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| 1 | + | Amended IN Assembly May 01, 2017 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 1017Introduced by Assembly Member SantiagoFebruary 16, 2017 An act to amend Section 1128 of the Labor Code, relating to bargaining agreements. LEGISLATIVE COUNSEL'S DIGESTAB 1017, as amended, Santiago. 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 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.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 1128 of the Labor Code is amended to read:1128. (a) If a party to a collective bargaining agreement prevails in a court action to compel arbitration of disputes concerning the collective bargaining agreement, the court shall award attorneys fees to the prevailing party 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 under the agreement.If the dispute is later found to be not arbitrable under the collective bargaining agreement, any award made pursuant to this subdivision shall be vacated and those sums paid to satisfy the award shall be reimbursed to the payor.(b) If a party to a collective bargaining agreement appeals the decision of an arbitrator regarding disputes concerning the collective bargaining agreement, the court shall award attorneys fees to the prevailing appellee unless the appellant has raised substantial and credible issues involving complex or significant questions of law.(c) If a party to a collective bargaining agreement prevails in a court action to compel compliance with the decision or award of an arbitrator or a grievance panel regarding disputes concerning the collective bargaining agreement, the court shall award attorneys fees to the prevailing party unless the other party has raised substantial and credible issues involving complex or significant questions of law.(d) This section shall apply to private and public employment.(e) For purposes of awarding attorneys fees under this section, a party to a collective bargaining agreement means a labor organization or an employer. The cost of attorneys fees shall not be passed on to the employee. | |
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| 3 | + | Amended IN Assembly May 01, 2017 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 1017Introduced by Assembly Member SantiagoFebruary 16, 2017 An act to amend Section 1128 of the Labor Code, relating to bargaining agreements. LEGISLATIVE COUNSEL'S DIGESTAB 1017, as amended, Santiago. 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 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.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO | |
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| 5 | + | Amended IN Assembly May 01, 2017 | |
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| 7 | - | Amended IN Senate July 05, 2017 | |
| 8 | 7 | Amended IN Assembly May 01, 2017 | |
| 9 | 8 | ||
| 10 | 9 | CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION | |
| 11 | 10 | ||
| 12 | 11 | Assembly Bill No. 1017 | |
| 13 | 12 | ||
| 14 | 13 | Introduced by Assembly Member SantiagoFebruary 16, 2017 | |
| 15 | 14 | ||
| 16 | 15 | Introduced by Assembly Member Santiago | |
| 17 | 16 | February 16, 2017 | |
| 18 | 17 | ||
| 19 | 18 | An act to amend Section 1128 of the Labor Code, relating to bargaining agreements. | |
| 20 | 19 | ||
| 21 | 20 | LEGISLATIVE COUNSEL'S DIGEST | |
| 22 | 21 | ||
| 23 | 22 | ## LEGISLATIVE COUNSEL'S DIGEST | |
| 24 | 23 | ||
| 25 | 24 | AB 1017, as amended, Santiago. Collective bargaining agreements: arbitration: litigation. | |
| 26 | 25 | ||
| 27 | - | 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 | |
| 26 | + | 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 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. | |
| 28 | 27 | ||
| 29 | 28 | 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. | |
| 30 | 29 | ||
| 31 | - | 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 | |
| 30 | + | 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 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. | |
| 32 | 31 | ||
| 33 | 32 | ## Digest Key | |
| 34 | 33 | ||
| 35 | 34 | ## Bill Text | |
| 36 | 35 | ||
| 37 | - | The people of the State of California do enact as follows:SECTION 1. Section 1128 of the Labor Code is amended to read:1128. (a) If a party to a collective bargaining agreement prevails in a court action to compel arbitration of disputes concerning the collective bargaining agreement, the court shall award attorneys fees to the prevailing party 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 under the agreement.If the dispute is later found to be not arbitrable under the collective bargaining agreement, any award made pursuant to this subdivision shall be vacated and those sums paid to satisfy the award shall be reimbursed to the payor.(b) If a party to a collective bargaining agreement appeals the decision of an arbitrator regarding disputes concerning the collective bargaining agreement, the court shall award attorneys fees to the prevailing appellee unless the appellant has raised substantial and credible issues involving complex or significant questions of law.(c) If a party to a collective bargaining agreement prevails in a court action to compel compliance with the decision or award of an arbitrator or a grievance panel regarding disputes concerning the collective bargaining agreement, the court shall award attorneys fees to the prevailing party unless the other party has raised substantial and credible issues involving complex or significant questions of law.(d) This section shall apply to private and public employment.(e)For purposes of awarding attorneys fees under this section, a party to a collective bargaining agreement means a labor organization or an employer. The cost of attorneys fees shall not be passed on to the employee. | |
