BILL ANALYSIS                                                                                                                                                                                                    



                                                                       


           ------------------------------------------------------------ 
          |SENATE RULES COMMITTEE            |                   SB 402|
          |Office of Senate Floor Analyses   |                         |
          |1020 N Street, Suite 524          |                         |
          |(916) 445-6614         Fax: (916) |                         |
          |327-4478                          |                         |
           ------------------------------------------------------------ 
           
                                        
                              UNFINISHED BUSINESS
                                        

          Bill No:  SB 402
          Author:   Burton (D) and Villaraigosa (D), et al
          Amended:  6/29/00
          Vote:     21

            
           SENATE PUBLIC EMP. & RET. COMMITTEE  :  3-1, 4/12/99
          AYES:  Ortiz, Baca, Karnette
          NOES:  Lewis

           SENATE APPROPRIATIONS COMMITTEE  :  8-3, 5/27/99
          AYES:  Alpert, Bowen, Burton, Escutia, Karnette, Leslie,  
            McPherson, Perata
          NOES:  Johnston, Johnson, Mountjoy

           SENATE FLOOR  :  23-15, 6/1/99
          AYES:  Alarcon, Alpert, Baca, Bowen, Burton, Chesbro,  
            Costa, Dunn, Escutia, Figueroa, Hayden, Hughes,  
            McPherson, Murray, O'Connell, Ortiz, Peace, Perata,  
            Polanco, Schiff, Sher, Solis, Speier
          NOES:  Brulte, Haynes, Johannessen, Johnson, Johnston,  
            Kelley, Knight, Lewis, Monteith, Morrow, Mountjoy,  
            Poochigian, Rainey, Vasconcellos, Wright

           ASSEMBLY FLOOR  :  55-17, 7/6/00 - See last page for vote
           

           SUBJECT  :    Employer-employee relations:  law enforcement  
          officers and
                      firefighters

           SOURCE  :     California Professional Firefighters
                      Peace Officers Research Association of  
          California
                                                           CONTINUED





                                                                SB 402
                                                                Page  
          2

                      California Department of Forestry Firefighters
                      California Association of Highway Patrolmen

           
           DIGEST  :    This bill provides final and binding arbitration  
          of any matter in dispute (within the scope of bargaining  
          under the various existing state and local acts) between  
          any public employer in California (including the state) and  
          employee organizations representing its firefighters or law  
          enforcement employees.

           Assembly Amendments  delete the state's mandate and instead  
          provides that unless otherwise agreed to by the parties,  
          the costs of the arbitration proceeding and the expenses of  
          the arbitration panel, except those of the employer  
          representative, shall be borne by the employee  
          organization.  Adds a sunset date of January 1, 2005.

          They also authorize the chief law enforcement officer of an  
          employer to notify the arbitration panel of his or her  
          intent to remove from consideration any issue included as a  
          part of a last best offer of settlement on the basis that  
          it would foreclose the ability of that law enforcement  
          officer to protect the public. An employee organization  
          would be authorized to take specified actions upon receipt  
          of such a notice.

           ANALYSIS :   Existing law, the Meyers-Milias-Brown Act,  
          which provides statutory framework for labor relations  
          between all local public employers and their employees,  
          permits, but does not require, the mediation of disputes  
          between these parties.

          Existing law, the Ralph C. Dills State Employer-Employee  
          Relations Act, which provides the statutory framework for  
          labor relations between the State of California and its  
          employees, permits, but does not require, the arbitration  
          of disputes between these parties.
           
           This bill provides final and binding arbitration of any  
          matter subject to bargaining in disputes between any public  
          employer in California and its employees.

          This bill:







                                                                SB 402
                                                                Page  
          3


          1. Establishes in the Code of Civil Procedure Title 9.5,  
             "Arbitration of Firefighter and Law Enforcement Officer  
             Labor Disputes". 

