BILL ANALYSIS �
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|SENATE RULES COMMITTEE | AB 646|
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THIRD READING
Bill No: AB 646
Author: Atkins (D)
Amended: 6/22/11 in Senate
Vote: 21
SENATE PUBLIC EMPLOYMENT & RETIRE. COMM. : 3-2, 6/27/11
AYES: Negrete McLeod, Padilla, Vargas
NOES: Walters, Gaines
SENATE APPROPRIATIONS COMMITTEE : 6-3, 8/25/11
AYES: Kehoe, Alquist, Lieu, Pavley, Price, Steinberg
NOES: Walters, Emmerson, Runner
ASSEMBLY FLOOR : 50-25, 6/1/11 - See last page for vote
SUBJECT : Local public employee organizations: impasse
procedures
SOURCE : American Federation of State, County and
Municipal
Employees, AFL-CIO
DIGEST : This bill allows local public employee
organizations to request fact-finding if a mediator is
unable to effect a settlement of a labor dispute within 30
days of appointment, and defines certain responsibilities
of the fact-finding panel and interested parties, and makes
specified exemptions from its provisions.
ANALYSIS : Existing law, as established by the
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Meyers-Milias-Brown Act (MMBA):
1. Contains various provisions intended to promote full
communication between public employers and their
employees by providing a reasonable method of resolving
disputes regarding wages, hours, and other terms and
conditions of employment between public employers and
public employee organizations.
2. Provides that if, after a reasonable amount of time,
representatives of the public agency and the employee
organization fail to reach agreement, the two parties
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.
3. Authorizes a local public agency to adopt reasonable
rules and regulations after consultation in good faith
with representatives of an employee organization or
organizations for the administration of
employer-employee relations under the MMBA.
4. Delegates jurisdiction over the employer-employee
relationship to the Public Employment Relations Board
(PERB) and charges the PERB with resolving disputes and
enforcing the statutory duties and rights of local
public agency employers and employee organizations.
This bill:
1. Allows an employee organization to request fact-finding
when a mediator has been unsuccessful at effectuating a
resolution to a labor dispute within 30 days of
appointment.
2. Specifies that the fact-finding panel consist of one
member selected by each party and a chairperson selected
by the PERB or by agreement of the parties.
3. Requires the fact-finding panel to meet with the parties
within 10 days after appointment, and take other steps
it deems appropriate.
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4. Authorizes the panel to make inquiries and
investigations, hold hearings, and take any other steps
it deems appropriate, and to issue subpoenas requiring
the attendance and testimony of witnesses and the
production of witnesses.
5. Requires state and local public agencies, if requested
by the panel, to furnish the panel with all records,
papers and information in their possession relating to
any matter under investigation by the panel.
6. Specifies the criteria the fact-finding panel should be
guided in by arriving at their findings and
recommendations.
7. Requires the fact-finding panel to make findings of fact
and recommend terms of a settlement if the dispute is
not settled within 30 days. This information must first
be provided to the parties before being made available
to the public.
8. Requires the costs of the chairperson of the
fact-finding panel to be paid for by both parties
whether or not PERB selected the chairperson. Any other
costs incurred will be borne equally by the parties, as
specified;.
9. Allows an employer to implement its last, best and final
offer, excluding implementation of a Memorandum of
Understanding, once any applicable mediation and
fact-finding procedures have been exhausted.
10.Allows a recognized employee organization the right each
year to meet and confer, despite the implementation of
the best and final offer.
