BILL ANALYSIS
------------------------------------------------------------
|SENATE RULES COMMITTEE | SB 383|
|Office of Senate Floor Analyses | |
|1020 N Street, Suite 524 | |
|(916) 445-6614 Fax: (916) | |
|327-4478 | |
------------------------------------------------------------
UNFINISHED BUSINESS
Bill No: SB 383
Author: Burton (D) and Romero (D), et al
Amended: 9/10/01
Vote: 21
SENATE PUBLIC EMP. & RET. COMMITTEE : 3-2, 4/2/01
AYES: Soto, Karnette, Romero
NOES: Haynes, Oller
SENATE FLOOR : 21-14, 4/16/01
AYES: Alarcon, Alpert, Bowen, Burton, Chesbro, Costa,
Dunn, Escutia, Figueroa, Karnette, Kuehl, Machado,
Murray, O'Connell, Ortiz, Peace, Perata, Polanco, Sher,
Soto, Torlakson
NOES: Ackerman, Battin, Brulte, Haynes, Johannessen,
Johnson, Knight, Margett, McClintock, McPherson,
Monteith, Morrow, Oller, Poochigian
ASSEMBLY FLOOR : 51-27, 9/12/01 - See last page for vote
SUBJECT : Arbitration: local public employees
SOURCE : Union of American Physicians and Dentists
DIGEST : This bill provides binding arbitration for
physicians and dentists employed by the County of Los
Angeles, and includes safety police officers in the County
of Los Angeles to the categories of law enforcement
officers covered by binding arbitration.
Assembly Amendments added safety police officers in the
CONTINUED
SB 383
Page
2
County of Los Angeles to the bill's provisions and made
clarifying changes.
ANALYSIS : Existing law provides for the arbitration of
disputes between local public employers and firefighters
and law enforcement officers.
This bill extends these provisions to physicians and
dentists, as defined, who are local public employees of the
County of Los Angeles.
Background :
SB 402 (Burton) Chapter 906, Statutes of 2000 established
the provisions of local binding arbitration, with respect
to economic issues, for firefighters and law enforcement
officers, upon which this bill is based.
Current law under this bill 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 economic
issues as defined within the scope of arbitration, and 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.
FISCAL EFFECT : Appropriation: No Fiscal Com.: No
Local: No
SUPPORT : (Verified 9/10/02)
Union of American Physicians and Dentists (source)
California Medical Association
California Nurses Association
California Psychiatric Association
California Association of Psychiatric Technicians
California labor Federation AFL-CIO
American Federation of State, County and Municipal
SB 383
Page
3
Employees
CSEA
OPPOSITION : (Verified 9/10/01)
League of California Cities
California State Association of Counties
County of Los Angeles
ARGUMENTS IN SUPPORT : According to supporters this
provision, combined with a no-strike clause, will be
effective in resolving contract disputes with physicians
and dentists that might cause disruption of essential
healthcare services to the poor and indigent served by
county facilities. Supporters contend that given the key
role that physicians play in the Los Angeles County
healthcare system, this legislation is clearly in the
public interest and will insure continuous and
non-interrupted service to the poor, uninsured and indigent
patients served by the system.
ARGUMENTS IN OPPOSITION : According to the Assembly Third
Reading analysis, opponents state, SB 383 unnecessarily
replaces the County's Employee Relations Ordinance with a
process that may be unilaterally invoked by labor
representatives, lessening the incentive to reach
agreement. By vesting final decision making authority in
an arbitration panel that is unaccountable to the
electorate, SB 383 will reduce the County's ability to
achieve fair settlements for all employees. The measure
interferes with current negotiations by some physicians who
wish to unionize but retain the benefit package available
to non-represented employees."
ASSEMBLY FLOOR :
AYES: Alquist, Aroner, Calderon, Canciamilla, Cardenas,
Cardoza, Chan, Chavez, Chu, Cohn, Corbett, Correa, Diaz,
Dutra, Firebaugh, Florez, Frommer, Goldberg, Havice,
Horton, Jackson, Keeley, Kehoe, Koretz, Liu, Longville,
Lowenthal, Maddox, Maldonado, Matthews, Migden, Nakano,
Nation, Negrete McLeod, Oropeza, Papan, Pavley, Pescetti,
Reyes, Salinas, Shelley, Simitian, Steinberg,
Strom-Martin, Thomson, Vargas, Washington, Wayne, Wesson,
Wiggins, Wright
SB 383
Page
4
NOES: Aanestad, Ashburn, Bates, Bogh, Briggs, Bill
Campbell, John Campbell, Cogdill, Cox, Daucher,
Dickerson, Harman, Hollingsworth, Kelley, La Suer, Leach,
Leonard, Leslie, Mountjoy, Robert Pacheco, Rod Pacheco,
Richman, Runner, Strickland, Wyland, Wyman, Zettel
TSM:jk 9/25/01 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
**** END ****