AB 1550, as amended, Rendon. School employees: collective bargaining.
(1) Existing law permits public school employeesbegin delete, as defined,end delete to form, join, and participate in the activities of employee organizationsbegin delete, as defined,end delete 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 representativebegin delete, as defined,end delete of an appropriate unit for purposes of meeting and negotiating, as defined, with a public school employerbegin delete, as definedend delete. Existing law authorizes either a public school employer
or the exclusive representative to declare that an impasse, as defined, 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 rules it is required to prescribe within 5 working days after the receipt of a request.
This bill wouldbegin delete instead, if the board determines that an impasse exists, require itend deletebegin insert increase the time allowed for the boardend insert to appoint abegin delete mediator in accordance with rules it is required to prescribe withinend deletebegin insert
mediator, as described above, toend insert 10 working days after the receipt of a request.begin insert The bill would also make technical changes in these provisions.end insert
(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.
end deleteThis bill would require the public school employer to provide written notice to the exclusive representative of the date certain for the implementation of and all the terms included in the last, best, and final offer of the public school employer at least 30 days before that implementation.
end delete(3)
end delete
begin insert(2)end insert Existing law prohibitsbegin delete the provisionsend deletebegin insert
certain lawsend insert
related to collective bargaining for public school employees from being 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 wouldbegin insert require the public school employer to provide written notice to the exclusive representative of the date for the implementation of, and all the terms included in, the last, best, and final offer of the public school employer at least 30 days before that implementation. By requiring the local public school employer to perform these additional duties, this bill would impose a state-mandated local program.end insert
begin insertThe bill wouldend insert prohibit a public school employer from unilaterallybegin delete adding language to, deleting language from, or otherwiseend delete implementing terms and conditions of employmentbegin delete inconsistent with a negotiated agreementend deletebegin insert following declaration of an impasse unless those terms and conditions have first been subject to negotiationend insert with an exclusivebegin delete representative, and would,end deletebegin insert
representative. The bill would also require,end insert if language in a negotiated agreement is illegal,begin delete requireend deletebegin insert thatend insert the public school employer and the exclusive representativebegin delete toend delete meet and negotiate any change to the negotiated agreement to remedy the illegal language. By requiring a public school employer to meet and negotiatebegin insert on additional subjectsend insert with the exclusive representative, the bill would impose a state-mandated local program.
(4)
end deletebegin insert(3)end insert 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 3548 of the Government Code is amended
2to read:
(a) Either a public school employer or the exclusive
4representative may declare that an impasse has been reached
5between the parties in negotiations over matters within the scope
6of representation and may request the board to appoint a mediator
7for the purpose of assisting them in reconciling their differences
8and resolving the controversy on terms that are mutually
9acceptable. If the board determines that an impasse exists, it shall,
10in no event later than 10 working days after the receipt of a request,
11appoint a mediator in accordance with rules as it shall prescribe.
12The mediator shall meet forthwith with the parties or their
13representatives, either jointly or separately, and shall take other
14steps as he or
she may deem appropriate in order to persuade the
15parties to resolve their differences and effect a mutually acceptable
16agreement. The services of the mediator, including any per diem
17fees and actual and necessary travel and subsistence expenses,
18shall be provided by the board without cost to the parties.
19(b) This section shall not be construed to prevent the parties
20from mutually agreeing upon their own mediation procedure and
21in the event of an agreement, the board shall not appoint its own
22mediator, unless failure to do so would be inconsistent with the
23policies of this chapter. If the parties agree upon their own
24mediation procedure, the cost of the services of any appointed
25mediator, unless appointed by the board, including any per diem
P4 1fees and actual and necessary travel and subsistence expenses,
2shall be borne equally by the
parties.
Section 3548.9 is added to the Government Code, to
4read:
At least 30 days before implementation, the public
6school employer shall provide the exclusive representative with
7written notice of the date certain for the implementation of and all
8the terms included in the last, best, and final offer of the public
9school employer.
Section begin delete3549.5 end deletebegin insert3548.91end insert is added to the Government
11Code, to read:
(a) Notwithstanding any other law, a public school
14employer shall not unilaterallybegin delete add language to, delete language implement terms and conditions of employment
15from, or otherwiseend delete
16begin delete inconsistent with a negotiated agreementend deletebegin insert following declaration of
17an impasse unless those terms and conditions have first been
18subject to negotiationend insert
with an exclusive representative.
19(b) If language in a negotiated agreement with an exclusive
20representative is illegal, the public school employer and the
21exclusive representative shall meet and negotiate any change to
22the negotiated agreement to remedy the illegal language.
If the Commission on State Mandates determines that
24this act contains costs mandated by the state, reimbursement to
25local agencies and school districts for those costs shall be made
26pursuant to Part 7 (commencing with Section 17500) of Division
274 of Title 2 of the Government Code.
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