Amended in Senate August 19, 2014

Amended in Senate June 25, 2014

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 begin delete Sections end delete begin insert Section end insert 3548.9 begin delete and 3548.91 end delete 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 to form, join, and participate in the activities of employee organizations 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 of an appropriate unit for purposes of meeting and negotiating, as defined, with a public school employer. 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 would increase the time allowed for the board to appoint a mediator, as described above, to 10 working days after the receipt of a request. The bill would also make technical changes in these provisions.

(2) Existing law begin insert authorizes, if the mediator is unable to effect settlement of the controversy within 15 days after the mediator’s appointment and the mediator declares that factfinding is appropriate to the resolution of the impasse, either party to request that their differences be submitted to a factfinding panel, as specified. Existing law requires the panel, if the dispute is not settled within 30 days after its appointment, to make findings of fact and recommend terms of settlement. Existing law requires the public school employer to make these findings and recommendations public within 10 days after their receipt. Existing law end insert prohibits certain laws 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 would require the public school begin delete employer end delete begin insert employer, after impasse procedures have been completed and the public school employer has made the factfinding panel’s recommendations and findings public, end insert to provide written notice to the exclusive representative of the date for the implementation begin delete of, and all end delete begin insert of each of end insert 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.

begin delete

The bill would prohibit a public school employer from unilaterally implementing terms and conditions of employment following declaration of an impasse unless those terms and conditions have first been subject to negotiation with an exclusive representative. The bill would also require, if language in a negotiated agreement is illegal, that the public school employer and the exclusive representative meet and negotiate any change to the negotiated agreement to remedy the illegal language. By requiring a public school employer to meet and negotiate on additional subjects with the exclusive representative, the bill would impose a state-mandated local program.

end delete

(3) 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 that 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 rules as it shall prescribe.
The mediator shall meet forthwith with the parties or their
representatives, either jointly or separately, and shall take 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
fees 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 an 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
fees 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:

3548.9.  

begin delete At end delete begin insert After the impasse procedures have been completed
and the public school employer has made the factfinding panel’s
recommendations and findings public pursuant to subdivision (a)
of Section 3548.3, and at end insert least 30 days before begin delete implementation, end delete
begin insert implementation of each term of the public school employer’s last,
best, and final offer, end insert the public school employer shall provide the
exclusive representative with written notice of the date certain for
the implementation of begin delete and all end delete begin insert each of end insert the terms included in the
last, best, and final offer of the public school employer.

begin delete

SEC. 3.  

Section 3548.91 is added to the Government Code, to
read:

3548.91.  

(a) Notwithstanding any other law, a public school
employer shall not unilaterally implement terms and conditions
of employment following declaration of an impasse unless those
terms and conditions have first been subject to negotiation 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.

end delete

begin delete SEC. 4. end delete
begin insert SEC. 3. end insert   

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.