BILL ANALYSIS �
AB 2126
Page 1
Date of Hearing: April 2, 2014
ASSEMBLY COMMITTEE ON PUBLIC EMPLOYEES, RETIREMENT AND SOCIAL
SECURITY
Rob Bonta, Chair
AB 2126 (Bonta) - As Amended: March 26, 2014
SUBJECT : Meyers-Milias-Brown Act: mediation.
SUMMARY : Authorizes, under the Meyers-Milias-Brown Act (MMBA),
either party to be able to request mediation if they fail to
reach agreement during the collective bargaining process, as
specified, and clarifies that the factfinding process can be
invoked over impasse on any issue within the scope of
representation. Specifically, this bill :
1)Allows either the public agency or the recognized employee
organization to request mediation if they fail to reach
agreement instead of requiring that both parties agree to
proceed to mediations.
2)Requires that the parties agree upon the appointment of a
mediator within five days of the request.
3)Specifies that if the parties fail to agree on the appointment
of a mediator, either party may request the Public Employment
Relations Board (PERB) appoint a mediator and requires PERB to
appoint the mediator within five days of receiving the
request.
4)Clarifies that included in the differences that may be
submitted to a factfinding panel are 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.
5)Clarifies that the factfinding panel, when arriving at their
findings and recommendations, is to be guided by those
specified criteria that the factfinders deem relevant to the
dispute.
6)Clarifies that the procedural right of an employee
organization to request a factfinding panel may be voluntarily
AB 2126
Page 2
waived in writing by the organization.
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)Under MMBA, authorizes local public agencies to adopt
reasonable rules and regulations after consultation in good
faith with representatives of an employee organization or
organizations.
3)Requires a public agency to meet and confer in good faith with
the representatives of a recognized employee organization
regarding wages, hours, and other terms and conditions of
employment.
4)Delegates jurisdiction over the employer-employee relationship
to PERB and charges PERB with resolving disputes and enforcing
the statutory duties and rights of local public agency
employers and employee organizations.
5)Provides that if, after a reasonable amount of time,
representatives of the public agency and the employee
organization fail to reach agreement, the two parties may
agree together on the appointment of a mutually agreeable
mediator and share equally in the cost of the mediator.
6)Authorizes an employee organization to 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 of a mediator or entering into a mediation
process. 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 either party provided the other
with written notice of a declaration of impasse.
7)Authorizes the fact-finding panel to make inquiries and
investigations, hold hearings, and take any other steps it
deems appropriate, and to issue subpoenas requiring the
attendance and testimony of witnesses and the production of
AB 2126
Page 3
witnesses.
8)Requires state and local public agencies, if requested by the
panel, to furnish the panel with all records, papers and
information in their possession relating to any matter under
investigation by the panel.
9)Specifies the criteria the fact-finding panel should be guided
by in arriving at their findings and recommendations.
10)Specifies that the procedural right of an employee
organization to request a factfinding panel cannot be
expressly or voluntarily waived.
11)Requires the fact-finding panel to make findings of fact and
recommend terms of a settlement if the dispute is not settled
within 30 days. This information must first be provided to
the parties before being made available to the public.
12)Requires the costs of the chairperson of the fact-finding
panel to be paid for by both parties whether or not PERB
selected the chairperson. Any other costs incurred will be
borne equally by the parties, as specified.
13)Allows an employer to implement their last, best and final
offer once any applicable mediation and fact-finding
procedures have been exhausted and despite the implementation
of the best and final offer, allows a recognized employee
organization the right each year to meet and confer.
FISCAL EFFECT : Unknown.
COMMENTS : According to the sponsor, the California
Professional Firefighters, "This bill conforms the mediation
provisions of the MMBA to those provisions of the Educational
Employment Relations Act (EERA), the Dills Act and the Higher
Education Employer-Employee Relations Act (HEERA), thereby
requiring mediation when requested by either party.
