Employee Relations 08/26/2011
The following bills are awaiting a vote on the Senate Floor; they
are of utmost important to counties, as both will have a
significant impact on the collective bargaining process.
CSAC is in strong opposition to both pieces of
legislation, and urge counties to contact their respective
Senators to relay concern.
AB 646 (Atkins) – Oppose
As Amended on June 22, 2011
AB 646, by Assembly Member Toni Atkins, would authorize an
employee organization, if a mediator is unable to effect
settlement of a contract impasse within 30 days of his or her
appointment, to request that the matter be submitted to a
factfinding panel.
The bill would require that the factfinding panel consist of one
member selected by each party as well as a chairperson selected
by the Public Employment Relations Board or by agreement of the
parties. If the matter is not settled within 30 days, AB 646
would require the factfinding panel to make findings of fact and
recommend terms of settlement, for advisory purposes
only.
AB 646 would require that these findings and recommendations be
first issued to the parties, but would require the public agency
to make them publicly available within 10 days after their
receipt. The bill would require all costs associated with the
factfinding panel to be shared equally by the public agency and
employee organization.
AB 646 would prohibit a public agency from implementing its last,
best, and final offer until at least 10 days after the
factfinders’ written findings of fact and recommended terms of
settlement have been submitted to the parties and the agency has
held a public hearing regarding the impasse.
AB 646 is awaiting a vote on the Senate Floor.
AB 1203 (Mendoza) – Oppose
As Amended on August 22, 2011
AB 1203, by Assembly Member Tony Mendoza, would require local
public agencies to provide paid leaves of absence to public
agency employee representatives of recognized employee
organizations when they are participating in the following
activities:
- Formally meeting and conferring with public agency representatives within the scope of representation.
- Testifying, participating or representing the employee organization in conferences, hearings or other proceedings before the Public Employment Relations Board in matters relating to charges filed against the public agency by the employee organization.
- Testifying, participating or representing the employee organization at personnel and merit commission hearings, city council meetings and labor management committee hearings.
Recent amendments to AB 1203 remove language that would allow
local collective bargaining agreements to provide for compensated
leave time for participation in union activities. AB 1203 is an
unnecessary and redundant bill that requires counties to provide
to their employees what is already protected by current law or
through locally negotiated agreements.
AB 1203 is awaiting a vote on the Senate Floor.