PERB Adopts AB 646 Emergency Regulations

The Public Employees Relations Board (PERB) on Thursday adopted proposed emergency regulations to implement AB 646 (Atkins). Counties will recall that the bill, as signed by Governor Brown, authorizes an employee organization, beginning January 1, to request an advisory factfinding panel regarding impasse before a public agency may implemen its last, best and final offer. 

Leading up to the adoption of the regulations, PERB held meetings last month for interested parties to discuss the implementation of AB 646, specifically issues that may require regulatory action by PERB, such as what information it should require when a party seeks to initiate factfinding under the Meyers-Milias Brown Act and how PERB will carry out its responsibilities of appointing a mediator.

CSAC joined with the League of California Cities and the California Special Districts Association in sending a letter outlining our concerns with PERB’s initial draft regulations, including suggesting that the time frames in local rules prevail for parties who don’t use mediation to avoid delays in negotiation resolution and adding requirements that factfinding be requested within 10 days of the declaration of impasse and that the PERB-appointed chairperson agree to factfinding proceedings within 10 days of his or her appointment.

In its final proposed regulations, PERB addressed our major concern by including an outer time limit for labor representatives to request factfinding. Under the adopted proposed regulations where mediation occurs, factfinding must be requested no more than 45 days following the appointment or selection of a mediator. If the dispute is not submitted to mediation, factfinding must be requested not later than 30 days following the date either party has declared impasse.

PERB intends to submit the proposed regulations to the Office of Administrative Law (OAL) on December 9th. A five calendar day comment period will open with OAL and including the comment window, OAL will have ten days to act on the regulations.

You may view the regulations here.

Joint Conference Committee on Pension Reform Holds Second Meeting

Counties will recall that AB 340, by Assembly Member Warren Furutani, was amended last month to state legislative intent to convene a conference committee for the purpose of crafting comprehensive pension reform legislation. SB 827, by Senator Joseph Simitian, is the Senate version of AB 340. The members of the Conference Committee on Public Employee Pensions are: Assembly Members Michael Allen (D-Santa Rosa), Warren Furutani (D-South Los Angeles County), and Jim Silva (R-Huntington Beach) and Senators Gloria Negrete McLeod (D-Chino), Joe Simitian (D-Palo Alto), and Mimi Walters (R-Laguna Hills).

The committee held its first hearing at the Carson City Hall in Los Angeles County on October 26. The committee heard over three hours of testimony from five panels and the public. The panelists addressed the current condition of public employee benefits and reform efforts. The second hearing was held on December 1st where panelists focused on Governor Brown’s Twelve Point Pension Reform Plan. The Governor, in fact, appeared before the committee to make the case for his proposal. In addition representatives from the Legislative Analyst’s Office, the California Public Employees’ Retirement System, the California State Teachers’ Retirement System, the 1937 Act Retirement Systems, the University of California Retirement System, employers, employee organizations, and the public provided over four hours of testimony. Eraina Ortega testified on behalf of CSAC. The hearing was informational and no action was taken. At least one and possibly two additional hearings are planned for early 2012, with the expectation that the conference committee will act on a conference report of recommendations for the Legislature to consider. For additional information on the Governor’s proposal, please see the October 28 CSAC Bulletin.