BILL ANALYSIS �
Senate Appropriations Committee Fiscal Summary
Senator Kevin de Le�n, Chair
AB 1550 (Rendon) - School Employees: Collective Bargaining
Amended: June 25, 2014 Policy Vote: PE&R 3-2
Urgency: No Mandate: Yes
Hearing Date: August 14, 2014
Consultant: Maureen Ortiz
SUSPENSE FILE. AS AMENDED.
Bill Summary: AB 1550 amends impasse procedures under the
Educational Employment Relations Act (EERA).
Fiscal Impact:
Unknown additional costs to school employers (General Fund)
School employers indicate unknown, but potentially significant
costs if the implementation of a Last, Best, and Final Offer is
delayed due to the 30 day notice requirement.
Background: The Educational Employment Relations Act (EERA)
provides for collective bargaining in California's public
schools (K-12) and community colleges. The Public Employment
Relations Board (PERB) has broad authority to enforce the EERA
with regard to labor relations activities between a public
school and its employees.
Under existing law, either a public school employer or the
exclusive representative may declare that an impasse has been
reached between the parties in negotiations over matters that
are within the scope of representation, and may request PERB 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
than an impasse exists, it must appoint a mediator within five
working days. The mediator meets with both parties, either
together or separately, to persuade the parties to resolve their
differences and effect a mutually acceptable agreement.
Proposed Law: AB 1550 amends impasse procedures under the
Educational Employment Relations Act to require the following:
AB 1550 (Rendon)
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1) An additional 5 days for the appointment of a mediator by
the Public Employment Relations Board.
2) A 30-day prior written notice requirement on the school
employer of the implementation date and term details of its
last, best, and final offer (LBFO).
3) A prohibition on the 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.
4) A requirement to meet and negotiate over remedies for any
terms of the agreement found to be unlawful.
Staff Comments: Existing law establishes impasse procedures
which provide that either the employer or the employee
organization may declare that an impasse exists. If PERB
determines that is the case, it must appoint a mediator who must
meet with the parties in an effort to resolve the differences.
Should the mediator not effect a settlement within 15 days of
his or her appointment, PERB must appoint a factfinding panel on
request of either party; the factfinding panel must conduct its
operations according to statutory guidelines.
The recommendations of the factfinding panel are advisory, but
the public school employer must make public the findings and
recommendations within 10 days of receipt. The employer must
also negotiate if there is anything to negotiate. If no
agreement is reached, the employer has the right to make the
final decision on all matters within the scope of
representation. Therefore, the employer can unilaterally
implement its Last, Best, and Final Offer at the conclusion of
impasse proceedings.
AB 1550 requires the public school employer to provide the
employee representation organization with a 30 day notice before
implementing its Last, Best, and Final Offer.
Authors amendments (as approved August 14, 2014): Amendments
make clarifying changes.
AB 1550 (Rendon)
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