SB 931: Deterring union membership: violations.
- Session Year: 2021-2022
- House: Senate
- Latest Version Date: 2022-09-29
Existing law prohibits a public employer from deterring or discouraging public employees or applicants to be public employees from becoming or remaining members of an employee organization, authorizing representation by an employee organization, or authorizing dues or fee deductions to an employee organization. Existing law generally vests jurisdiction over violations of these provisions in the Public Employment Relations Board.
This bill would authorize an employee organization, as described, to bring a claim before the Public Employment Relations Board alleging that a public employer violated the above-described provisions. Upon a finding by the board that the public employer violated those provisions, the public employer would be subject to a civil penalty, to be deposited in the General Fund, of up to $1,000 for each affected employee, not to exceed $100,000 in total, and subject to attorneys fees and costs, as described and except as specified. The bill would also require the board to apply specified criteria when assessing the civil penalty.
Existing law prohibits a public employer from deterring or discouraging public employees or applicants to be public employees from becoming or remaining members of an employee organization, authorizing representation by an employee organization, or authorizing dues or fee deductions to an employee organization. Existing law generally vests jurisdiction over violations of these provisions in the Public Employment Relations Board.
This bill would authorize an employee organization, as described, to bring a claim before the Public Employment Relations Board alleging that a public employer violated the above-described provisions. Upon a finding by the board that the public employer violated those provisions, the public employer would be subject to a civil penalty, to be deposited in the General Fund, of up to $1,000 for each affected employee, not to exceed $100,000 in total, and subject to attorneys fees and costs, as described and except as specified. The bill would also require the board to apply specified criteria when assessing the civil penalty.
Existing law prohibits a public employer from deterring or discouraging public employees or applicants to be public employees from becoming or remaining members of an employee organization, authorizing representation by an employee organization, or authorizing dues or fee deductions to an employee organization. Existing law generally vests jurisdiction over violations of these provisions in the Public Employment Relations Board.
This bill would authorize an employee organization, as described, to bring a claim before the Public Employment Relations Board alleging that a public employer violated the above-described provisions. Upon a finding by the board that the public employer violated those provisions, the public employer would be subject to a civil penalty, to be deposited in the General Fund, of up to $1,000 for each affected employee, not to exceed $100,000 in total, and subject to attorneys fees and costs, as described and except as specified. The bill would also require the board to apply specified criteria when assessing the civil penalty.
Existing law prohibits a public employer from deterring or discouraging public employees or applicants to be public employees from becoming or remaining members of an employee organization, authorizing representation by an employee organization, or authorizing dues or fee deductions to an employee organization. Existing law generally vests jurisdiction over violations of these provisions in the Public Employment Relations Board.
This bill would authorize an employee organization, as described, to bring a claim before the Public Employment Relations Board alleging that a public employer violated the above-described provisions. Upon a finding by the board that the public employer violated those provisions, the public employer would be subject to a civil penalty penalty, to be deposited in the General Fund, of up to $1,000 for each affected employee, not to exceed $100,000 in total, and subject to attorneys fees and costs, as described and except as specified. The bill would provide that the civil penalty is recoverable by the board and shall be used, upon appropriation, for further administration of specified provisions.
Existing law prohibits a public employer from deterring or discouraging public employees or applicants to be public employees from becoming or remaining members of an employee organization, authorizing representation by an employee organization, or authorizing dues or fee deductions to an employee organization. Existing law generally vests jurisdiction over violations of these provisions in the Public Employment Relations Board.
This bill would authorize an employee organization, as described, to bring a claim before the Public Employment Relations Board alleging that a public employer violated the above-described provisions. Upon a finding by the board that the public employer violated those provisions, the public employer would be subject to a civil penalty of up to $1,000 for each affected employee, not to exceed $100,000 in total, and subject to attorneys fees and costs, as described. described and except as specified. The bill would provide that the civil penalty is recoverable by the board and shall be used, upon appropriation, for further administration of specified provisions.
Existing law prohibits a public employer from deterring or discouraging public employees or applicants to be public employees from becoming or remaining members of an employee organization, authorizing representation by an employee organization, or authorizing dues or fee deductions to an employee organization. Existing law generally vests jurisdiction over violations of these provisions in the Public Employment Relations Board.