          2. Provides statutory legislative findings and declarations  
             regarding the need for the arbitration procedures  
             proposed by this bill stating, in part, that strikes  
             taken by firefighters and law enforcement officers  
             against public employers are a matter of statewide  
             concern and are not in the public interest.  
             Additionally, the legislative findings and declarations  
             state that the dispute resolution procedures contained  
             in this bill provide the appropriate method for  
             resolving public sector labor disputes that would  
             otherwise lead to strikes by firefighters or law  
             enforcement officers. Finally, the bill states that it  
             is not the intent of the Legislature that this title  
             apply to any law enforcement policy that pertains to how  
             law enforcement officers interact  with members of the  
             public or pertains to police community relations. 

          3. Defines "scope of arbitration" for purposes of the bill  
             as limited to only those issues that are within the  
             scope of representation as defined in Government Code  
             section 3504 (which includes all matters relating to  
             employment conditions and employer-employee relations,  
             including but not limited to, wages, hours, and other  
             conditions of employment). Additionally, the definition  
             excludes from the scope of arbitration any issue that is  
             protected by what is commonly referred to as the  
             "management rights" clause of section 3504 (which  
             specifies that the scope of representation shall not  
             include consideration of the merits, necessity, or  
             organization of any service or activity provided by law  
             or executive order). 

          4. Provides 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 within the scope or  
             arbitration and if the parties are unable to agree to  
             the appointment of a mediator, or the mediator appointed  







                                                                SB 402
                                                                Page  
          4

             is unable to effect settlement, the employee  
             organization may request, in writing to the employer,  
             that their differences be submitted to an arbitration  
             panel. 

          5. Provides for a 3-member arbitration panel, with one  
             member chosen by each of the parties and the third (who  
             serves as Chair) picked by the first two members. If the  
             parties are unable to pick a third person, the mediator  
             may serve as chairperson. If the mediator is unable or  
             unwilling to serve as chairperson, the bill provides a  
             process for choosing a person to service as Chair  
             culminating in the submission of an odd-numbered list of  
             names by either the American Arbitration Association or  
             the California State Mediation and Conciliation Service.  
             The list is then subjected to the striking of names by  
             both parties until only one name remains and that person  
             is appointed to serve as Chair. 

          6. Provides that if, during the dispute resolution process,  
             any employee willfully engages in a strike against the  
             employer that endangers public safety will be dismissed  
             from employment and may not be rehired except as a new  
             employee.  

          7. Requires the arbitration panel to meet within 10 days of  
             its establishment, or any other period to which the  
             parties agree, to begin their investigation or to take  
             any other action that they deem appropriate. 

          8. Provides that the arbitration panel may administer  
             oaths, and subpoena both witnesses and any information  
             relating to the subject in dispute. 

          9. Requires that, five days prior to the beginning of the  
             arbitration panel hearings, parties must submit the last  
             best offer of settlement on those issues not previously  
             agreed to by the parties prior to arbitration. 

          10.Establishes a process whereby the chief law enforcement  
             officer of an employer, prior to the start of the  
             arbitration hearing may remove from consideration any  
             issue included as part of a last best offer based upon  
             the fact that it would bar his or her ability to protect  







                                                                SB 402
                                                                Page  
          5

             the public.

          11.Provides that the arbitration panel, within 30 days  
             after conclusion of the hearing, will decide the  
             disputed issues by selecting the last best offer package  
             the most nearly complies with certain factors specified  
             in the bill. 

          12.Provides that the parties shall receive a copy of the  
             decision and have five days before the decision is made  
             public and binding to meet and attempt to resolve their  
             differences and, by mutual agreement, amend or modify  
             the arbitration panel's decision. 

          13.Provides that the provisions of this bill shall not  
             apply to city or county employer governed by a charter  
             that was amended prior to January 1, 2000, to  
             incorporate local arbitration provisions. (The Committee  
             is advised that 19 charter cities, one county and one  
             city and county have opted to provide local arbitration  
             procedures.) 

          14.Provides that the costs of the arbitration proceeding  
             and the expenses of the arbitration panel (except for  
             those of the employer representative) will be borne by  
             the employee organization unless otherwise agreed to by  
             the parties. 