Without conforming the mediation provisions of MMBA to the
mediations provisions of EERA, the Dills Act and HEERA,
obstructionist parties governed by the MMBA will continue to
employ tactics to reject compromise or rush to impasse, thereby
blocking the other party's attempt to request mediation in an
effort to resolve differences. Further, conforming the law in
AB 2126
Page 4
the manner proposed by AB 2126 will ensure that all parties
remain at the bargaining table while receiving valuable
mediation assistance up to the point where either an agreement
is reached or one of the parties declares an impasse."
Regarding the factfinding provisions of the bill, in 2011, the
legislature passed AB 646 which instituted a factfinding process
that could be invoked by employee organizations under the MMBA
after a "written notice of a declaration of impasse" or after a
mediation process agreed upon by the parties or by local rule.
PERB subsequently promulgated regulations to implement the law,
and in 2012 the Legislature passed AB 1606, in part to codify
those regulations.
According to supporters, "Some doubt has arisen as to whether
the statutory factfinding process can be invoked over impasse on
any issue within the scope of representation, or whether the
process is limited to disputes over the negotiation of a
memorandum of understanding. In two pending state court cases,
public agencies have asserted the latter position. See San Diego
Housing Commission v. PERB (San Diego County Superior Court Case
No. 37-2012-00087278) (filed as a writ of mandate on December
10, 2012); County of Riverside v. PERB (Riverside County
Superior Court Case No. RIC 1305661) (filed as writ of mandate
on May 10, 2013). In the Riverside case, the superior court has
granted an injunction in favor of the County adopting its
interpretation and ordering PERB to dismiss pending factfinding
cases that arise from negotiations of 'single meet and confer
issues and not from negotiations after impasse after collective
bargaining for a new or successor MOU.'
"Similarly, on January 31, 2014 the San Diego court held that,
'PERB's construction that the factfinding provisions of the MMBA
apply to an impasse arising out of negotiations other than for a
MOU, including an impasse in a dispute over the effects and
impacts of an employee layoff, is clearly erroneous.' Both,
PERB and the union involved have filed notices of appeal of the
court's decision."
Supporters conclude, "The preferred and most efficient manner is
to add a new subsection making clear that factfinding applies to
all bargainable disputes."
The California Association of Sanitation Agencies (CASA) states
in their opposition letter to the bill, "CASA believe that the
AB 2126
Page 5
provision in AB 2126 would unfairly benefit employee
organizations by altering the current standard of mutual consent
for requesting mediation, which our agencies believe is fair and
adequate. In particular, CASA is concerned that this bill will
give the employee organizations the ability to claim impasse
without input form the local agency thus diminishing the
negotiating power of local agencies. CASA believes that current
impasse law is fair and adequate and that local agencies should
maintain control of their management rights."
The provisions of this bill are similar to one of the provisions
included in AB 537 (Bonta), Chapter 785, Statutes of 213. These
provisions, however, were deleted from the bill prior to
passage.
AB 1606 (Perea), Chapter 314, Statutes of 2012, authorized an
employee organization to request that the parties' differences
be submitted to a fact-finding panel not sooner than 30 days,
but not more than 45 days, following the appointment of a
mediator or entering into a mediation process. If the dispute
was not submitted to mediation, an employee organization may
request that the parties' differences be submitted to a
fact-finding panel not later than 30 days following the date
either party provided the other with written notice of a
declaration of impasse.
AB 646 (Atkins), Chapter 680, Statutes of 2011, allowed local
public employee organizations to request fact-finding if a
mediator is unable to reach a settlement within 30 days of
appointment, defines certain responsibilities of the
fact-finding panel and interested parties, and made specified
exemptions from these provisions.
REGISTERED SUPPORT / OPPOSITION :
Support
California Professional Firefighters (Sponsor)
American Federation of State, County and Municipal Employees
(Co-Sponsor)
Glendale City Employees Association
Organization of SMUD Employees
San Bernardino Public Employees Association
San Luis Obispo County Employees Association
Santa Rosa City Employees Association
AB 2126
Page 6
Opposition
California Association of Sanitation Agencies
California Special Districts Association
Analysis Prepared by : Karon Green / P.E., R. & S.S. / (916)
319-3957