California Legislature—2013–14 Regular Session

Assembly Bill No. 2419

Introduced by Assembly Member Garcia

February 21, 2014

An act to amend Section 3502.5 of the Governemnt Code, relating to public employee relations.

LEGISLATIVE COUNSEL’S DIGEST

AB 2419, as introduced, Garcia. Public employee relations: agency shop arrangements.

Existing law, the Meyers-Milias-Brown Act, regulates labor relations between employees and management of local public agencies. Existing law permits an agency shop agreement to be negotiated between a public agency and a recognized public employee organization that has been recognized as the exclusive or majority bargaining agent and defines an agency shop as an arrangement that requires an employee, as a condition of continued employment, to join the recognized employee organization or to pay the organization a service fee, as specified. Existing law permits an agency shop arrangement to be implemented without negotiation upon submission of a prescribed petition and a specified vote of the employees. Existing law prohibits an agency shop arrangement from applying to management employees.

This bill would delete the prohibition in the Meyers-Milias-Brown Act on the inclusion of management employees in an agency shop arrangement.

Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

The people of the State of California do enact as follows:

SECTION 1.  

Section 3502.5 of the Government Code is
amended to read:

3502.5.  

(a) Notwithstanding Section 3502, any other provision
of this chapter, or any other law, rule, or regulation, an agency
shop agreement may be negotiated between a public agency and
a recognized public employee organization that has been
recognized as the exclusive or majority bargaining agent pursuant
to reasonable rules and regulations, ordinances, and enactments,
in accordance with this chapter. As used in this chapter, “agency
shop” means an arrangement that requires an employee, as a
condition of continued employment, either to join the recognized
employee organization or to pay the organization a service fee in
an amount not to exceed the standard initiation fee, periodic dues,
and general assessments of the organization.

(b) In addition to the procedure prescribed in subdivision (a),
an agency shop arrangement between the public agency and a
recognized employee organization that has been recognized as the
exclusive or majority bargaining agent shall be placed in effect,
without a negotiated agreement, upon (1) a signed petition of 30
percent of the employees in the applicable bargaining unit
requesting an agency shop agreement and an election to implement
an agency fee arrangement, and (2) the approval of a majority of
employees who cast ballots and vote in a secret ballot election in
favor of the agency shop agreement. The petition may be filed
only after the recognized employee organization has requested the
public agency to negotiate on an agency shop arrangement and,
beginning seven working days after the public agency received
this request, the two parties have had 30 calendar days to attempt
good faith negotiations in an effort to reach agreement. An election
that may not be held more frequently than once a year shall be
conducted by the California State Mediation and Conciliation
Service in the event that the public agency and the recognized
employee organization cannot agree within 10 days from the filing
of the petition to select jointly a neutral person or entity to conduct
the election. In the event of an agency fee arrangement outside of
an agreement that is in effect, the recognized employee
organization shall indemnify and hold the public agency harmless
against any liability arising from a claim, demand, or other action
relating to the public agency’s compliance with the agency fee
obligation.

(c) An employee who is a member of a bona fide religion, body,
or sect that has historically held conscientious objections to joining
or financially supporting public employee organizations shall not
be required to join or financially support a public employee
organization as a condition of employment. The employee may
be required, in lieu of periodic dues, initiation fees, or agency shop
fees, to pay sums equal to the dues, initiation fees, or agency shop
fees to a nonreligious, nonlabor charitable fund exempt from
taxation under Section 501(c)(3) of the Internal Revenue Code,
chosen by the employee from a list of at least three of these funds,
designated in a memorandum of understanding between the public
agency and the public employee organization, or if the
memorandum of understanding fails to designate the funds, then
to a fund of that type chosen by the employee. Proof of the
payments shall be made on a monthly basis to the public agency
as a condition of continued exemption from the requirement of
financial support to the public employee organization.

(d) An agency shop provision in a memorandum of
understanding that is in effect may be rescinded by a majority vote
of all the employees in the unit covered by the memorandum of
understanding, provided that: (1) a request for that type of vote is
supported by a petition containing the signatures of at least 30
percent of the employees in the unit, (2) the vote is by secret ballot,
and (3) the vote may be taken at any time during the term of the
memorandum of understanding, but in no event shall there be more
than one vote taken during that term. Notwithstanding the above,
the public agency and the recognized employee organization may
negotiate, and by mutual agreement provide for, an alternative
procedure or procedures regarding a vote on an agency shop
agreement. The procedures in this subdivision are also applicable
to an agency shop agreement placed in effect pursuant to
subdivision (b).

begin delete

(e) An agency shop arrangement shall not apply to management
employees.

end delete begin delete

(f)

end delete

begin insert (e) end insert  A recognized employee organization that has agreed to an
agency shop provision or is a party to an agency shop arrangement
shall keep an adequate itemized record of its financial transactions
and shall make available annually, to the public agency with which
the agency shop provision was negotiated, and to the employees
who are members of the organization, within 60 days after the end
of its fiscal year, a detailed written financial report thereof in the
form of a balance sheet and an operating statement, certified as to
accuracy by its president and treasurer or corresponding principal
officer, or by a certified public accountant. An employee
organization required to file financial reports under the federal
Labor-Management Reporting and Disclosure Act of 1959 (29
U.S.C. Sec. 401 et seq.) covering employees governed by this
chapter, or required to file financial reports under Section 3546.5,
may satisfy the financial reporting requirement of this section by
providing the public agency with a copy of the financial reports.