BILL ANALYSIS
SENATE PUBLIC EMPLOYMENT & RETIREMENT BILL NO: AB 553
Patricia Wiggins, Chair Hearing date: June 25, 2007
AB 553 (Hernandez) as amended 5/08/07 FISCAL: NO
PERB: AUTHORITY TO DECIDE WHETHER TO SEEK INJUNCTIVE RELIEF
FROM A COURT OF COMPETENT JURISDICTION
HISTORY :
Sponsor: Service Employees International Union (SEIU)
Prior legislation: SB 739 (Solis)
Chapter 901 of 2000
ASSEMBLY VOTES :
PER & SS 4-2 5/02/07
Assembly Floor 46-32 6/05/07
SUMMARY :
Would clarify the exclusive authority of the Public
Employment Relations Board (PERB) 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.
BACKGROUND AND ANALYSIS :
1) Existing law
Existing law , pursuant to Chapter 901 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.
2) This bill
This bill would clarify the exclusive authority of the PERB
David Felderstein
Date: 6/20/07 Page 1
to determine, under the MMBA, whether to seek from a court of
competent jurisdiction injunctive relief involving relations
between an employee organization and a public agency.
FISCAL EFFECT :
Unknown
David Felderstein
Date: 6/20/07 Page 2
COMMENTS :
1) What is the PERB ?
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
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."
David Felderstein
Date: 6/20/07 Page 3
2) Arguments in support
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."
David Felderstein
Date: 6/20/07 Page 4
Supporters also 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."
2) Arguments in opposition
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 also 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 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."
David Felderstein
Date: 6/20/07 Page 5
3) SUPPORT :
American Federation of State, County and Municipal
Employees
California School Employees Association
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
Public Employees Union, Local #1
David Felderstein
Date: 6/20/07 Page 6
4) OPPOSITION :
California Association of Sanitation Agencies (CASA)
California State Association of Counties (CSAC)
County of Santa Barbara
League of California Cities
Sanitation Districts of Los Angeles County
#####
David Felderstein
Date: 6/20/07 Page 7