decision, as may be
amended or modified by the parties pursuant to subdivision (a), shall
be publicly disclosed and shall be binding on all parties.
   1299.8.  Unless otherwise provided in this title, Title 9
(commencing with Section 1280) of this part shall be applicable to
any arbitration proceeding undertaken pursuant to this title.
   1299.9.   (a)  The provisions of this title shall not
apply to any employer that is a city, county, or city and county,
governed by a charter that was amended prior to January 1, 2000, to
incorporate a procedure requiring the submission of all unresolved
disputes relating to wages, hours, and other terms and conditions of
employment to an impartial and experienced neutral person or panel
for final and binding determination, provided however that the
charter amendment is not subsequently repealed or amended in a form
that would no longer require the submission of all unresolved
disputes relating to wages, hours, and other terms and conditions of
employment to an impartial and experienced neutral person or panel,
for final and binding determination.  
   (b) The provisions of this title shall not apply to any employer
that is a local agency if the governing board of the local agency
submits to the voters at a general or special election in 2000, a
proposed ordinance that provides that this title does not apply to
the local agency and that ordinance is approved by a majority of the
votes cast on the measure in the election.
   (c) This title shall become operative on January 1, 2001.
  SEC. 3.  The Legislature finds and declares that the duties of
local agency employer representatives under this act are
substantially similar to the duties required under present collective
bargaining procedures and therefore the costs incurred by the local
agency employer representatives in performing those duties are not
reimbursable as state-mandated costs.
  SEC. 4.  No reimbursement shall be made from the State Mandates
Claims Fund pursuant to Part 7 (commencing with Section 17500) of
Division 4 of Title 2 of the Government Code for costs mandated by
the state pursuant to this act.  It is recognized, however, that a
local agency or school district may pursue any remedies to obtain
reimbursement available to it under Part 7 (commencing with Section
17500) and any other provisions of law.