          15.Specifies that the provisions of the bill will "sunset"  
             as of January 1, 2005. 

          16.Makes legislative findings and declarations that the  
             duties of local agency employer representatives under  
             this bill are substantially similar to the duties  
             required under current law and, therefore, the costs  
             incurred by a local agency in performing those duties  
             are not reimbursable state-mandated costs. 

           "Grandfathering" of All Local Arbitration Provisions

           The Senate Public Employment and Retirement Committee  
          analysis indicates that 19 charter cities, one county and  
          one city and county have opted to provide local arbitration  
          procedures.







                                                                SB 402
                                                                Page  
          6


                    CA   Charter   Cities   with   Arbitration   Procedures   


                   Compiled 02/25/99 by the California Professional  
                                    Firefighters





          
           --------------------------------------------------------------------------- 
          |   City    |Pane|Organiza|Arbitrat|Is   |Initial|Second|Public|Poiso|      |
          |           |l   |tion or |  ion   |Med/ | Arb.  | Arb. |      |  n  |      |
          |           |Mbrs|Departme|  Type  |Arb  |Selecti|Select|Notice|Pill?|      |
          |           |.   |   nt   |        |Re-  |on     |ion   |      |     |Issues|
          |           |    |Referral|        |quire|(time  |(time |(time |     |  NOT |
          |           |    |        |        |d    |frame) |frame)|frame)|     |subjec|
          |           |    |        |        |     |       |      |      |     | t to |
          |           |    |        |        |     |       |      |      |     |Arbitr|
          |           |    |        |        |     |       |      |      |     |a-tion|
          |           |    |        |        |     |       |      |      |     |      |
          |           |    |        |        |     |       |      |      |     |      |
          |           |    |        |        |     |       |      |      |     |      |
          |-----------+----+--------+--------+-----+-------+------+------+-----+------|
          |           |    |        |        |     |       |      |      |     |      |
          |           |    |        |        |     |       |      |      |     |      |
          |           |    |        |        |     |       |      |      |     |      |
          |-----------+----+--------+--------+-----+-------+------+------+-----+------|
          |VALLEJO    |1   |AAA, SM |Final   |YES  |Unknown|Unknow|Unknow|NO   |Discip|
          |           |    |& CS    |offer,  |     |       |n     |n     |     |line  |
          |           |    |        |issue   |     |       |      |      |     |      |
          |           |    |        |        |     |       |      |      |     |      |
          |           |    |        |        |     |       |      |      |     |      |
          |-----------+----+--------+--------+-----+-------+------+------+-----+------|
          |OAKLAND    |1   |SM & CS |Traditio|NO   |within |NONE  |NONE  |NO   |Retire|
          |           |    |        |nal     |     |5 days |      |      |     |-ment |
          |           |    |        |        |     |       |      |      |     |      |
          |           |    |        |        |     |       |      |      |     |      |
          |-----------+----+--------+--------+-----+-------+------+------+-----+------|
          |HAYWARD    |1   |SM & CS |Traditio|NO   |within |NONE  |NONE  |NO   |NONE  |
          |           |    |        |nal     |     |5 days |      |      |     |      |
          |           |    |        |        |     |       |      |      |     |      |







                                                                SB 402
                                                                Page  
          7

