BILL ANALYSIS �
Senate Appropriations Committee Fiscal Summary
Senator Kevin de Le�n, Chair
AB 2126 (Bonta) - Local Public Employees
Amended: May 23, 2014 Policy Vote: PE&R 3-2
Urgency: No Mandate: No
Hearing Date: August 14, 2014
Consultant: Maureen Ortiz
SUSPENSE FILE.
Bill Summary: AB 2126 amends the Meyers-Milias-Brown Act (MMBA)
relating to bargaining impasse and mediation procedures between
local agencies and their respective employee representation
organizations.
Fiscal Impact:
Unknown costs to local agencies for mediation (Local Fund)*
Annual costs of $796,000 to PERB (General Fund)
Exact costs to PERB will be dependent on the number of new
mediation requests each year. The above estimate is based on an
additional 110 requests for mediation, and for up to 480 new
mediation appointments necessitating 2 Attorney PYs, 3
Conciliator PYs, travel, equipment and overhead costs.
*Although AB 2126 is not keyed as a state mandate, the costs of
mediation are divided equally between the public agency employer
and the recognized employee organization. Any increased costs
to local agencies, therefore, may be reimbursable through the
General Fund.
Background: Existing law delegates jurisdiction over the
public 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. However, the City and County of Los Angeles are
provided a local alternative to PERB oversight through the City
of Los Angeles Employee Relations Board and the County of Los
Angeles Employee Relations Commission.
AB 2126 (Bonta)
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The governing body of a local public agency is required to meet
and confer in good faith regarding wages, hours, and other terms
and conditions of employment. The Meyers-Milias-Brown Act
provides a statutory framework for local government
employer-employee relations by providing a reasonable method of
resolving disputes. If, after a reasonable amount of time,
representatives of the public agency and the employee
organization fail to reach agreement, the two parties may
mutually agree on the appointment of a mediator and equally
share the cost.
Existing law also authorizes an employee organization to request
that the parties'
differences be submitted to a factfinding panel not sooner than
30 days following the appointment of a mediator or entering into
a mediation process. If the dispute is 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. If a
factfinding panel is convened, each party selects one member and
the PERB selects a chairperson. The factfinding panel is
required to meet with the parties, either jointly or separately,
within10 days and may make inquiries, investigations, and hold
hearings in order to arrive at its findings and recommendations.
Employers may implement a last, best, and final offer once any
applicable mediation
and factfinding procedures have been exhausted. Employees retain
the right to meet
and confer each year with the employer despite the
implementation of the last, best and final
offer.
Proposed Law: AB 2126 makes the following changes to bargaining
impasse and mediation procedures:
1) Provides that if the public agency and the recognized
employee organization fail to reach agreement after a reasonable
time, either party may request mediation upon providing the
other with a written notice of a declaration of impasse.
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2) 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.
3) Provides that the employee organization's request for
factfinding may include differences that arise from any dispute
over any matter within the scope of representation.
4) Exempts the requirement for mediation to those public
agencies that have a binding arbitration process.
5) Specifically provides that an employee organization may
voluntarily waive in writing the right to request a factfinding
panel.
Related Legislation: This bill is similar to a provision of AB
537 (Bonta) which was amended out of the bill as it moved off of
the Suspense File last year.
Staff Comments: AB 2126 changes the mediation process in the
MMBA from one requiring mutual consent to enter mediation to one
where either party can require mediation by providing the other
party with a written declaration of impasse and requesting
mediation. Thereafter, the parties have 5 days to agree on a
mediator. If
they fail to agree, either party can request PERB to appoint a
mediator which PERB
must do within 5 days of receiving the request.
Staff notes that AB 646, Chapter 680, Statutes of 2011, provided
that an employee organization may request the differences be
referred to a factfinding panel if the mediator is unable to
effect settlement of the controversy within 30 days. The
enactment of that legislation has led to a wave of court
litigation against PERB.
AB 2126 (Bonta)
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