This bill would authorize an employee organization, as described, to bring a claim before the Public Employment Relations Board alleging that a public employer violated the above-described provisions. Upon a finding by the board that the public employer violated those provisions, the public employer would be subject to a civil penalty of up to $1,000 for each affected employee, not to exceed $100,000 in total, and subject to attorneys fees and costs, as described. The bill would provide that the civil penalty is recoverable by the board and shall be used, upon appropriation, for further administration of specified provisions.
(a)(1)An employee organization that is subject to the jurisdiction of the Public Employment Relations Board may bring a claim before the board alleging that a public employer violated Section 3550. Upon a finding by the board that the public employer violated Section 3550, the employer shall be subject to a civil penalty, to be deposited in the General Fund, of up to one thousand dollars ($1,000) per each affected employee, not to exceed one hundred thousand dollars ($100,000) in total, and shall be subject to attorneys fees and costs, as described in subdivision (b).
(2)The Public Employment Relations Board shall apply the following criteria when assessing a civil penalty pursuant to paragraph (1):
(A)The public employers annual budget.
(B)The severity of the violation.
(C)Any prior history of violations by the public employer.
(b)(1)The Public Employment Relations Board shall award attorneys fees and costs to a prevailing employee organization unless the board finds the claim was frivolous, unreasonable, or groundless when brought, or the employee organization continued to litigate after it clearly became so. The attorneys fees and costs shall be calculated from the inception of proceedings before the boards Division of Administrative Law until final disposition of the claim by the board.
(2)Notwithstanding paragraph (1), the board shall not award attorneys fees and costs under this section for any proceedings before the board that challenge the dismissal of an unfair practice charge by the boards Office of the General Counsel.
(3)If the board initiates proceedings with the superior court to enforce or achieve compliance with a board order pursuant to this section or is required to defend a decision of the board involving this section after an employer seeks judicial review, the court shall award the board attorneys fees and costs if the board is the prevailing party.
(a)(1)An employee organization that is subject to the jurisdiction of the Public Employment Relations Board may bring a claim before the board alleging that a public employer violated Section 3550. Upon a finding by the board that the public employer violated Section 3550, the employer shall be subject to a civil penalty, to be deposited in the General Fund, of up to one thousand dollars ($1,000) per each affected employee, not to exceed one hundred thousand dollars ($100,000) in total, and shall be subject to attorneys fees and costs, as described in subdivision (b).
(2)The Public Employment Relations Board shall apply the following criteria when assessing a civil penalty pursuant to paragraph (1):
(A)The public employers annual budget.
(B)The severity of the violation.
(C)Any prior history of violations by the public employer.
(b)(1)The Public Employment Relations Board shall award attorneys fees and costs to a prevailing employee organization unless the board finds the claim was frivolous, unreasonable, or groundless when brought, or the employee organization continued to litigate after it clearly became so. The attorneys fees and costs shall be calculated from the inception of proceedings before the boards Division of Administrative Law until final disposition of the claim by the board.
(2)Notwithstanding paragraph (1), the board shall not award attorneys fees and costs under this section for any proceedings before the board that challenge the dismissal of an unfair practice charge by the boards Office of the General Counsel.
(3)If the board initiates proceedings with the superior court to enforce or achieve compliance with a board order pursuant to this section or is required to defend a decision of the board involving this section after an employer seeks judicial review, the court shall award the board attorneys fees and costs if the board is the prevailing party.
(a)(1)An employee organization that is subject to the jurisdiction of the Public Employment Relations Board may bring a claim before the board alleging that a public employer violated Section 3550. Upon a finding by the board that the public employer violated Section 3550, the employer shall be subject to a civil penalty, to be deposited in the General Fund, of up to one thousand dollars ($1,000) per each affected employee, not to exceed one hundred thousand dollars ($100,000) in total, and shall be subject to attorneys fees and costs, as described in subdivision (b).
(2)The Public Employment Relations Board shall apply the following criteria when assessing a civil penalty pursuant to paragraph (1):
(A)The public employers annual budget.
(B)The severity of the violation.
