BILL NUMBER: SB 609 CHAPTERED
BILL TEXT
CHAPTER 242
FILED WITH SECRETARY OF STATE SEPTEMBER 6, 2011
APPROVED BY GOVERNOR SEPTEMBER 6, 2011
PASSED THE SENATE MAY 12, 2011
PASSED THE ASSEMBLY AUGUST 15, 2011
AMENDED IN SENATE MARCH 24, 2011
INTRODUCED BY Senator Negrete McLeod
FEBRUARY 17, 2011
An act to add Sections 3509.3, 3520.8, 3541.35, 3563.5, 71639.15,
and 71825.05 to the Government Code, and to add Section 99561.4 to
the Public Utilities Code, relating to public employment.
LEGISLATIVE COUNSEL'S DIGEST
SB 609, Negrete McLeod. Public Employment Relations Board: final
orders.
Existing law creates the Public Employment Relations Board and
prescribes its powers, which include administering the
Meyers-Milias-Brown Act, the Ralph C. Dills Act, provisions commonly
referred to as the Educational Employment Relations Act, the Higher
Education Employer-Employee Relations Act, the Trial Court Employment
Protection and Governance Act, the Trial Court Interpreter
Employment and Labor Relations Act, and the Los Angeles County
Metropolitan Transportation Authority Transit Employer-Employee
Relations Act. Existing law provides in this regard that the board
may decide contested matters relating to the recognition,
certification, or decertification of public employee organizations.
Existing law permits a party to appeal a decision of an
administrative law judge's decision regarding a matter within the
board's jurisdiction.
This bill would provide that if a decision by an administrative
law judge regarding the recognition or certification of an employee
organization in connection with the employment relations acts
described above is appealed, the decision shall be deemed the final
order of the board if the board does not act to supersede the
decision on or before 180 days after the appeal is filed.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 3509.3 is added to the Government Code, to
read:
3509.3. Notwithstanding any other law, if a decision by an
administrative law judge regarding the recognition or certification
of an employee organization is appealed, the decision shall be deemed
the final order of the board if the board does not issue a ruling
that supersedes the decision on or before 180 days after the appeal
is filed.
SEC. 2. Section 3520.8 is added to the Government Code, to read:
3520.8. Notwithstanding any other law, if a decision by an
administrative law judge regarding the recognition or certification
of an employee organization is appealed, the decision shall be deemed
the final order of the board if the board does not issue a ruling
that supersedes the decision on or before 180 days after the appeal
is filed.
SEC. 3. Section 3541.35 is added to the Government Code, to read:
3541.35. Notwithstanding any other law, if a decision by an
administrative law judge regarding the recognition or certification
of an employee organization as described in subdivision (l) of
Section 3541.3 is appealed, the decision shall be deemed the final
order of the board if the board does not issue a ruling that
supersedes the decision on or before 180 days after the appeal is
filed.
SEC. 4. Section 3563.5 is added to the Government Code, to read:
3563.5. Notwithstanding any other law, if a decision by an
administrative law judge regarding the recognition or certification
of an employee organization as described in subdivision (k) of
Section 3563 is appealed, the decision shall be deemed the final
order of the board if the board does not issue a ruling that
supersedes the decision on or before 180 days after the appeal is
filed.
SEC. 5. Section 71639.15 is added to the Government Code, to read:
71639.15. Notwithstanding any other law, if a decision by an
administrative law judge regarding the recognition or certification
of an employee organization is appealed, the decision shall be deemed
the final order of the board if the board does not issue a ruling
that supersedes the decision on or before 180 days after the appeal
is filed.
SEC. 6. Section 71825.05 is added to the Government Code, to read:
71825.05. Notwithstanding any other law, if a decision by an
administrative law judge regarding the recognition or certification
of an employee organization is appealed, the decision shall be deemed
the final order of the board if the board does not issue a ruling
that supersedes the decision on or before 180 days after the appeal
is filed.
SEC. 7. Section 99561.4 is added to the Public Utilities Code, to
read:
99561.4. Notwithstanding any other law, if a decision by an
administrative law judge regarding the recognition or certification
of an employee organization as described in subdivision (k) of
Section 99561 is appealed, the decision shall be deemed the final
order of the board if the board does not issue a ruling that
supersedes the decision on or before 180 days after the appeal is
filed.