BILL NUMBER: SB 739 CHAPTERED
BILL TEXT
CHAPTER 901
FILED WITH SECRETARY OF STATE SEPTEMBER 29, 2000
APPROVED BY GOVERNOR SEPTEMBER 28, 2000
PASSED THE SENATE AUGUST 31, 2000
PASSED THE ASSEMBLY AUGUST 29, 2000
AMENDED IN ASSEMBLY AUGUST 28, 2000
AMENDED IN ASSEMBLY AUGUST 25, 2000
AMENDED IN ASSEMBLY JUNE 6, 2000
AMENDED IN ASSEMBLY SEPTEMBER 10, 1999
AMENDED IN ASSEMBLY AUGUST 30, 1999
AMENDED IN ASSEMBLY AUGUST 16, 1999
AMENDED IN SENATE MAY 24, 1999
AMENDED IN SENATE MAY 13, 1999
AMENDED IN SENATE MAY 6, 1999
INTRODUCED BY Senator Solis
(Coauthor: Senator Murray)
(Principal coauthor: Assembly Member Wildman)
(Coauthor: Assembly Member Romero)
FEBRUARY 24, 1999
An act to amend Sections 3500, 3501, 3502.5, and 3508.5 of, to
amend, renumber, and add Section 3509 of, to amend and renumber
Section 3510 of, to add Section 3511 to, and to repeal and add
Section 3507.1 of, the Government Code, relating to public
employment.
LEGISLATIVE COUNSEL'S DIGEST
SB 739, Solis. Local public employees: agency shop arrangement
and the Public Employment Relations Board.
(1) Under the Meyers-Milias-Brown Act, an agency shop agreement
may be negotiated between a public agency and a recognized public
employee organization.
This bill would additionally authorize an agency shop arrangement
without a negotiated agreement upon a signed petition by 30% of the
employees in the applicable bargaining unit requesting an agency shop
agreement and majority approval of the employees voting in a secret
ballot election on the issue. The bill would provide that the
petition may be filed only after good faith negotiations, not to
exceed 30 days, have taken place between the parties in an effort to
reach an agreement. The bill would require the Division of
Conciliation of the Department of Industrial Relations to conduct an
election that may not be held more frequently than once a year, if
the parties cannot agree within a prescribed time period on the
selection of a neutral person or entity to conduct the election.
(2) Existing law establishes the Public Employment Relations Board
in state government as a means of resolving disputes and enforcing
the statutory duties and rights of employers and employees under the
Educational Employment Relations Act, the Higher Education
Employer-Employee Relations Act, and the Ralph C. Dills Act.
This bill would expand the jurisdiction of the Public Employment
Relations Board to include resolving disputes and enforcing the
statutory duties and rights of employers and employees under the
Meyers-Milias-Brown Act and would specifically include resolving
disputes alleging violation of rules and regulations adopted by a
public agency, other than the County of Los Angeles and the City of
Los Angeles, pursuant to the Meyers-Milias-Brown Act that are
consistent with the act concerning unit determinations,
representations, recognition, and elections. The bill would provide
that implementation of this provision is subject to the appropriation
of funds for this purpose in the annual Budget Act and that the
provision becomes operative on July 1, 2001.
(3) Existing law provides that in the absence of local procedures
for resolving disputes on the appropriateness of a unit of
representation, upon the request of any of the parties, the dispute
is to be submitted to the Division of Conciliation of the Department
of Industrial Relations.
This bill would require any dispute under rules adopted by a
public agency on the appropriateness of a unit, exclusive or majority
representation, and election procedures, upon request of a party, to
be submitted to the board for resolution. The board would make its
determinations based on the rules adopted by the public agency.
(4) The act specifies that nothing in its provisions affects the
rights of a public employee to authorize a dues deduction from his or
her salary or wages pursuant to specified provisions of law.
This bill would additionally require a public employer to deduct
the payment of dues or service fees to a recognized employee
organization as required by an agency shop arrangement between the
recognized employee organization and the public employer. It would
also provide that agency fee obligations shall continue in effect as
long as the employee organization is the recognized bargaining
representative, notwithstanding the expiration of any agreement
between the public employer and the recognized employee organization.
(5) The provisions of this bill would not apply to any recognized
employee organization representing peace officers, as defined in a
specified provision of existing law.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 3500 of the Government Code is amended to read:
3500. (a) It is the purpose of this chapter to promote full
communication between public employers and their employees by
providing a reasonable method of resolving disputes regarding wages,
hours, and other terms and conditions of employment between public
employers and public employee organizations. It is also the purpose
of this chapter to promote the improvement of personnel management
and employer-employee relations within the various public agencies in
the State of California by providing a uniform basis for recognizing
the right of public employees to join organizations of their own
choice and be represented by those organizations in their employment
relationships with public agencies. Nothing contained herein shall
be deemed to supersede the provisions of existing state law and the
charters, ordinances, and rules of local public agencies that
establish and regulate a merit or civil service system or which
provide for other methods of administering employer-employee
relations nor is it intended that this chapter be binding upon those
public agencies that provide procedures for the administration of
employer-employee relations in accordance with the provisions of this
chapter. This chapter is intended, instead, to strengthen merit,
civil service and other methods of administering employer-employee
relations through the establishment of uniform and orderly methods of
communication between employees and the public agencies by which
they are employed.
(b) The Legislature finds and declares that the duties and
responsibilities of local agency employer representatives under this
chapter are substantially similar to the duties and responsibilities
required under existing collective bargaining enforcement procedures
and therefore the costs incurred by the local agency employer
representatives in performing those duties and responsibilities under
this chapter are not reimbursable as state-mandated costs.