(C)Any prior history of violations by the public employer.
(b)(1)The Public Employment Relations Board shall award attorneys fees and costs to a prevailing employee organization unless the board finds the claim was frivolous, unreasonable, or groundless when brought, or the employee organization continued to litigate after it clearly became so. The attorneys fees and costs shall be calculated from the inception of proceedings before the boards Division of Administrative Law until final disposition of the claim by the board.
(2)Notwithstanding paragraph (1), the board shall not award attorneys fees and costs under this section for any proceedings before the board that challenge the dismissal of an unfair practice charge by the boards Office of the General Counsel.
(3)If the board initiates proceedings with the superior court to enforce or achieve compliance with a board order pursuant to this section or is required to defend a decision of the board involving this section after an employer seeks judicial review, the court shall award the board attorneys fees and costs if the board is the prevailing party.
(a)An employee organization that is subject to the jurisdiction of the Public Employment Relations Board may bring a claim before the board alleging that a public employer violated Section 3550. Upon a finding by the board that the public employer violated Section 3550, the employer shall be subject to a civil penalty penalty, to be deposited in the General Fund, of up to one thousand dollars ($1,000) per each affected employee, not to exceed one hundred thousand dollars ($100,000) in total, and shall be subject to attorneys fees and costs, as described in subdivision (c). (b).
(b)The civil penalty shall be recoverable by the Public Employment Relations Board and shall be used, upon appropriation, for further administration of this chapter.(c)(b)(1)The Public Employment Relations Board shall award attorneys fees and costs to a prevailing employee organization unless the board finds the claim was frivolous, unreasonable, or groundless when brought, or the employee organization continued to litigate after it clearly became so. The attorneys fees and costs shall be calculated from the inception of proceedings before the boards Division of Administrative Law until final disposition of the claim by the board.
(2)Notwithstanding paragraph (1), the board shall not award attorneys fees and costs under this section for any proceedings before the board that challenge the dismissal of an unfair practice charge by the boards Office of the General Counsel.
(3)If the board initiates proceedings with the superior court to enforce or achieve compliance with a board order pursuant to this section or is required to defend a decision of the board involving this section after an employer seeks judicial review, the court shall award the board attorneys fees and costs if the board is the prevailing party.
(a)An employee organization that is subject to the jurisdiction of the Public Employment Relations Board may bring a claim before the board alleging that a public employer violated Section 3550. Upon a finding by the board that the public employer violated Section 3550, the employer shall be subject to a civil penalty of up to one thousand dollars ($1,000) per each affected employee, not to exceed one hundred thousand dollars ($100,000) in total, and shall be subject to attorneys fees and costs, as described in subdivision (c).
(b)The civil penalty shall be recoverable by the Public Employment Relations Board and shall be used, upon appropriation, for further administration of this chapter.
(c)(1)The Public Employment Relations Board shall award attorneys fees and costs to a prevailing employee organization. organization unless the board finds the claim was frivolous, unreasonable, or groundless when brought, or the employee organization continued to litigate after it clearly became so. The attorneys fees and costs shall be calculated from the inception of proceedings before the boards Division of Administrative Law until final disposition of the claim by the board.
(2)Notwithstanding paragraph (1), the board shall not award attorneys fees and costs under this section for any proceedings before the board that challenge the dismissal of an unfair practice charge by the boards Office of the General Counsel.
(3)If the board initiates proceedings with the superior court to enforce or achieve compliance with a board order pursuant to this section or is required to defend a decision of the board involving this section after an employer seeks judicial review, the court shall award the board attorneys fees and costs if the board is the prevailing party.
(a)An employee organization that is subject to the jurisdiction of the Public Employment Relations Board may bring a claim before the board alleging that a public employer violated Section 3550. Upon a finding by the board that the public employer violated Section 3550, the employer shall be subject to a civil penalty of up to one thousand dollars ($1,000) per each affected employee, not to exceed one hundred thousand dollars ($100,000) in total, and shall be subject to attorneys fees and costs, as described in subdivision (c).
(b)The civil penalty shall be recoverable by the Public Employment Relations Board and shall be used, upon appropriation, for further administration of this chapter.
