BILL ANALYSIS
AB 553
Page 1
Date of Hearing: May 2, 2007
ASSEMBLY COMMITTEE ON PUBLIC EMPLOYEES, RETIREMENT AND SOCIAL
SECURITY
Ed Hernandez, O.D., Chair
AB 553 (Hernandez) - As Introduced: February 21, 2007
SUBJECT : Public Employment Relations Board.
SUMMARY : Specifically, this bill clarifies the Public
Employment Relations Board's (PERB's) exclusive authority to
determine, under the Meyers-Milias-Brown Act (MMBA), whether to
seek from a court of competent jurisdiction injunctive relief
involving relations between an employee organization and a
public agency.
EXISTING LAW as enacted by SB 739 (Solis), Chapter 901, Statutes
of 2000, transferred, from the Superior Court to PERB, the
exclusive jurisdiction for resolving disputes and enforcing the
statutory duties and rights of local public agency employers and
employees covered under the MMBA.
FISCAL EFFECT : Unknown
COMMENTS : According to information provided by PERB, "The PERB
is a quasi-judicial agency which oversees public sector
collective bargaining in California. PERB administers seven
collective bargaining statutes, ensures their consistent
implementation and application, and adjudicates disputes between
the parties subject to them. The statutes administered by PERB
include the Educational Employment Relations Act (EERA) of 1976
establishing collective bargaining in California's public
schools (K-12) and community colleges; the State
Employer-Employee Relations Act of 1978, known as the Ralph C.
Dills Act (Dills Act), establishing collective bargaining for
state government employees; and the Higher Education
Employer-Employee Relations Act (HEERA) of 1979 extending the
same coverage to the California State University System, the
University of California System and Hastings College of Law. The
MMBA of 1968 establishing collective bargaining for California's
municipal, county, and local special district employers and
employees was brought under PERB's jurisdiction pursuant to
Senate Bill 739 (Chapter 901, Statutes of 2000), effective July
1, 2001. PERB's jurisdiction over the MMBA excludes peace
officers, management employees and the City and County of Los
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Angeles. In addition, PERB is responsible for the administration
of the Los Angeles County Metropolitan Transportation Authority
Transit Employer-Employee Relations Act (TEERA), covering
supervisory employees of the transit agency. In addition,
effective August 16, 2004, pursuant to Senate Bill 1102 (Chapter
227, Statutes of 2004), the Trial Court Employment Protection
and Governance Act (Trial Court Act) and the Trial Court
Interpreter Employment and Labor Relations Act (Court
Interpreter Act) were brought under PERB's jurisdiction."
According to supporters, "The point of creating the PERB and
giving it the exclusive jurisdiction it has over activities
within California's public employment labor relations laws it to
bring expertise and uniformity to labor relations, including
strikes. Superior Courts are ill-suited to this mission, they
rarely deal with labor relations issues and when they do in
strike situations are faced with emergency requests and have
little time to learn the field. The PERB, which has an
institutional memory and practice in dealing with difficult
labor issues, is much better suited to make quick decisions
about strikes."
Supporters go on to state, "There is currently confusion and
uncertainty by some over the jurisdictional issue. There have
been some courts which have issued injunctions against strike
activity at the request of local agency employers despite the
laws passed by the Legislature and even though the employer is
required to first go to PERB and the PERB is supposed to decide
based on law and their expertise whether to seek injunctive
relief over a strike?AB 553 does not change the law, but simply
clarifies what the Legislature already did and intended in
enacting
SB 739 in 2000."
Opponents argue, "This bill seeks to: expand PERB authority into
areas in which it has not existing authority or expertise;
directly preempt existing litigation; usurp city and county
authority over matters involving public health and safety; and
add unacceptable delays to seeking injunctive relief to protect
the public health and safety."
Opponents state, "AB 553 seeks legislative preemption in
litigation currently before three California District Courts of
Appeals involving: the City of San Jose (6th District), and
Counties of Contra Costa (First District) and Sacramento (3rd
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District); litigation is pending appeal involving the County of
Mendocino?Cities and counties have broad common law and
statutory authority over issues of public health and safety
including: fire, police, psychiatric emergency services, airport
operations, detention services, child protective services, waste
water operations, landfill operations and others. PERB has no
such authority or expertise. The issues presented for
injunctive relief involve the issue of public health and safety,
not issues related to purported violations of the MMBA.
Requiring approval of the PERB usurps county and city authority
over matters relating to public health and safety."
REGISTERED SUPPORT / OPPOSITION :
Support
Service Employees International Union (Sponsor)
American Federation of State, County and Municipal Employees
California School Employees Association
Independent Employees of Merced County
Organization of SMUD Employees
San Bernardino Public Employees Association
San Diego County Court Employees Association
San Luis Obispo County Employees Association
Santa Rosa City Employees Association
Opposition
California State Association of Counties
County of Santa Barbara
League of California Cities
Analysis Prepared by : Karon Green / P.E., R. & S.S. / (916)
319-3957