          |           |    |        |        |     |       |      |      |     |      |
          |-----------+----+--------+--------+-----+-------+------+------+-----+------|
          |PALO ALTO  |3   |SM & CS |Final   |YES  |within |within|after |NO   |NONE  |
          |           |    |        |offer,  |     |3 days | 10   |10    |     |      |
          |           |    |        |issue   |     |       |days  |days  |     |      |
          |           |    |        |        |     |       |      |      |     |      |
          |           |    |        |        |     |       |      |      |     |      |
          |-----------+----+--------+--------+-----+-------+------+------+-----+------|
          |SAN JOSE   |3   |SM & CS |Final   |NO   |within |within|after |NO   |NONE  |
          |           |    |        |offer,  |     |3 days | 10   |10    |     |      |
          |           |    |        |issue   |     |       |days  |days  |     |      |
          |           |    |        |        |     |       |      |      |     |      |
          |           |    |        |        |     |       |      |      |     |      |
          |-----------+----+--------+--------+-----+-------+------+------+-----+------|
          |ALAMEDA    |3   |SM & CS |Economic|NO   |within |within|after |YES  |NONE  |
          |           |    |        |s Only  |     |3 days | 10   |10    |     |      |
          |           |    |        |        |     |       |days  |days  |     |      |
          |           |    |        |        |     |       |      |      |     |      |
          |           |    |        |        |     |       |      |      |     |      |
          |-----------+----+--------+--------+-----+-------+------+------+-----+------|
          |*REDWOOD   |3   |SM & CS |Final   |YES  |within |within|after |NO   |NONE  |
          |CITY       |    |        |offer,  |     |3 days | 10   |10    |     |      |
          |           |    |        |issue   |     |       |days  |days  |     |      |
          |           |    |        |        |     |       |      |      |     |      |
          |(part of   |    |        |        |     |       |      |      |     |      |
          |Local      |    |        |        |     |       |      |      |     |      |
          |2400)      |    |        |        |     |       |      |      |     |      |
          |           |    |        |        |     |       |      |      |     |      |
          |           |    |        |        |     |       |      |      |     |      |
          |-----------+----+--------+--------+-----+-------+------+------+-----+------|
          |GILROY     |3   |SM & CS |Final   |YES  |within |within|after |NO   |NONE  |
          |           |    |        |offer,  |     |3 days | 10   |10    |     |      |
          |           |    |        |issue   |     |       |days  |days  |     |      |
          |           |    |        |        |     |       |      |      |     |      |
          |           |    |        |        |     |       |      |      |     |      |
          |-----------+----+--------+--------+-----+-------+------+------+-----+------|
          |**SAN      |3   |SM & CS |Final   |NO   |within |within|after |NO   |Retire|
          |FRANCISCO  |    |        |offer,  |     |3 days | 10   |10    |     |ment  |
          |           |    |        |issue   |     |       |days  |days  |     |      |
          |           |    |        |        |     |       |      |      |     |      |
          |           |    |        |        |     |       |      |      |     |      |
          |-----------+----+--------+--------+-----+-------+------+------+-----+------|
          |PETALUMA   |3   |SM & CS |Final   |NO   |within |within|after |NO   |NONE  |
          |           |    |        |offer,  |     |3 days | 10   |10    |     |      |







                                                                SB 402
                                                                Page  
          8

