AB 1017: Collective bargaining agreements: arbitration: litigation.

Existing law, with regard to disputes concerning collective bargaining agreements for private employment, requires a court to award attorneys fees to a prevailing party in an action to compel arbitration of the disputes unless the other party has raised substantial and credible issues involving complex or significant questions of law or fact regarding whether or not the dispute is arbitrable. Existing law also creates, in this context, a right to attorneys fees for a prevailing party in a court action to compel compliance with the decision or award of an arbitrator or grievance panel regarding the disputes, or for a prevailing appellee in the appeal of the decision of an arbitrator regarding the disputes, unless the other party or appellant, respectively, has raised substantial issues involving complex or significant questions of law.

This bill would apply these provisions to public employment. The bill would provide that, for the purposes of awarding attorneys fees under these provisions, a party to a collective bargaining agreement means limit liability for attorneys fees under these provisions to a labor organization or employer. The bill would prohibit the cost of attorneys fees from being passed on to the employee. This bill would also provide that, in connection with an appeal of a decision of an arbitrator, or an action to compel compliance with a decision or award, as described above, in order to avoid an award of attorneys fees, the appellant or other party must raise credible as well as substantial issues involving complex or significant questions of law.