11.Exempts a charter city, charter county, or a charter
city and county that has a procedure, as specified, that
applies if an impasse has been reached between the
public agency and a bargaining unit regarding
negotiations to which the impasse procedure applies.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
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Local: No
According to the Senate Appropriations Committee:
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 Local
reimbursable
SUPPORT : (Verified 8/29/11)
American Federation of State, County and Municipal
Employees, AFL-CIO,
(source)
District Council 36
California State Employees Association
California Labor Federation
California Nurses Association
City of Los Angeles Councilmember Paul Koretz
Orange County Labor Federation
Peace Officers Research Association of California
San Diego and Imperial Counties Labor Council'
OPPOSITION : (Verified 8/29/11)
Association of California Healthcare Districts
Association of California Water Agencies
California Association of Sanitation Agencies
California Municipal Utilities Association
California Special Districts Association
California State Association of Counties
Cities of Brea, Cerritos, Cloverdale, Costa Mesa, Fountain
Valley, Fresno, Healdsburg, Huntington Park, Kingsburg,
Livingston, Long Beach, Merced, Murrieta, Red Bluff,
Rocklin, San Diego, San Mateo, Santa Rosa, Torrance,
Tulare, Vista, Wasco and Whittier
Counties of Los Angeles, Orange, Placer, Sacramento, San
Diego and
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Solano
County Sanitation Districts of Los Angeles County
Cucamonga Valley Water District
Department of Finance
Desert Water Agency
Dublin San Ramon Services District
East Valley Water District
El Dorado Irrigation District
Helix Water District
Howard Jarvis Taxpayers Association
League of CA Cities
Office of Mayor Antonio R. Villaraigosa
Placer County Water Agency
Regional Council of Rural Counties
Sacramento Municipal Utilities District
Stockton East Water District
Three Valleys Municipal Water District
Urban Counties Caucus
Valley Center Municipal Water District
Vista Irrigation District
ARGUMENTS IN SUPPORT : According to the author, "Although
the MMBA requires employers and employees to bargain in
good faith, some municipalities and agencies choose not to
adhere to this principle and instead, attempt to expedite
an impasse in order to unilaterally impose their last,
best, and final offer when negotiations for collective
bargaining agreements fail. This creates an incentive for
surface bargaining in which local governments rush through
the motions of �a] meet-and-confer process to unilaterally
meet the goal of the agency's management. Although some
municipalities have elected to include local impasse rules
and procedures, no standard requirement exists for using
impasse procedures. This lack of uniformity causes
confusion and uncertainty for workers. Fact-finding is an
effective tool in labor relations because it can facilitate
agreement through objective determinations that help the
parties engage in productive discussions and reach
reasonable decisions."
According to the sponsor of the bill, the American
Federation of State, County and Municipal Employees,
AFL-CIO, "Impasse procedures are crucial parts of the
collective bargaining process and without them,
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negotiations may not be fully effective, and bargaining may
break down before all avenues of agreement have been
explored. Fact-finding panels facilitate agreement through
their objective determinations that can help the parties
engage in productive discussions and reach reasonable
decisions. If a public agency has already promulgated its
own impasse procedures, �this bill] will not prevent that
public agency from using those procedures, as long as the
procedures are agreed upon by the employee organization."
ARGUMENTS IN OPPOSITION : Opponents contend that, "�This
bill] removes local authority by giving full discretion to
public employee unions to request fact-finding once an
impasse is reached. The significant costs that will be
imposed on agencies for a process that is at the sole
discretion of a local bargaining unit and not the agency is
financially impractical for cities. In addition, there is
limited funding available to allow PERB to meet this
measurable mandate. �This bill] undermines a local
agency's authority to establish local rules for resolving
impasse; delays the conclusion of contract negotiations -
which inevitably will create more adversarial relations
between the negotiating parties; could lead to significant
delays in labor negotiations between public employers and
employee organizations, and could provide a disincentive
for employee organizations to negotiate in good faith when
a subsequent option exists."
Opponents further contend that they provide impasse
procedures in collective bargaining, bargain in good faith
with their respective employee organizations, and that they
are unaware of any problems with the current process such
that a change is necessary.
ASSEMBLY FLOOR : 50-25, 6/1/11
AYES: Alejo, Allen, Ammiano, Atkins, Beall, Block,
Blumenfield, Bonilla, Bradford, Brownley, Buchanan,
Butler, Charles Calderon, Campos, Carter, Cedillo,
Chesbro, Davis, Dickinson, Eng, Feuer, Fong, Fuentes,
Furutani, Galgiani, Gatto, Gordon, Hall, Hayashi, Roger
Hern�ndez, Hill, Huber, Hueso, Huffman, Lara, Bonnie
Lowenthal, Ma, Mendoza, Mitchell, Monning, Pan, Perea,
Portantino, Skinner, Solorio, Swanson, Torres,
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Wieckowski, Williams, John A. P�rez
NOES: Achadjian, Bill Berryhill, Conway, Cook, Donnelly,
Fletcher, Beth Gaines, Grove, Hagman, Halderman, Harkey,
Jones, Knight, Logue, Mansoor, Miller, Morrell, Nestande,
Nielsen, Norby, Olsen, Silva, Smyth, Valadao, Wagner
NO VOTE RECORDED: Garrick, Gorell, Jeffries, V. Manuel
P�rez, Yamada
CPM:do 8/29/11 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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