          |           |    |        |issue   |     |       |days  |days  |     |      |
          |           |    |        |        |     |       |      |      |     |      |
          |           |    |        |        |     |       |      |      |     |      |
          |-----------+----+--------+--------+-----+-------+------+------+-----+------|
          |*SAN       |1   |Unknown |Final   |YES  |Unknown|Unknow|Unknow|NO   |NONE  |
          |LEANDRO    |    |        |offer,  |     |       |n     |n     |     |      |
          |           |    |        |issue   |     |       |      |      |     |      |
          |           |    |        |        |     |       |      |      |     |      |
          |(part of   |    |        |        |     |       |      |      |     |      |
          |Local 55)  |    |        |        |     |       |      |      |     |      |
          |           |    |        |        |     |       |      |      |     |      |
          |           |    |        |        |     |       |      |      |     |      |
          |-----------+----+--------+--------+-----+-------+------+------+-----+------|
          |STOCKTON   |3   |SM & CS |Final   |YES  |within |within|after |NO   |NONE  |
          |           |    |        |offer,  |     |3 days | 10   |10    |     |      |
          |           |    |        |issue   |     |       |days  |days  |     |      |
          |           |    |        |        |     |       |      |      |     |      |
          |           |    |        |        |     |       |      |      |     |      |
          |-----------+----+--------+--------+-----+-------+------+------+-----+------|
          |SANTA ROSA |3   |SM & CS |Final   |NO   |within |within|after |NO   |NONE  |
          |           |    |        |offer,  |     |3 days | 10   |10    |     |      |
          |           |    |        |issue   |     |       |days  |days  |     |      |
          |           |    |        |        |     |       |      |      |     |      |
          |           |    |        |        |     |       |      |      |     |      |
          |-----------+----+--------+--------+-----+-------+------+------+-----+------|
          |NAPA       |3   |        |Final   |NO   |within |within|after |NO   |NONE  |
          |           |    |        |offer,  |     |3 days | 10   |10    |     |      |
          |           |    |        |issue   |     |       |days  |days  |     |      |
          |           |    |        |        |     |       |      |      |     |      |
          |           |    |        |        |     |       |      |      |     |      |
          |-----------+----+--------+--------+-----+-------+------+------+-----+------|
          |SANTA CRUZ |3   |SM & CS |Final   |YES  |within |within|after |NO   |NONE  |
          |           |    |        |offer,  |     |3 days | 10   |10    |     |      |
          |           |    |        |issue   |     |       |days  |days  |     |      |
          |           |    |        |        |     |       |      |      |     |      |
          |           |    |        |        |     |       |      |      |     |      |
          |-----------+----+--------+--------+-----+-------+------+------+-----+------|
          |*SACRAMENTO|3   |SM & CS |Final   |NO   |within |within|after |NO   |NONE  |
          | CITY      |    |        |offer,  |     |3 days | 10   |10    |     |      |
          |           |    |        |Issue   |     |       |days  |days  |     |      |
          |           |    |        |        |     |       |      |      |     |      |
          |(part of   |    |        |        |     |       |      |      |     |      |
          |Local 522) |    |        |        |     |       |      |      |     |      |
          |           |    |        |        |     |       |      |      |     |      |







                                                                SB 402
                                                                Page  
          9

          |           |    |        |        |     |       |      |      |     |      |
          |-----------+----+--------+--------+-----+-------+------+------+-----+------|
          |*SACRAMENTO|3   |SM & CS |Final   |NO   |within |within|after |YES  |NONE  |
          | COUNTY    |    |        |offer,  |     |3 days | 10   |10    |(appe|      |
          |           |    |        |Issue   |     |       |days  |days  |al   |      |
          |           |    |        |        |     |       |      |      |pendi|      |
          |(part of   |    |        |        |     |       |      |      |ng)  |      |
          |Local 522) |    |        |        |     |       |      |      |     |      |
          |           |    |        |        |     |       |      |      |     |      |
          |           |    |        |        |     |       |      |      |     |      |
          |-----------+----+--------+--------+-----+-------+------+------+-----+------|
          |ANAHEIM    |3   |AAA     |Final   |YES  |within |within|after |NO   |NONE  |
          |           |    |        |offer,  |     |3 days | 10   |10    |     |      |
          |           |    |        |issue   |     |       |days  |days  |     |      |
          |           |    |        |        |     |       |      |      |     |      |
          |           |    |        |        |     |       |      |      |     |      |
          |-----------+----+--------+--------+-----+-------+------+------+-----+------|
          |MODESTO    |3   |SM & CS |Final   |NO   |within |within|after |NO   |NONE  |
          |           |    |        |offer,  |     |3 days | 10   |10    |     |      |
          |           |    |        |issue   |     |       |days  |days  |     |      |
          |           |    |        |        |     |       |      |      |     |      |
          |           |    |        |        |     |       |      |      |     |      |
          |-----------+----+--------+--------+-----+-------+------+------+-----+------|
          |SALINAS    |3   |SM & CS |Final   |NO   |within |within|after |NO   |NONE  |
          |CITY       |    |        |offer,  |     |3 days | 10   |10    |     |      |
          |           |    |        |issue   |     |       |days  |days  |     |      |
          |           |    |        |        |     |       |      |      |     |      |
          |           |    |        |        |     |       |      |      |     |      |
          |-----------+----+--------+--------+-----+-------+------+------+-----+------|
          |WATSONVILLE|3   |SM & CS |Final   |NO   |within |within|after |NO   |NONE  |
          |           |    |        |offer,  |     |3 days | 10   |10    |     |      |
          |           |    |        |issue   |     |       |days  |days  |     |      |
          |           |    |        |        |     |       |      |      |     |      |
          |           |    |        |        |     |       |      |      |     |      |
           --------------------------------------------------------------------------- 
           


          KEY                                              :


          *Not individually affiliated with the CPF, but part of a  
          larger CPF local.