(c)(1)The Public Employment Relations Board shall award attorneys fees and costs to a prevailing employee organization. The attorneys fees and costs shall be calculated from the inception of proceedings before the boards Division of Administrative Law until final disposition of the claim by the board.
(2)Notwithstanding paragraph (1), the board shall not award attorneys fees and costs under this section for any proceedings before the board that challenge the dismissal of an unfair practice charge by the boards Office of the General Counsel.
(3)If the board initiates proceedings with the superior court to enforce or achieve compliance with a board order pursuant to this section or is required to defend a decision of the board involving this section after an employer seeks judicial review, the court shall award the board attorneys fees and costs if the board is the prevailing party.
|
Date
|
Status
|
|---|---|
| Sep 29, 2022 | Chaptered by Secretary of State. Chapter 823, Statutes of 2022. |
| Sep 29, 2022 | Approved by the Governor. |
| Sep 6, 2022 | Enrolled and presented to the Governor at 3:30 p.m. |
| Aug 30, 2022 | Assembly amendments concurred in. (Ayes 29. Noes 9. Page 5307.) Ordered to engrossing and enrolling. |
| Aug 24, 2022 | In Senate. Concurrence in Assembly amendments pending. |
| Aug 24, 2022 | Read third time. Passed. Ordered to the Senate. |
| Aug 16, 2022 | Read second time. Ordered to third reading. |
| Aug 15, 2022 | Read second time and amended. Ordered to second reading. |
| Aug 11, 2022 | From committee: Do pass as amended. (Ayes 12. Noes 4.) (August 11). |
| Aug 3, 2022 | August 3 set for first hearing. Placed on suspense file. |
| Jun 22, 2022 | From committee: Do pass and re-refer to Com. on APPR. (Ayes 5. Noes 2.) (June 22). Re-referred to Com. on APPR. |
| Jun 14, 2022 | From committee: Do pass and re-refer to Com. on P.E. & R. (Ayes 8. Noes 1.) (June 14). Re-referred to Com. on P.E. & R. |
| Jun 6, 2022 | Re-referred to Coms. on JUD. and P.E. & R. pursuant to Assembly Rule 96. |
| May 27, 2022 | Referred to Coms. on P.E. & R. and JUD. |
| May 25, 2022 | In Assembly. Read first time. Held at Desk. |
| May 24, 2022 | Read third time. Passed. (Ayes 25. Noes 9. Page 3888.) Ordered to the Assembly. |
| May 23, 2022 | Read second time. Ordered to third reading. |
| May 19, 2022 | From committee: Do pass as amended. (Ayes 5. Noes 2. Page 3775.) (May 19). |
| May 13, 2022 | Set for hearing May 19. |
| May 2, 2022 | May 2 hearing: Placed on APPR suspense file. |
| Apr 27, 2022 | Set for hearing May 2. |
| Apr 21, 2022 | Read second time and amended. Re-referred to Com. on APPR. |
| Apr 20, 2022 | From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 9. Noes 2. Page 3435.) (April 19). |
| Apr 5, 2022 | Set for hearing April 19. |
| Mar 22, 2022 | From committee: Do pass and re-refer to Com. on JUD. (Ayes 4. Noes 1. Page 3168.) (March 21). Re-referred to Com. on JUD. |
| Mar 11, 2022 | Set for hearing March 21. |
| Feb 16, 2022 | Referred to Coms. on L., P.E. & R. and JUD. |
| Feb 8, 2022 | From printer. |
| Feb 7, 2022 | Art. IV. Sec. 8(a) of the Constitution dispensed with. |
| Feb 7, 2022 | Introduced. Read first time. To Com. on RLS. for assignment. To print. |
|
Date
|
Description
|
Location
|
Votes
|
|
|---|---|---|---|---|
| Aug 30, 2022 | Unfinished Business SB931 Leyva et al. Concurrence | Senate Floor |
Passed |
|
| Aug 24, 2022 | SB 931 Leyva Senate Third Reading By Cooper | Assembly Floor |
Passed |
|
| May 24, 2022 | Senate 3rd Reading SB931 Leyva et al. | Senate Floor |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
Bill Author
Bill Co-Author(s):
