BILL NUMBER: SB 383	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  JULY 5, 2001
	AMENDED IN SENATE  MARCH 26, 2001

INTRODUCED BY   Senators Burton and Romero
   (Coauthor:  Assembly Member Cedillo)

                        FEBRUARY 21, 2001

   An act to amend  Section 1299.2   Sections
1299.2 and 1299.3  of, to amend the heading of Title 9.5
(commencing with Section 1299) of Part 3 of, and to add Section
1299.31 to, the Code of Civil Procedure, relating to arbitration.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 383, as amended, Burton.  Arbitration:  local public employees.

   Existing law provides for the arbitration of disputes between
local public employers and firefighters and law enforcement officers,
as defined.
   This bill would extend these provisions to  safety police
officers of the County of Los Angeles and to  physicians and
dentists, as defined, who are local public employees of the County 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.  (a) The Legislature finds and declares that the dispute
resolution procedures contained in Title 9 (commencing with Section
1299) of Part 3 of the Code of Civil Procedure, as amended by this
act, provide the appropriate method for resolving public sector
disputes that could otherwise lead to strikes by physicians or
dentists in the County of Los Angeles.
   (b) It is the intent of the Legislature to protect the health and
welfare of the public by providing impasse remedies necessary to
afford the County of Los Angeles the opportunity to alleviate safely
the effects of labor strife that would otherwise lead to strikes by
physicians and dentists.
   It is not the intent of the Legislature to alter the scope of
issues subject to collective bargaining between the employer, the
County of Los Angeles, and employee organizations representing
physicians or dentists.
   (c) The provisions of Title 9.5 (commencing with Section 1299) of
Part 3 of the Code of Civil Procedure, as amended by this act, are
intended by the Legislature to govern the resolution of impasses
reached in collective bargaining between the County of Los Angeles
and employee organizations representing physicians and dentists over
economic issues that remain in dispute over their respective
interests.  However, these provisions are not intended by the
Legislature to be used as a procedure to determine the rights of any
physician or dentist in any grievance initiated as a result of a
disciplinary action taken by the County of Los Angeles.
  SEC. 2.  The heading of Title 9.5 (commencing with Section 1299) of
Part 3 of the Code of Civil Procedure is amended to read:

      TITLE 9.5.  ARBITRATION OF FIREFIGHTER, LAW ENFORCEMENT
OFFICER, AND OTHER LOCAL AGENCY LABOR DISPUTES

  SEC. 3.  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.  This title shall also apply to
employers of physicians and dentists as defined in Section 1299.31.

  SEC. 3.5.  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
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 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  (a), 
(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) "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."
  SEC. 4.  Section 1299.31 is added to the Code of Civil Procedure,
to read:
   1299.31.  In addition to the definitions contained in Section
1299.3, as used in this title:
   (a) "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.
   (b) "Employee" also means any physician or dentist represented by
an employee organization defined in subdivision (c).
   (c) "Employee organization" also means any organization recognized
by the employer as defined in subdivision (d) for the purpose of
representing physicians or dentists in matters relating to wages,
hours, and other terms and conditions of employment within the scope
of arbitration.
   (d) "Employer" also means the County of Los Angeles, or any
entity, except the State of California, acting as an agent of the
County of Los Angeles, either directly or indirectly.
   (e) "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.
  SEC. 5.  The Legislature hereby finds and declares that a special
statute is necessary and that a general statute cannot be made
applicable, within the meaning of Section 16 of Article IV of the
California Constitution, because of unique circumstances applicable
to the County of Los Angeles.