BILL ANALYSIS �
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|SENATE RULES COMMITTEE | AB 2126|
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THIRD READING
Bill No: AB 2126
Author: Bonta (D), et al.
Amended: 5/23/14 in Assembly
Vote: 21
SENATE PUBLIC EMPLOYMENT & RETIREMENT COMM. : 3-2, 6/23/14
AYES: Torres, De Le�n, Steinberg
NOES: Walters, Gaines
SENATE APPROPRIATIONS COMMITTEE : 5-0, 8/14/14
AYES: De Le�n, Hill, Lara, Padilla, Steinberg
NO VOTE RECORDED: Walters, Gaines
ASSEMBLY FLOOR : 54-22, 5/29/14 - See last page for vote
SUBJECT : Meyers-Milias-Brown Act: mediation
SOURCE : AFSCME
California Professional Firefighters
SEIU
DIGEST : This bill amends the Meyers-Milias-Brown Act (MMBA)
relating to bargaining impasse and mediation procedures between
local agencies and their respective employee representation
organizations.
ANALYSIS :
Existing law:
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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. 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
mutually agree on the appointment of a mediator and equally
share the cost.
4. Creates a statutory framework and process for factfinding,
defining the duties and rights of the parties.
5. Allows an employer to implement its last, best, and final
offer after any applicable mediation and factfinding
procedures have been exhausted. A recognized employee
organization retains the right to meet and confer each year
with the employer despite the implementation of the last,
best and final offer.
6. Requires factfinders, in arriving at their findings and
recommendations, to consider weigh, and be guided by all of
the following criteria:
A. State and federal laws that are applicable to the
employer;
B. Local rules, regulations, or ordinances;
C. Stipulations of the parties;
D. The interests and welfare of the public and the
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financial ability of the public agency;
E. 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; and
F. The consumer price index for goods and services,
commonly known as the cost of living.
1. 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.
2. Any other facts 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.
3. Provides that the procedural right of an employee
organization to request a factfinding panel cannot be
expressly or voluntarily waived.
This bill:
1. Mediation . Changes the mediation process in the MMBA from
one requiring mutual consent to enter mediation to one where
either party can require the parties enter mediation by
providing the other party with a written declaration of
impasse and requesting mediation. Thereafter, the parties
have five 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 five days of receiving the request.
2. Exception for public agencies with binding arbitration .
Exempts from the requirement for mediation those public
agencies that have a procedure that applies if an impasse has
been reached between the public agency and a bargaining unit
and the procedure includes, at a minimum, a process for
binding arbitration.
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3. Factfinding not limited to issues from bargaining impasse .
Clarifies that 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 and are not limited to negotiations after
impasse after collective bargaining for a new or successor
MOU.
4. Flexibility for factfinder deliberations . Gives factfinder
panel members greater flexibility in arriving at their
findings and recommendations by providing that they need only
consider, weigh, and be guided by the criteria, as specified,
that the factfinders deem to be relevant to the dispute.
5. Waiver of procedural right to request factfinding . Provides
that an employee organization may voluntarily waive in
writing the right to request a factfinding panel. This bill
reverses existing law's prohibition against the waiver.
6. Factfinding provisions are declaration of existing law .
Finds and declares that the amendments made by the MMBA to
provisions applicable to factfinding procedures are
clarifying and declaratory of existing law.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
According to the Senate Appropriations Committee:
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 two Attorney PYs, three
Conciliator PYs, travel, equipment and overhead costs.
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*Although this bill 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.
SUPPORT : (Verified 8/27/14)
AFSCME (co-source)
California Professional Firefighters (co-source)
SEIU (co-source)
Association for Los Angeles Deputy Sheriffs
California Teamsters Public Affairs Council
California Association of Professional Employees
California Federation of Teachers
California School Employees Association
Glendale City Employees Association
Los Angeles County Probation Officers Union
Los Angeles Police Protective League
Organization of SMUD Employees
Riverside Sheriffs' Association
San Bernardino Public Employees Association
San Luis Obispo County Employees Association
Santa Rosa City Employees Association
OPPOSITION : (Verified 8/15/14)
Association of California Cities - Orange County
Association of California Healthcare Districts
California Association of Sanitation Agencies
California State Association of Counties
California Special Districts Association
Cities of: Cerritos, Fountain Valley, Glendora, Hanford,
Palmdale, Palo Alto,
Rancho Cordova, Rancho Cucamonga, Redding, Roseville,
Salinas,
San Francisco, Santa Barbara, Turlock, Visalia
Counties of: Contra Costa Fresno, Kern, Madera, Marin, Placer,
Sacramento,
San Bernardino, San Francisco
Kern County Cemetery District #1
League of California Cities
Redwood City
Rural County Representatives of California
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San Joaquin County
Solano County
Tuolumne County Chamber of Commerce
Urban Counties Caucus
ARGUMENTS IN SUPPORT : According to the author's office, there
is a need to conform the MMBA to the other employee relations
Acts in a manner that enables both employers and employee
organizations to be extended access to the assistance and
expertise of a mediator when either party recognizes that their
dispute could benefit from such assistance and expertise.
According to the California Professional Firefighters, "without
conforming the mediation provisions of MMBA to the mediation
provisions of EERA, the Dills Act and HEERA, obstructionist
parties governed by 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
their differences. Further, conforming the law in 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."
According to AFSCME, "By allowing either negotiating party to
request mediation, this bill will reduce the likelihood of a
deadlock and allow local government employees to continue
working under a fairly negotiated agreement."
ARGUMENTS IN OPPOSITION : According to the League of
California Cities, under this bill, factfinders will only have
to be guided by criteria that the factfinders deem relevant to
the dispute. In other words, with a 2-1 vote, the factfinders
could focus only on comparing wages, hours, and conditions with
other agencies, and not -for instance - deem relevant the local
agency's financial condition.
The net effect of this bill is to erode incentives for employee
organizations to work with public employers to reach agreement
in good-faith collective bargaining. PERB nominated mediators
and factfinders will be inclined to be sympathetic with employee
perspectives and have no responsibility for the financial health
and stewardship of the affected local agency.
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ASSEMBLY FLOOR : 54-22, 5/29/14
AYES: Alejo, Ammiano, Bloom, Bocanegra, Bonilla, Bonta,
Bradford, Brown, Buchanan, Ian Calderon, Campos, Chau, Cooley,
Dababneh, Daly, Dickinson, Eggman, Fong, Fox, Frazier, Garcia,
Gatto, Gomez, Gonzalez, Gordon, Gray, Hall, Roger Hern�ndez,
Holden, Jones-Sawyer, Levine, Lowenthal, Medina, Mullin,
Muratsuchi, Nazarian, Pan, Perea, John A. P�rez, V. Manuel
P�rez, Quirk, Quirk-Silva, Rendon, Ridley-Thomas, Rodriguez,
Salas, Skinner, Stone, Ting, Weber, Wieckowski, Williams,
Yamada, Atkins
NOES: Achadjian, Allen, Bigelow, Ch�vez, Conway, Dahle,
Donnelly, Beth Gaines, Gorell, Grove, Hagman, Jones, Linder,
Logue, Maienschein, Mansoor, Melendez, Nestande, Olsen,
Wagner, Waldron, Wilk
NO VOTE RECORDED: Chesbro, Harkey, Patterson, Vacancy
JL:d 8/27/14 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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