BILL ANALYSIS �
AB 1881
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Date of Hearing: April 23, 2014
ASSEMBLY COMMITTEE ON PUBLIC EMPLOYEES, RETIREMENT AND SOCIAL
SECURITY
Rob Bonta, Chair
AB 1881 (Jone-Sawyer) - As Amended: March 28, 2014
SUBJECT : Public employee relations: Los Angeles.
SUMMARY : Establishes requirements for appointments to the
County of Los Angeles (County) and the City of Los Angeles
(City) employee relations commissions and prohibits specified
actions when contracting for services with a commission member
or hearing officer. Specifically, this bill :
1)Requires that appointments to an employee relations commission
in the City of Los Angeles or County of Los Angeles comply
with the following:
a) Be made from a list of nominees jointly submitted by the
chief executive officer of the County or by the chief
administrative officer of the City, as applicable, and a
committee composed of recognized employee organizations;
b) The list of nominees must be submitted to the appointing
authority within 30 days before the expiration of a
member's term or before 30 days have elapsed after the
creation of a vacancy;
c) The appointing authority must make the appointment
within 30 days of the list of nominees being submitted.
d) The appointee is prohibited, while serving on an
employee relations commission, from consulting or providing
representation or advice on employee relations to any
public or private employer or employee organization. The
appointee may act as a professional neutral party in other
capacities.
2)Prohibits the City or County, when contracting for services
with a commission member or hearing officer, as specified,
from doing either of the following:
a) Requiring that the commission member or hearing officer
agree to indemnify or hold harmless the County or City or
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maintain specified liability or malpractice insurance; and,
b) Withholding or reducing payment for the services of a
commission member or hearing officer after services are
rendered.
3)Specifies that these provisions may be enforced by an action
for a writ of mandate.
EXISTING LAW :
1)Establishes the MMBA, which provides a statutory framework for
local government employer-employee relations by providing a
reasonable method of resolving disputes regarding wages,
hours, and other terms and conditions of employment between
local public employers and public employee organizations.
2)Establishes PERB as a quasi-judicial administrative agency
charged with administering the collective bargaining statutes
covering employees of California's public schools, colleges,
and universities, employees of the State of California,
employees of California local public agencies (cities,
counties and special districts), trial court employees and
supervisory employees of the Los Angeles County Metropolitan
Transportation Authority.
3)Establishes PERB as the state agency that has the power and
duty to investigate an unfair practice charge and to determine
whether the charge is justified and, if so, the appropriate
remedy.
4)Specifies that for the County of Los Angeles and the City of
Los Angeles the employee relations commission, not PERB, has
the power and responsibility to take action on recognition,
unit determinations, elections, and all unfair practices, and
to issue determinations and orders as it deems necessary,
consistent with the MMBA.
FISCAL EFFECT : Unknown.
COMMENTS : The Los Angeles City Employee Relations Board (ERB)
was created in January 1971 when the Los Angeles City Council
adopted the Employee Relations Ordinance (Chapter 8, Division 4,
Sections 4.801 through 4.890 of the Los Angeles Administrative
Code.) That ordinance establishes policies and procedures for
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the administration of employer-employee relations in City
government. It provides for the formal recognition of employee
organizations that represent City employees and establishes
procedures for the resolution of disputes regarding wages,
hours, and other terms and conditions of employment. The
Employee Relations Ordinance was adopted pursuant the MMBA.
That law mandates meeting and conferring between local
government agencies and organizations of the employees of such
agencies.
The Employee Relations Board has five part-time members, "who
shall have broad experience in the field of employee relations
and shall possess the impartiality necessary to protect the
public interest including the interests of the City and its
employees." They are appointed by the Mayor and confirmed by
the City Council and serve terms of five years.
The stated mission of the ERB is to administer the City's
Employee Relations Ordinance (ERO). "Its functions in so doing
include determining employee representation units, arranging for
elections in such units, determining the validity of claims of
unfair practices filed against management and employee
organizations, acting on requests for mediation, fact finding
and arbitration to resolve bargaining impasses and grievances
and assisting employees to obtain access to their personnel file
pursuant to California Labor Code section 1198.5."
The Los Angeles County Employee Relations Commission (ERCOM) is
the administrative body that governs labor relations for the
County. ERCOM determines appropriate bargaining units, who will
represent them, and what classifications will be represented in
each unit. ERCOM also decides whether or not anyone has
violated the Employee Relations Ordinance (ERO), and if so, how
it should be remedied.
Prior to September 2013, the three members of ERCOM were
appointed by the Board of Supervisors from a list of nominees
jointly developed by County management and employee unions. In
September of 2013, the Board of Supervisors unilaterally revised
the ERO establishing new procedures for appointing the three
members of ERCOM and compensating commissioners for work
performed on behalf of ERCOM.
According to supporters, "Historically, the Commissioners of the
City of Los Angeles' Employee Relations' Board (ERB) and the Los
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Angeles County Employer Relation's Board (ERCOM) were selected
by a joint mutual selection process designed to ensure fairness
and impartiality. The mutual selection process ensured
confidence and trust from both labor and management."
"Recent unilateral actions taken by the Mayor of Los Angeles
with respect to ERB, and the Los Angeles County Board of
Supervisors with respect to ERCOM, changed the practice of
selecting mutually agreed neutral and impartial Commissioners.
Moreover, the County also imposed a new condition requiring that
hearing officers hold harmless and indemnify the County for any
decision rendered which may adversely affect the County. On
September 9, 2013, the entire ERCOM Commission resigned in the
wake of the County's unilateral and draconian actions."
Supporters conclude, "Fair hearings are essential to successful
labor relations. AB 1881 restores the historical joint mutual
selection process for Commissioners for both the City and County
of Los Angeles, and prohibits the unfair labor practice of
requiring hearing officers to hold harmless and indemnify the
governing body."
REGISTERED SUPPORT / OPPOSITION :
Support
American Federation of State, County and Municipal Employees
(Sponsor)
Association for Los Angeles Deputy Sheriffs
California Association of Professional Employees
California Professional Firefighters
Coalition of County Unions
Los Angeles County Professional Peace Officers Association
Los Angeles Deputy Probation Officers Union, AFSCME Local 685
Los Angeles Police Protective League
Los Angeles Probation Officers' Union
Union of American Physicians and Dentists
United Firefighters of Los Angeles City
Opposition
None on File
Analysis Prepared by : Karon Green / P.E., R. & S.S. / (916)
319-3957
AB 1881
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