BILL NUMBER: SB 383 INTRODUCED
BILL TEXT
INTRODUCED BY Senator Burton
FEBRUARY 21, 2001
An act to amend Sections 1299, 1299.2, and 1299.3 of the Code of
Civil Procedure, relating to arbitration.
LEGISLATIVE COUNSEL'S DIGEST
SB 383, as introduced, Burton. Arbitration: public employees.
Existing law provides for the arbitration of disputes between
public employers and firefighters and law enforcement officers, as
defined.
This bill would extend these provisions to physicians and
dentists, as defined, who are local public employees.
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 1299 of the Code of Civil Procedure is amended
to read:
1299. (a) The Legislature hereby finds and declares
that strikes taken by firefighters and ,
law enforcement officers , physicians, and dentists
against 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 benefits, 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 public sector labor disputes that
could otherwise lead to strikes by firefighters or
, law enforcement officers , physicians, or dentists
.
(b) It is the intent of the Legislature to protect the
health and welfare of the public by providing impasse remedies
necessary to afford public employers the opportunity to safely
alleviate the effects of labor strife that would otherwise lead to
strikes by firefighters and , law
enforcement officers , physicians, and dentists . 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 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 public employers and
employee organizations representing firefighters or
, law enforcement officers , physicians, or
dentists .
(c) The provisions of this title are intended by the
Legislature to govern the resolution of impasses reached in
collective bargaining between public employers and employee
organizations representing firefighters and ,
law enforcement officers , physicians, and dentists
over economic 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 , physician, or dentist in any grievance initiated
as a result of a disciplinary action taken by any public employer.
The Legislature further intends that this title shall not 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, such as policies on the use of police
powers, enforcement priorities and practices, or supervision,
oversight, and accountability covering officer behavior toward
members of the public, to any community-oriented policing policy or
to any process employed by an employer to investigate firefighter
or , law enforcement officer ,
physician, or dentist behavior that could lead to discipline
against any firefighter or , law
enforcement officer , physician, or dentist , 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 , physician, or dentist .
SEC. 2. Section 1299.2 of the Code of Civil Procedure is amended
to read:
1299.2. This title shall apply to all employers of firefighters
and , law enforcement officers ,
physicians, and dentists .
SEC. 3. Section 1299.3 of the Code of Civil Procedure is amended
to read:
1299.3. As used in this title:
(a) "Employee" means any firefighter or ,
law enforcement officer , physician, or dentist
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 , physicians,
or dentists in matters relating to wages, hours, and other
terms and conditions of employment within the scope of arbitration.
(c) "Employer" means any local agency employing employees, as
defined in subdivision (a), or any entity, except the State of
California, acting as an agent of any 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 is a peace
officer as defined in Section 830.1 of, subdivisions (b) and (d) of
Section 830.31 of, subdivisions (a), (b), and (c) of Section 830.32
of, subdivisions (a), (b), and (d) of Section 830.33 of, subdivisions
(a) and (b) of Section 830.35 of, subdivision (a) of Section 830.5
of, and subdivision (a) of Section 830.55 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) "Physician" means a person licensed as a physician and
surgeon pursuant to Chapter 5 (commencing with Section 2000) of
Division 2 of the Business and Professions Code.
(h) "Dentist" means a person licensed as a dentist pursuant to
Chapter 4 (commencing with Section 1600) of Division 2 of the
Business and Professions Code.
(i) "Scope of arbitration" means economic issues, including
salaries, wages and overtime pay, health and pension benefits,
vacation and other leave, reimbursements, incentives, differentials,
and all other forms of remuneration. The scope of arbitration shall
not include any issue that is protected by what is commonly referred
to as the "management rights" clause contained in Section 3504 of the
Government Code. Notwithstanding the foregoing, any employer
subject to this title that is not exempt under Section 1299.9 may
supersede this subdivision by adoption of an ordinance that
establishes a broader definition of "scope of arbitration."