BILL ANALYSIS �
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|SENATE RULES COMMITTEE | AB 1659|
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THIRD READING
Bill No: AB 1659
Author: Butler (D)
Amended: As introduced
Vote: 21
SENATE PUBLIC EMPLOY. & RETIREMENT COMM. : 3-2, 6/11/12
AYES: Negrete McLeod, Padilla, Vargas
NOES: Walters, Gaines
ASSEMBLY FLOOR : 47-26, 5/17/12 - See last page for vote
SUBJECT : Public Employment Relations Board: powers and
duties
SOURCE : American Federation of State, County and
Municipal
Employees
DIGEST : This bill requires that the employee relations
commissions for the City and County of Los Angeles be
independent of county and city management, as specified, in
order to be able to exercise the powers granted them under
the Meyers-Milias-Brown Act (MMBA).
ANALYSIS :
Existing law:
1. Permits, under the MMBA, local governments, including
cities, counties, and special districts, to establish
CONTINUED
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administrative procedures for employee representation
and collective bargaining agreements.
2. Authorizes the Public Employment Relations Board (PERB)
to resolve labor disputes under the MMBA, filed by an
employer or employee, excluding law enforcement officers
and the City and County of Los Angeles.
3. Grants the employee relations commissions for the City
and County of Los Angeles the power and responsibility
to take actions on recognition, unit determinations,
elections, and all unfair practices and to issue
determinations and orders as the commission deems
necessary.
4. Specifies, under the employee relations ordinance of the
county of Los Angeles, that an independent employee
relations commission is created to ensure that all
county employees and their representatives are fairly
treated, that their rights are maintained, and that
their requests are fairly heard, considered and resolve.
This bill authorizes the employee relations commissions for
the City and County of Los Angeles to exercise the power
and responsibility to take actions on recognition, unit
determinations, elections, and all unfair practices and to
issue determinations and orders as the commission deems
necessary only if the commissions and their staff meet the
following requirements:
1.They are independent of county and city management.
2.The commissions are funded separately from public
offices, departments, or agencies.
3.The commission is the custodian of records of the
commission.
4.The commission has sole discretion on how to allocate
funds one a budget is allocated.
5.The commission has control over all employment issues
related to its staff and hearing officers.
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FISCAL EFFECT : Appropriation: No Fiscal Com.: No
Local: No
SUPPORT : (Verified 6/11/12)
AFSMCE (source)
American Federation of State, County and Municipal
Employees, District
Council 36
Association for Los Angeles Deputy Sheriffs
Association of Deputy District Attorneys, AFSCME Local 2682
International Union of Operating Engineers Local 501
Los Angeles County Probation Officers' Union, Local 685
Los Angeles County Professional Peace Officers Association
Los Angeles/Orange Counties Building and Construction
Trades Council
Service Employees International Union
OPPOSITION : (Verified 6/11/12)
California State Association of Counties
Los Angeles County Board of Supervisors
Urban Counties Caucus
ARGUMENTS IN SUPPORT : According to the author, "The
employee relations ordinance for the County of Los Angeles
has established an employee relations commission and
provides that the commission be independent. However,
recent actions taken by Los Angeles County have called into
questions whether the Commission can operate independently?
This bill seeks to remedy this by clearly defining the
independence required for these commissions to operate as
quasi-judicial bodies overseeing employer/employee
relations."
Supporters state, "?this legislation would add an explicit
statutory requirement to ensure the fundamental
independence and integrity of the Los Angeles County
Employee Relations Commission (ERCOM). In light of recent
troubling actions by the Executive Office of the Los
Angeles County Board of Supervisors, the need for this law
is clear. "The ERCOM's important quasi-judicial mandate
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has always been to fairly and impartially adjudicate
disputes between labor and management and to ensure that
the rights of county employees (and their union
representatives) are maintained. Recently, however, the
Executive Office of the Board has taken the position -
breaking a four decade ERCOM mandate - that County
management are 'joint' custodians of records for the ERCOM.
This means that management gains access to ERCOM's internal
staff communications/emails, clearly compromising the
commission's autonomy."
ARGUMENTS IN OPPOSITION : Opponents state, "While Los
Angeles County is unique among counties in that it is
exempt from the jurisdiction of PERB, it is similar to
those counties who have created independent local personnel
or employment boards to review personnel matters. The
California State Association of Counties is deeply
concerned about any attempt by the Legislature to control
the make-up or procedures of such local bodies. There are
safeguards in place for employees including state and
federal employment laws, rules, regulations, county code,
Human Resources/Personnel departments and practices
confirmed by county ordinance. Elected officials are
accountable to the public for the efficient and effective
management of a local agency and therefore they along
should be responsible for the decision-making procedures in
personnel matters. County Board of Supervisors need to have
the ability to rule and make sound decisions regarding
county employment matters and AB 1659 impairs Los Angeles
County's ability to do just that."
ASSEMBLY FLOOR : 47-26, 5/17/12
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, Ma,
Mendoza, Monning, Pan, V. Manuel P�rez, Portantino,
Solorio, Swanson, Torres, Wieckowski, Williams, John A.
P�rez
NOES: Achadjian, Bill Berryhill, Conway, Cook, Donnelly,
Beth Gaines, Garrick, Grove, Hagman, Halderman, Harkey,
Jeffries, Jones, Knight, Logue, Mansoor, Miller, Morrell,
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Nestande, Nielsen, Norby, Olsen, Silva, Smyth, Valadao,
Wagner
NO VOTE RECORDED: Fletcher, Gorell, Bonnie Lowenthal,
Mitchell, Perea, Skinner, Yamada
DLW:do 6/12/12 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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