                                                                SB 402
                                                                Page  
          10


          **1992-1994 = Arbitration type was Final Offer Package.


          SM & CS = State Mediation and Conciliation Service; AAA =  
          American Arbitration Association

           FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  Yes    
          Local:  Yes

                          Fiscal Impact (in thousands)

           Major Provisions           1999-2000         2000-01         
           2001-02         Fund

           Arbitration costs                              -- unknown  
          --                      General,
                                                                 
          Special &
                                                                Local

           SUPPORT  :   (Verified  7/7/00)

          California Professional Firefighters (co-source)
          Peace Officers Research Association of California  
          (co-source)
          California Department of Forestry Firefighters (co-source)
          California Association of Highway Patrolmen (co-source)
          Association for Los Angeles Deputy Sheriffs
          California Correctional Supervisors Organization
          California Independent Public Employees Legislative Council
          California Labor Federation 
          California Organization of Police and Sheriffs
          California State Firefighters' Association
          Congress of California Seniors
          Consumer Federation of California
          Federal Firefighters Association
          Firefighters Associations of Alhambra, Alpine, American  
            Canyon, Benicia,  Berkeley, Cathedral City, Downey,  
            Eureka, Fairfield, Glendale, Hayward, Healdsburg, Hemet  
            City, Hermosa Beach, Humboldt, Idyllwild, Kern County, La  
            Habra, Lodi, Long Beach, Marin, Menlo Park, Montclair,  
            Mountain View, Napa City, Nevada County, Newport Beach,  
            Orange City, Orange County,  North Highlands, Pasadena,  







                                                                SB 402
                                                                Page  
          11

            Redlands, Sacramento, San Bernardino, San Diego, San  
            Joaquin County, San Jose, San Luis Obispo, San Mateo, San  
            Miguel, San Ramon, Santa Clara County, Santa Rosa,  
            Stockton, Torrance, Vacaville, Vallejo
          International Association of Firefighters
          Los Angeles Deputy Sheriffs
          Los Angeles County Probation Officers Union
          Los Angeles County Professional Peace Officers Association
          Marin County Deputy Sheriffs Association
          Marshals Association of California
          Orange County Employees' Association
          San Bernardino County Safety Employees Association
          San Joaquin county Deputy Sheriffs Association
          Southern California Alliance of Law Enforcement
          United Professional Fire Fighters

           OPPOSITION  :    (Verified  7/7/00) 

          Cities of Alameda, Arcadia, Bellflower, Benicia Fire  
            Department, Carlsbad, Cerritos, Chula Vista, Concord,  
            Coronado, Cotati, Culver City, Daly City, Foster City,  
            Fontana Police Department, Fountain Valley, Fremont,  
            Irvine, Huntington Beach, Jackson, Lakewood, La Quinta,  
            Long Beach, Los Angeles, Los Gatos Police Department,  
            Marysville, Monte Sereno Police Department, Moreno  
            Valley, Oakland, Oceanside, Ontario,  Orange, Pismo  
            Beach, Poway, Rancho Cucamonga, Redding, Riverbank, San  
            Clemente, San Luis Obispo, San Mateo, San Marino, Santa  
            Maria, Signal Hill, Signal Hill Police Department, South  
            Gate, Stockton, Torrance, Turlock Police Services,   
            Ventura, Vernon, Victorville Whittier, Larkspur, Vista,  
            and Glendora
          California Fire Chiefs Association
          California Peace Officers' Association
          California Police Chiefs' Association
          California State Association of Counties 
          California State Sheriffs' Association
          Corona Chamber of Commerce 
          Fire Districts Association of California
          Independent Cities Association 
          League of California Cities 
          Los Angeles Area Chamber of Commerce
          Los Angeles County Association of Chiefs of Police
          Los Angeles County Sheriffs







