Date of Hearing: May 5, 2020

ASSEMBLY COMMITTEE ON PUBLIC EMPLOYMENT AND RETIREMENT

Freddie Rodriguez, Chair

ABPCA Bill Id:AB 2433 (

Author:Cooper) – As Introduced Ver:February 19, 2020

SUBJECT: Local public employee organizations

SUMMARY: Revises a timeframe relating to impasse procedures in collective bargaining for local public employer-employee relations and the implementation of a last, best, and final offer (LBFO). Specifically, this bill:

1. Provides that after applicable mediation and factfinding procedures have been exhausted, but no earlier than 15 days (from currently 10 days) after the factfinder’s written findings of fact and recommended terms of settlement have been submitted to the parties, as specified, a public agency that is not required to proceed in interest arbitration may, after holding a public hearing regarding impasse, implement its last, best, and final offer, but must not implement a memorandum of understanding (MOU).

EXISTING LAW:

1. Governs collective bargaining in the private sector under the federal National Relations Labor Relations Act (NLRA) but leaves it to the states to regulate collective bargaining in their respective public sectors.

While the NLRA and the decisions of its National Labor Relations Board often provide persuasive precedent in interpreting state collective bargaining law, public employees have no collective bargaining rights absent specific statutory authority establishing those rights.

1. Provides several statutory frameworks under California law to provide public employees collective bargaining rights, govern public employer-employee relations, and limit labor strife and economic disruption in the public sector through a reasonable method of resolving disputes regarding wages, hours, and other terms and conditions of employment between public employers and recognized public employee organizations or their exclusive representatives. These include the Meyers-Milias-Brown Act (MMBA) which governs the employer-employee relationship between local public agencies and their employees.
2. Provides a timeframe of not earlier than 10 days in which a local public agency employer may implement its LBFO, after all mediation and factfinding procedures have been exhausted, but excludes charter cities and counties from the factfinding process when binding interest arbitration applies.
3. Establishes the Public Employment Relations Board (PERB), a quasi-judicial administrative agency charged with resolving disputes and enforcing the statutory duties and rights of public agency employers and employee organizations, but provides the City and County of Los Angeles a local alternative to PERB oversight.

FISCAL EFFECT: Unknown. This bill is flagged as fiscal by Legislative Counsel.

COMMENTS: According to the author, “[This bill] will assist in encouraging good employer-employee relations by affording the parties additional time to meet after the factfinding report has been submitted and before the public agency can impose their last, best, and final offer.

1. Collective Bargaining Dispute Resolution under the MMBA: Factfinding in a Small Nutshell

Generally, after either party (i.e., local public agency employer and recognized employee organization) provides notice of impasse, the employee organization has 30 days to request that the parties’ difference be submitted to a factfinding panel. Where the parties have agreed to mediation, the employee organization may request factfinding not sooner than 30 days, but not more than 45 days, following the appointment or selection of the mediator.

Within 10 days after its appointment, the factfinding panel must meet with the parties and begin the factfinding process. The MMBA requires that the factfinding panel consider, weigh, and be guided by specific criteria (e.g., state and federal laws applicable to the employer, local rules, regulations or ordinances, stipulations of the parties, etc.)

If the parties have not mutually settled the bargaining impasse within 30 days after the appointment of the factfinding panel, or unless an extension is agreed on by the parties, the factfinding panel must make findings of fact and recommend terms of settlement, which are advisory only. These findings and recommendations initially are provided to the parties, and within 10 days after receipt of the findings and recommendations, the local public agency employer must make the findings and recommendations available to the public.

After all applicable impasse procedures are exhausted, but not earlier than 10 days after the panel’s findings and recommendations have been submitted, the local agency public employer may hold a public hearing regarding the impasse. After the public hearing, the employer may, but is not required to, implement its LBFO.

This bill extends the timeframe in which the local agency public employer may implement the LBFO from no earlier than 10 days, to no earlier than 15 days, after the panel’s written findings of fact and recommended terms of settlement have been submitted to the parties, as provided.

1. Comments by Supporters

According to the California Professional Firefighters, “In 2000, with the adoption of Senate Bill 739 (Solis), PERB assumed jurisdiction over the resolution of unfair labor practice charges and representation disputes under the MMBA that may be filed by public employers or employees. While the act excluded law enforcement officers and the City and County of Los Angeles, local firefighter organizations and their employers were made subject to PERB’s jurisdiction. Prior to 2001, firefighter organizations resolved their disputes before the superior court.

“State and local government firefighters can’t strike – it’s against the law. Therefore, when collective bargaining efforts or contract disputes reach an impasse, these firefighters do not enjoy the same options as other employees to exert pressure or level the playing field to resolve those disputes. Firefighters rely on PERB’s expertise to impartially, fairly, and rationally settle labor disputes such as securing just compensation for their services, promoting a safe and healthy working environment, and ensuring the establishment of just and reasonable working conditions.

“It is imperative that PERB maintain effective impasse procedures for employers and employee organizations to maintain employee and employer relations. Under current law, after mediation and fact finding, parties are only given 10 days before the public agency can impose their last, best, final offer.

“[This bill] seeks to extend this period to 15 days, granting an additional five days for parties to meet to discuss the factfinder’s report and work towards an agreement before the public agency can impose their final offer. This period will assist in encouraging amicable relations between employers and employees and ensure that there is enough time to review and discuss the factfinder’s report and find common ground before a contract is imposed. For these reasons, we urge your support for this important bill.”

1. Prior or Related Legislation

Chapter 680, Statutes of 2011 (Assembly Bill 646, Atkins) established additional processes, including mediation and factfinding, that local public employers and employee organizations may engage in if they are unable to reach a collective bargaining agreement, among other provisions.

Chapter 901, Statutes of 200 (Senate Bill 739, Solis) revised the MMBA relating to unfair labor practice charges and representation disputes by transferring them to the PERB.

REGISTERED SUPPORT / OPPOSITION:

Support

California Professional Firefighters (Sponsor)

Opposition

None on file

Analysis Prepared by: Michael Bolden / P.E. & R. / (916) 319-3957