Amended in Assembly May 23, 2014

Amended in Assembly March 19, 2014

California Legislature—2013–14 Regular Session

Assembly Bill No. 1550

Introduced by Assembly Member Rendon

January 27, 2014

An act to amend Section 3548 of, and to add Sections 3548.9 and 3549.5 to, the Government Code, relating to school employees.

LEGISLATIVE COUNSEL’S DIGEST

AB 1550, as amended, Rendon. School employees: collective bargaining.

(1) Existing law permits public school employees begin insert , as defined, end insert to form, join, and participate in the activities of employee organizations begin insert , as defined, end insert of their own choosing for the purpose of representation on all matters of employer-employee relations, as specified. Existing law permits an employee organization to become the exclusive representative begin insert , as defined, end insert of an appropriate unit for purposes of meeting and negotiating begin insert , as defined, end insert with a public school employer, as begin delete specified end delete begin insert defined end insert . Existing law authorizes either a public school employer or the exclusive representative to declare that an impasse begin insert , as defined, end insert has been reached between the parties in negotiations over matters within the scope of representation and to request the Public Employment Relations Board to appoint a mediator for the purpose of assisting them, as specified. If the board determines that an impasse exists, existing law requires it to appoint a mediator in accordance with begin delete such end delete rules begin delete as end delete it begin delete shall end delete begin insert is required to end insert prescribe within 5 working days after the receipt of a request.

This bill would instead, if the board determines that an impasse exists, require it to appoint a mediator in accordance with begin delete such end delete rules begin delete as end delete it begin delete shall end delete begin insert is required to end insert prescribe within 10 working days after the receipt of a request.

(2) Existing law authorizes either a public school employer or the exclusive representative to request that their differences be submitted to a factfinding panel by written notification to the other if the mediator is unable to effect settlement of the controversy within 15 days after his or her appointment and the mediator declares that factfinding is appropriate to the resolution of the impasse. begin delete Existing law requires the factfinding panel to meet with the parties or their representatives, as specified, and requires the panel to make findings of fact and recommend terms of settlement, which recommendations shall be advisory only, if the dispute is not settled within 30 days after the appointment of the panel, or, upon agreement by both parties, within a longer period. end delete

This bill begin delete would require the public school employer to provide the exclusive representative with written notice of all terms included in the last, best, and final offer of the public school employer if the dispute is not settled within 30 days after the recommendations of the panel, or, upon agreement by both parties, within a longer period. The bill would also end delete begin insert would end insert require the public school employer to provide written notice to the exclusive representative of the date certain for begin insert the end insert implementation of begin insert and all the end insert terms included in the last, best, and final offer of the public school employer at least 30 days before that implementation.

(3) Existing law begin delete requires end delete begin insert prohibits end insert the provisions related to collective bargaining for public school employees begin delete to not be end delete begin insert from being end insert construed as prohibiting a public school employer from making the final decision with regard to specified matters, including, among other things, matters related to the scope of representation, as defined, and the causes and procedures for disciplinary action other than dismissal.

This bill would prohibit a public school employer from unilaterally adding language to, deleting language from, or otherwise implementing terms and conditions of employment inconsistent begin delete with, end delete begin insert with end insert a negotiated agreement with an exclusive representative, and would, if language in a negotiated agreement is illegal, require the public school employer and the exclusive representative to meet and negotiate any change to the negotiated agreement to remedy the illegal language. By requiring a public school employer to meet and negotiate with the exclusive representative, the bill would impose a state-mandated local program.

(4) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.

The people of the State of California do enact as follows:

SECTION 1.  

Section 3548 of the Government Code is amended
to read:

3548.  

(a) Either a public school employer or the exclusive
representative may declare that an impasse has been reached
between the parties in negotiations over matters within the scope
of representation and may request the board to appoint a mediator
for the purpose of assisting them in reconciling their differences
and resolving the controversy on terms begin delete which end delete begin insert that end insert are mutually
acceptable. If the board determines that an impasse exists, it shall,
in no event later than 10 working days after the receipt of a request,
appoint a mediator in accordance with begin delete such end delete rules as it shall
prescribe. The mediator shall meet forthwith with the parties or
their representatives, either jointly or separately, and shall take
begin delete such end delete other steps as he or she may deem appropriate in order to
persuade the parties to resolve their differences and effect a
mutually acceptable agreement. The services of the mediator,
including any per diem begin delete fees, end delete begin insert fees end insert and actual and necessary travel
and subsistence expenses, shall be provided by the board without
cost to the parties.

(b) This section shall not be construed to prevent the parties
from mutually agreeing upon their own mediation procedure and
in the event of begin delete such end delete begin insert an end insert agreement, the board shall not appoint its
own mediator, unless failure to do so would be inconsistent with
the policies of this chapter. If the parties agree upon their own
mediation procedure, the cost of the services of any appointed
mediator, unless appointed by the board, including any per diem
begin delete fees, end delete begin insert fees end insert and actual and necessary travel and subsistence expenses,
shall be borne equally by the parties.

SEC. 2.  

Section 3548.9 is added to the Government Code, to
read:

begin delete

3548.9.  

(a) If a dispute is not settled within 30 days after the
recommendations of a factfinding panel pursuant to Section 3548.3
or, upon agreement by both parties, within a longer period, the
public school employer shall provide the exclusive representative
with written notice of all terms included in the last, best, and final
offer of the public school employer.

(b) At

end delete

begin insert

begin insert 3548.9. end insert   

end insert

begin insert At end insert least 30 days before implementation, the public
school employer shall provide the exclusive representative with
written notice of the date certain for begin insert the end insert implementation of begin insert and all end insert
the terms included in the last, best, and final offer of the public
school employer.

SEC. 3.  

Section 3549.5 is added to the Government Code, to
read:

3549.5.  

(a) Notwithstanding any other law, a public school
employer shall not unilaterally add language to, delete language
from, or otherwise implement terms and conditions of employment
inconsistent begin delete with, end delete begin insert with end insert a negotiated agreement with an exclusive
representative.

(b) If language in a negotiated agreement with an exclusive
representative is illegal, the public school employer and the
exclusive representative shall meet and negotiate any change to
the negotiated agreement to remedy the illegal language.

SEC. 4.  

If the Commission on State Mandates determines that
this act contains costs mandated by the state, reimbursement to
local agencies and school districts for those costs shall be made
pursuant to Part 7 (commencing with Section 17500) of Division
4 of Title 2 of the Government Code.