BILL ANALYSIS �
Senate Appropriations Committee Fiscal Summary
Senator Christine Kehoe, Chair
AB 646 (Atkins)
Hearing Date: 8/15/2011 Amended: 6/22/2011
Consultant: Maureen Ortiz Policy Vote: PE&R 3-2
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BILL SUMMARY: AB 646 authorizes local public employee
organizations to request a fact-finding panel to address a
dispute with the employer if a mediator is unable to reach a
settlement within 30 days.
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Fiscal Impact (in thousands)
Major Provisions 2011-12 2012-13 2013-14 Fund
Admin expenses $75
$150 $150 General
Fact finding expenses ---------unknown, potentially
significant
not reimbursable-------- Local
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STAFF COMMENTS: This bill meets the criteria for referral to the
Suspense file.
The costs above represent one PY attorney and PY office
technician at the Public Employment Relations Board (PERB).
However, the extent of ongoing staffing requirements will be
dependent on the number of disputes requiring the fact finding
panel, therefore actual costs could be greater or less.
Additionally, there will be expenses due to the fact-finding
panel for costs of the services of the panel chairperson
including per diem fees, and travel and subsistence expenses.
These costs will be split equally between the employer and the
local public employee organization.
The Meyers-Milias-Brown Act (MMBA) contains various provisions
intended to promote full communication between public employers
and their employees by providing a reasonable method of
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resolving disputes regarding wages, hours, and other terms and
conditions of employment between public employers and public
employee organizations. The MMBA provides that if, after a
reasonable amount of time, representatives of the two parties
are unable to reach agreement, they may mutually agree on the
appointment of a mediator and equally share the cost. If the
parties reach impasse, the public agency is not required to
proceed to interest arbitration and may implement its last, best
and final offer.
The Public Employment Relations Board is charged with resolving
disputes and enforcing the statutory duties and rights of local
public agency employers and employee organizations.
AB 646 will allow the local public employee organization to
request that the parties' differences be submitted to a fact
finding panel if the mediator is unable to effect settlement
within 30 days. Each party will select a person to serve as its
member of the fact finding panel, and the PERB will select a
chairperson within five days, however the parties may mutually
agree upon a different chairperson in lieu of the person
selected by the board.
The panel will be authorized to make inquiries, investigations,
hold hearings, and issue subpoenas requiring the attendance and
testimony of witnesses, as well as the production of evidence.
The panel may obtain information from any state agency, the
California State University, or any political subdivision.
If the panel is not able to settle the dispute within 30 days,
it shall make findings of fact and recommend terms of
settlement. After any applicable mediation and fact finding
procedures have been exhausted, a public agency may implement
its last, best, and final offer.
The provisions of AB 646 will not apply to a charter city,
charter county, or charter city and county that has a procedure
that applies if an impasse has been reached between the public
agency and a bargaining unit and the procedure includes a
process for binding arbitration.
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