BILL NUMBER: AB 2126 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MARCH 26, 2014
INTRODUCED BY Assembly Member Bonta
( Principal coauthor: Senator
Beall )
FEBRUARY 20, 2014
An act to amend Section 3505.2 Sections
3505.2 and 3505.4 of the Government Code, relating to public
employment.
LEGISLATIVE COUNSEL'S DIGEST
AB 2126, as amended, Bonta. Meyers-Milias-Brown Act: mediation.
The Meyers-Milias-Brown Act requires the governing body of a local
public agency to meet and confer in good faith regarding wages,
hours, and other terms and conditions of employment with
representatives of a recognized employee organization. The act
requires, if a tentative agreement is reached and the governing body
adopts the tentative agreement, that the parties prepare jointly a
non binding written memorandum of understanding of the agreement.
Under existing law, if representatives of the public employee agency
and the recognized employee organization fail to reach agreement, the
parties may agree together upon the appointment of a mutually
agreeable mediator.
This bill instead would permit either party to request mediation
and would require the parties to agree upon a mediator. If the
parties cannot agree upon a mediator, the bill would authorize either
party to request the board to mappoint a mediation
appoint a mediator . The bill would require the
board to appoint a mediator within 5 days after receipt of the party'
s request, as prescribed.
The Meyers-Milias-Brown Act requires the Public Employment
Relations Board to determine in disputed cases whether a particular
item is within or without the scope of representation. Existing law
requires the governing body of a local public agency, or those
boards, commissions, administrative officers, or other
representatives as may be properly designated by law or by a
governing body, to meet and confer in good faith regarding wages,
hours, and other terms and conditions of employment with
representatives of recognized employee organizations. Existing law
authorizes an employee organization to request that the parties'
differences be submitted to a factfinding panel not sooner than 30
days or more than 45 days following the appointment or selection of a
mediator pursuant to the parties' agreement to mediate or a
mediation process required by a public agency's local rules. Existing
law authorizes an employee organization, if the dispute was not
submitted to a mediation, to request that the parties' differences be
submitted to a factfinding panel not later than 30 days following
the date that either party provided the other with a written notice
of a declaration of impasse. Existing law prohibits an employee
organization's procedural right to request a factfinding panel from
being waived expressly or voluntarily.
This bill would authorize differences under these provisions to
include those differences that arise from any dispute over any matter
within the scope of representation as to which an obligation to meet
and confer exists, and are not limited to negotiations after impasse
after collective bargaining for a new or successor memorandum of
understanding. The bill would limit the criteria that the factfinders
would be required to consider to those criteria that the factfinders
deem relevant to the dispute. The bill would authorize an employee
organization to voluntarily waive the right to request a factfinding
panel, in writing. The bill would include legislative findings and
declarations that certain of these amendments are clarifying and
declaratory of existing law.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 3505.2 of the Government Code is amended to
read:
3505.2. If after a reasonable period of time, representatives of
the public agency and the recognized employee organization fail to
reach agreement, either the public agency or the recognized employee
organization or recognized employee organizations may request
mediation. Within five days of a request by one of the parties, both
of the parties shall agree upon the appointment of a mediator
mutually agreeable to the parties. If the parties fail to agree upon
the selection of a mediator within five days, either party may
request that the board appoint a mediator. No later than five days
after the receipt of either party's request, the board shall appoint
a mediator in accordance with the rules prescribed by the board.
Costs of mediation shall be divided one-half to the public agency and
one-half to the recognized employee organization or recognized
employee organizations.
SEC. 2. Section 3505.4 of the
Government Code is amended to read:
3505.4. (a) (1) The employee organization
may request that the parties' differences be submitted to a
factfinding panel not sooner than 30 days, but not more than 45 days,
following the appointment or selection of a mediator pursuant to the
parties' agreement to mediate or a mediation process required by a
public agency's local rules. If the dispute was not submitted to
mediation, an employee organization may request that the parties'
differences be submitted to a factfinding panel not later than 30
days following the date that either party provided the other with a
written notice of a declaration of impasse. Within five days after
receipt of the written request, each party shall select a person to
serve as its member of the factfinding panel. The Public Employment
Relations Board shall, within five days after the selection of panel
members by the parties, select a chairperson of the factfinding
panel.
(2) For purposes of paragraph (1), differences between the parties
that are subject to a request by the employee organization for
submission to a factfinding panel may include differences that arise
from any dispute over any matter within the scope of representation
as to which an obligation to meet and confer exists under Section
3505 and are not limited to negotiations after impasse after
collective bargaining for a new or successor memorandum of
understanding.
(b) Within five days after the board selects a chairperson of the
factfinding panel, the parties may mutually agree upon a person to
serve as chairperson in lieu of the person selected by the board.
(c) The panel shall, within 10 days after its appointment, meet
with the parties or their representatives, either jointly or
separately, and may make inquiries and investigations, hold hearings,
and take any other steps it deems appropriate. For the purpose of
the hearings, investigations, and inquiries, the panel shall have the
power to issue subpoenas requiring the attendance and testimony of
witnesses and the production of evidence. Any state agency, as
defined in Section 11000, the California State University, or any
political subdivision of the state, including any board of education,
shall furnish the panel, upon its request, with all records, papers,
and information in their possession relating to any matter under
investigation by or in issue before the panel.
(d) In arriving at their findings and recommendations, the
factfinders shall consider, weigh, and be guided by all the following
criteria that the factfinders deem to be relevant to the
dispute :
(1) State and federal laws that are applicable to the employer.
(2) Local rules, regulations, or ordinances.
(3) Stipulations of the parties.
(4) The interests and welfare of the public and the financial
ability of the public agency.
(5) Comparison of the wages, hours, and conditions of employment
of the employees involved in the factfinding proceeding with the
wages, hours, and conditions of employment of other employees
performing similar services in comparable public agencies.
(6) The consumer price index for goods and services, commonly
known as the cost of living.
(7) The overall compensation presently received by the employees,
including direct wage compensation, vacations, holidays, and other
excused time, insurance and pensions, medical and hospitalization
benefits, the continuity and stability of employment, and all other
benefits received.
(8) Any other facts factors , not
confined to those specified in paragraphs (1) to (7), inclusive,
which are normally or traditionally taken into consideration in
making the findings and recommendations.
(e) The procedural right of an employee organization to request a
factfinding panel cannot be expressly or voluntarily waived
may be voluntarily waived, in writing, by the
organization .
SEC. 3. The Legislature finds and declares that
the amendments made by this act to subdivisions (a) and (d) of
Section 3505.4 of the Government Code are clarifying and declaratory
of existing law.