                                                                SB 402
                                                                Page  
          12

          Los Angeles Police Department
          Madera County Board of Supervisors
          Stockton City Council
          Sutter County Board of Supervisors
          County of Sacramento

           ARGUMENTS IN SUPPORT  :    According to the author, "More  
          than two dozen states require arbitration as a means to  
          resolve public employee collective bargaining disputes, and  
          arbitration has been used in California cities since 1970.   
          Currently, 21 local agencies impose arbitration to assure  
          that fair negotiations take place; and these arbitration  
          procedures have been 100 percent effective in preventing  
          firefighter and law enforcement officer strikes in  
          California.  This bill provides a 'final offer' arbitration  
          procedure for employers and public safety employees; and it  
          is initiated only after an impasse has been declared--where  
          all efforts to reach a collective bargaining agreement have  
          failed.  The governing body of any local agency may 'opt  
          out' of this bill's requirements by submitting for voter  
          approval a local ballot measure that exempts that local  
          public agency from arbitration, and employer administered  
          discipline and "community-oriented policing" policies are  
          specifically exempted from this bill.   The arbitration  
          panel must limit its arbitration award to only those issues  
          that (l) were made as a proposal or counter-proposal in  
          bargaining; (2) have not been previously agreed to in  
          bargaining; and (3) do not infringe upon employer  
          managerial policy decision making.  The arbitration panel  
          must choose the "last best offer" submitted by the two  
          parties that most nearly complies with the standards of  
          fairness, which assures that the award will not place a  
          financial strain on the public purse.  This bill encourages  
          both sides to be more realistic and honest in their demands  
          at the bargaining table.  This bill is a fair and peaceful  
          way to resolve bargaining disputes, while protecting the  
          welfare of the public with tough strike sanctions."

           ARGUMENTS IN OPPOSITION  :    Cities in opposition to this  
          bill argue that this bill mandates a system of compulsory  
          and binding arbitration for the resolution of collective  
          bargaining disputes/impasse for police and fire employees.   
          They contend that this bill would severely damage local  
          government's ability to fairly negotiate with public safety  







                                                                SB 402
                                                                Page  
          13

          bargaining units.  Cities continue that they have long  
          opposed compulsory and binding arbitration as a means to  
          settle collective bargaining disputes, and that there is no  
          circumstance under which compulsory and binding arbitration  
          is acceptable as an impasse remedy.  They state it  
          disenfranchises the voters from their elected officials by  
          removing their budget authority over police and fire  
          services and giving it to an outside arbitrator who is not  
          accountable to the citizens.  
           
           ASSEMBLY FLOOR  :
          AYES:  Alquist, Aroner, Battin, Bock, Briggs, Calderon,  
            Cardenas, Cardoza, Cedillo, Corbett, Correa, Cunneen,  
            Davis, Ducheny, Dutra, Firebaugh, Floyd, Gallegos,  
            Granlund, Honda, House, Jackson, Keeley, Knox, Kuehl,  
            Lempert, Longville, Machado, Maddox, Maldonado, Mazzoni,  
            Migden, Nakano, Olberg, Robert Pacheco, Rod Pacheco,  
            Papan, Pescetti, Reyes, Romero, Shelley, Steinberg,  
            Strickland, Thomson, Torlakson, Villaraigosa, Vincent,  
            Washington, Wayne, Wesson, Wiggins, Wildman, Wright,  
            Zettel, Hertzberg
          NOES:  Aanestad, Ackerman, Ashburn, Baldwin, Bates, Baugh,  
            Brewer, Campbell, Cox, Dickerson, Frusetta, Leach,  
            Leonard, McClintock, Oller, Runner, Thompson


          TSM:jk  8/2/00   Senate Floor Analyses 

                         SUPPORT/OPPOSITION:  SEE ABOVE

                                ****  END  ****