Employee Relations 06/28/2013
The following legislation was heard this week. Counties are encouraged to weigh in with their legislative representatives.
Public Safety
AB 1373 (Perez) - Oppose
As Introduced on February 22, 2013
Assembly Bill 1373, by Assembly Speaker John A. Perez, would
extend, for an amount of time that remains unspecified in the
bill, the statute of limitations for when a claim can be filed
for death benefits for dependents of a firefighter or peace
officer who dies of certain occupational injuries (cancer,
blood-borne infections diseases and tuberculosis). Counties will
recall that Speaker Perez last year carried a substantially
similar bill, AB 2451, that would have extended the statute of
limitations from 240 weeks to 480 weeks; that legislation was
vetoed by the Governor.
Sponsors of AB 1373 maintain that the extension in the bill
remains unspecified to allow for discussions between stakeholders
regarding time periods that will fairly compensate surviving
dependents while maintaining the interests of public agencies to
appropriately plan for potential budget obligations. At a recent
meeting of the Commission on Health and Safety and Workers’
Compensation (CHSWC), a representative from Bickmore Risk
Services presented a report on the potential impacts of AB 1373,
concluding that, due to a lack of usable data (including data
regarding cancer rates of California’s public safety officers
versus the general population, survival rates since the cause of
the safety officer’s death is not always cancer, and the
percentage of safety officers’ cancer diagnoses that are even
reported as workers’ compensation claims), any foresight into the
impact of this legislation on future death benefit claim rates
and, therefore, on benefit payouts made by public agencies, would
be a huge assumption at most.
AB 1373 is now awaiting a vote on the Senate Floor.
SB 313 (de Leon) - Oppose
As Amended on April 24, 2013
Senate Bill 313, by Senator Kevin de Leon, would prohibit a
public agency from taking punitive action against a public safety
officer, or denying promotion on grounds other than merit,
because that officer’s name is placed on a Brady list. The Brady
list is any system, index, list, or other record containing the
names of peace officers whose personnel files are likely to
contain evidence of dishonesty or bias, which is maintained by a
prosecutorial agency or office in accordance with the holding in
Brady v. Maryland.
SB 313 would, however, allow a public agency to take punitive or
personnel action against a public safety officer based on the
underlying acts or omissions for which that officer’s name was
placed on the Brady list, but prohibits the introduction of any
evidence that an officer’s name was placed on a Brady list in any
administrative appeal of a punitive action.
CSAC is concerned that SB 313 could restrict management’s ability
to appropriately discipline peace officers. The bill failed
passage in the Assembly Public Safety Committee on Tuesday, but
was granted reconsideration and will be heard again on July 2.
Contracting Out
SB 556 (Corbett) - Oppose
As Amended on June 19, 2013
Senate Bill 556, by Senator Ellen Corbett, would prohibit
contractors that perform labor or services for a public entity
from displaying a seal, emblem, insignia, trade, brand name, or
any other term, symbol, or content on a vehicle or uniform that
could be interpreted as implying that the labor or services are
being provided by employees of the public agency, unless specific
disclosure requirements are followed.
Counties will recall a substantially similiar bill authored last
year by Assembly Member Bonnie Lowenthal, which CSAC also opposed
as the bill places a significant financial burden on private
businesses that contract with public agencies, a cost that will
likely be shifted to the public entity that contracts for the
service. Further, we are unaware of any problems – in general or
specifically – associated with a private contractor wearing a
similar uniform or having a similar vehicle that cause confusion
for the public and necessitate a need for this change in law.
SB 556 is now awaiting a vote on the Senate Floor
Collective Bargaining
AB 537 (Bonta) – Oppose
As Amended on June 17, 2013
Assembly Bill 537, by Assembly Member Rob Bonta, would prohibit
employers from restricting communication between local agency
representatives and employee representatives as part of labor
negotiation ground rules. This change is contrary to the
understood ban on “direct dealing” where a member of a bargaining
team communicates directly with the members of the union or the
agency. The change is one-sided in that it does not prohibit the
union from seeking a ground rule that the employer cannot
communicate directly with employees. Additionally, the bill would
requires that if a tentative agreement is reached by the
authorized representatives of the public agency and a recognized
employee organization or recognized employee organizations, that
agreement must be presented to the governing body for
determination and the governing body then has 30 days to
reject the tentative agreement or it will be considered adopted.
The MMBA currently states that a tentative agreement is provided
to the governing body for review. Again, this change is one-sided
in that the bill would not bind the employee representatives to
the agreement until ratification by the employees.
The bill makes three changes related to arbitration:
- Applies the provisions of the California Arbitration Act to the enforcement of arbitration agreements under the MMBA;
- Prohibits a rejection of a request for arbitration due to procedural challenges (timelines, failure to exhaust pre-arbitration remedies); and,
- Makes an agreement to arbitrate a dispute enforceable, even if the conduct in question may also constitute an unfair labor practice.
Additionally, AB 537 requires parties to “meet and confer” over
local rules rather than “consultation” and subjects an impasse
over local rules to factfinding procedures.
AB 537 is now awaiting a hearing in the Senate Appropriations
Committee. Counties are encouraged to oppose the bill.
AB 616 (Boacanegra) – Oppose
As Amended on June 17, 2013
Assembly Bill 616, by Assembly Member Raul Bocanegra, would allow
either an employer or an employee representative to seek a
determination from the Public Employment Relations Board (PERB)
as to whether the parties have reached impasse during labor
negotiations and would extend the timeline for an employee
representative to submit a dispute to factfinding.
CSAC is opposed to AB 616. Creating a new process for determining
whether impasse has been reached, rather than allowing local
rules to dictate, adds an unnecessary administrative layer to the
collective bargaining process that will result in delays and
costs to both PERB and counties. Additionally, extending the time
period from 30 to 60 days for the submission of differences to a
factfinding panel will do nothing more than lengthen the
negotiating period to the benefit of the party interested in
maintaining the status quo.
AB 616 awaits a hearing in the Senate Appropriations Committee.
Employee Rights
AB 218 (Dickinson) - Oppose
As Amended on April 10, 2013
Assembly Bill 218, by Assembly Member Roger Dickinson, would,
beginning July 1, 2014, prohibit state agencies and cities,
counties, and special districts from asking an applicant for
employment to disclose information regarding their conviction
history, including on any initial employment application, until
the agency determines that the applicant meets minimum
qualifications for the position. The bill would exempt law
enforcement positions from this requirement.
Counties will recall that Assembly Member Dickinson carried a
substantially similar bill in the 2011-2012 legislative session,
AB 1831. That bill, which was held in the Senate Governance and
Finance Committee and only applied to cities and counties. Like
AB 1831, CSAC opposes AB 218 because it would remove a county’s
discretion to design an employment policy that works locally.
AB 218 will next be heard in the Senate Judiciary Committee on
July 2.