SEC. 2. Section 3501 of the Government Code is amended to read:
3501. As used in this chapter:
(a) "Employee organization" means any organization which includes
employees of a public agency and which has as one of its primary
purposes representing those employees in their relations with that
public agency.
(b) "Recognized employee organization" means an employee
organization which has been formally acknowledged by the public
agency as an employee organization that represents employees of the
public agency.
(c) Except as otherwise provided in this subdivision, "public
agency" means every governmental subdivision, every district, every
public and quasi-public corporation, every public agency and public
service corporation and every town, city, county, city and county and
municipal corporation, whether incorporated or not and whether
chartered or not. As used in this chapter, "public agency" does not
mean a school district or a county board of education or a county
superintendent of schools or a personnel commission in a school
district having a merit system as provided in Chapter 5 (commencing
with Section 45100) of Part 25 and Chapter 4 (commencing with Section
88000) of Part 51 of the Education Code or the State of California.
(d) "Public employee" means any person employed by any public
agency, including employees of the fire departments and fire services
of counties, cities, cities and counties, districts, and other
political subdivisions of the state, excepting those persons elected
by popular vote or appointed to office by the Governor of this state.
(e) "Mediation" means effort by an impartial third party to assist
in reconciling a dispute regarding wages, hours and other terms and
conditions of employment between representatives of the public agency
and the recognized employee organization or recognized employee
organizations through interpretation, suggestion and advice.
(f) "Board" means the Public Employment Relations Board
established pursuant to Section 3541.
SEC. 3. Section 3502.5 of the Government Code is amended to read:
3502.5. (a) Notwithstanding Section 3502 or 3502.6, or 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 which 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 only be filed after good faith
negotiations, not to exceed 30 days, have taken place between the
parties in an effort to reach agreement. An election that may not be
held more frequently than once a year shall be conducted by the
Division of Conciliation of the Department of Industrial Relations 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 any claims, demands, or other action relating
to the public agency's compliance with the agency fee obligation.
(c) Any 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 any 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 any such fund 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 such a 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; (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) An agency shop arrangement shall not apply to management,
confidential, or supervisory employees.
(f) Every 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
Labor-Management Disclosure Act of 1959 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. 4. Section 3507.1 of the Government Code is repealed.
SEC. 5. Section 3507.1 is added to the Government Code, to read:
3507.1. (a) Unit determinations and representation elections
shall be determined and processed in accordance with rules adopted by
a public agency in accordance with this chapter. In a
representation election, a majority of the votes cast by the
employees in the appropriate bargaining unit shall be required.
(b) Notwithstanding subdivision (a) and rules adopted by a public
agency pursuant to Section 3507, a bargaining unit in effect as of
the effective date of this section shall continue in effect unless
changed under the rules adopted by a public agency pursuant to
Section 3507.
SEC. 6. Section 3508.5 of the Government Code is amended to read:
3508.5. (a) Nothing in this chapter shall affect the right of a
public employee to authorize a dues or service fees deduction from
his or her salary or wages pursuant to Section 1157.1, 1157.2,
1157.3, 1157.4, 1157.5, or 1157.7.
(b) A public employer shall deduct the payment of dues or service
fees to a recognized employee organization as required by an agency
shop arrangement between the recognized employee organization and the
public employer.
(c) Agency fee obligations, including, but not limited to, dues or
agency fee deductions on behalf of a recognized employee
organization, shall continue in effect as long as the employee
organization is the recognized bargaining representative,
notwithstanding the expiration of any agreement between the public
employer and the recognized employee organization.
SEC. 7. Section 3509 of the Government Code is amended and
renumbered to read:
3510. (a) The provisions of this chapter shall be interpreted and
applied by the board in a manner consistent with and in accordance
with judicial interpretations of this chapter.
(b) The enactment of this chapter shall not be construed as making
the provisions of Section 923 of the Labor Code applicable to public
employees.
SEC. 8. Section 3509 is added to the Government Code, to read:
3509. (a) The powers and duties of the board described in Section
3541.3 shall also apply, as appropriate, to this chapter and shall
include the authority as set forth in subdivisions (b) and (c).
(b) A complaint alleging any violation of this chapter or of any
rules and regulations adopted by a public agency pursuant to Section
3507 shall be processed as an unfair practice charge by the board.
The initial determination as to whether the charge of unfair practice
is justified and, if so, the appropriate remedy necessary to
effectuate the purposes of this chapter, shall be a matter within the
exclusive jurisdiction of the board. The board shall apply and
interpret unfair labor practices consistent with existing judicial
interpretations of this chapter.
(c) The board shall enforce and apply rules adopted by a public
agency concerning unit determinations, representation, recognition,
and elections.
(d) Notwithstanding subdivisions (a) to (c), inclusive, the
employee relations commissions established by, and in effect for, the
County of Los Angeles and the City of Los Angeles pursuant to
Section 3507 shall have the power and responsibility to take actions
on recognition, unit determinations, elections, and unfair practices,
and to issue determinations and orders as the employee relations
commissions deem necessary, consistent with and pursuant to the
policies of this chapter.
(e) This section shall not apply to employees designated as
management employees under Section 3507.5.
(f) Implementation of this section is subject to the appropriation
of funds for this purpose in the annual Budget Act.
(g) This section shall become operative on July 1, 2001.
SEC. 9. Section 3510 of the Government Code is amended and
renumbered to read:
3500.5. This chapter shall be known and may be cited as the
"Meyers-Milias-Brown Act."
SEC. 10. Section 3511 is added to the Government Code, to read:
3511. The changes made to Sections 3501, 3507.1, and 3509 of the
Government Code by legislation enacted during the 1999-2000 Regular
Session of the Legislature shall not apply to persons who are peace
officers as defined in Section 830.1 of the Penal Code.