| 36 | + | The people of the State of California do enact as follows:SECTION 1. Section 1128 of the Labor Code is amended to read:1128. (a) If a party to a collective bargaining agreement prevails in a court action to compel arbitration of disputes concerning the collective bargaining agreement, the court shall award attorneys fees to the prevailing party 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 under the agreement.If the dispute is later found to be not arbitrable under the collective bargaining agreement, any award made pursuant to this subdivision shall be vacated and those sums paid to satisfy the award shall be reimbursed to the payor.(b) If a party to a collective bargaining agreement appeals the decision of an arbitrator regarding disputes concerning the collective bargaining agreement, the court shall award attorneys fees to the prevailing appellee unless the appellant has raised substantial and credible issues involving complex or significant questions of law.(c) If a party to a collective bargaining agreement prevails in a court action to compel compliance with the decision or award of an arbitrator or a grievance panel regarding disputes concerning the collective bargaining agreement, the court shall award attorneys fees to the prevailing party unless the other party has raised substantial and credible issues involving complex or significant questions of law.(d) This section shall apply to private and public employment.(e) For purposes of awarding attorneys fees under this section, a party to a collective bargaining agreement means a labor organization or an employer. The cost of attorneys fees shall not be passed on to the employee. | |
| 38 | 37 | ||
| 39 | 38 | The people of the State of California do enact as follows: | |
| 40 | 39 | ||
| 41 | 40 | ## The people of the State of California do enact as follows: | |
| 42 | 41 | ||
| 43 | - | SECTION 1. Section 1128 of the Labor Code is amended to read:1128. (a) If a party to a collective bargaining agreement prevails in a court action to compel arbitration of disputes concerning the collective bargaining agreement, the court shall award attorneys fees to the prevailing party 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 under the agreement.If the dispute is later found to be not arbitrable under the collective bargaining agreement, any award made pursuant to this subdivision shall be vacated and those sums paid to satisfy the award shall be reimbursed to the payor.(b) If a party to a collective bargaining agreement appeals the decision of an arbitrator regarding disputes concerning the collective bargaining agreement, the court shall award attorneys fees to the prevailing appellee unless the appellant has raised substantial and credible issues involving complex or significant questions of law.(c) If a party to a collective bargaining agreement prevails in a court action to compel compliance with the decision or award of an arbitrator or a grievance panel regarding disputes concerning the collective bargaining agreement, the court shall award attorneys fees to the prevailing party unless the other party has raised substantial and credible issues involving complex or significant questions of law.(d) This section shall apply to private and public employment.(e)For purposes of awarding attorneys fees under this section, a party to a collective bargaining agreement means a labor organization or an employer. The cost of attorneys fees shall not be passed on to the employee. | |
| 42 | + | SECTION 1. Section 1128 of the Labor Code is amended to read:1128. (a) If a party to a collective bargaining agreement prevails in a court action to compel arbitration of disputes concerning the collective bargaining agreement, the court shall award attorneys fees to the prevailing party 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 under the agreement.If the dispute is later found to be not arbitrable under the collective bargaining agreement, any award made pursuant to this subdivision shall be vacated and those sums paid to satisfy the award shall be reimbursed to the payor.(b) If a party to a collective bargaining agreement appeals the decision of an arbitrator regarding disputes concerning the collective bargaining agreement, the court shall award attorneys fees to the prevailing appellee unless the appellant has raised substantial and credible issues involving complex or significant questions of law.(c) If a party to a collective bargaining agreement prevails in a court action to compel compliance with the decision or award of an arbitrator or a grievance panel regarding disputes concerning the collective bargaining agreement, the court shall award attorneys fees to the prevailing party unless the other party has raised substantial and credible issues involving complex or significant questions of law.(d) This section shall apply to private and public employment.(e) For purposes of awarding attorneys fees under this section, a party to a collective bargaining agreement means a labor organization or an employer. The cost of attorneys fees shall not be passed on to the employee. | |
| 44 | 43 | ||
| 45 | 44 | SECTION 1. Section 1128 of the Labor Code is amended to read: | |
| 46 | 45 | ||
| 47 | 46 | ### SECTION 1. | |
| 48 | 47 | ||
| 49 | - | 1128. (a) If a party to a collective bargaining agreement prevails in a court action to compel arbitration of disputes concerning the collective bargaining agreement, the court shall award attorneys fees to the prevailing party 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 under the agreement.If the dispute is later found to be not arbitrable under the collective bargaining agreement, any award made pursuant to this subdivision shall be vacated and those sums paid to satisfy the award shall be reimbursed to the payor.(b) If a party to a collective bargaining agreement appeals the decision of an arbitrator regarding disputes concerning the collective bargaining agreement, the court shall award attorneys fees to the prevailing appellee unless the appellant has raised substantial and credible issues involving complex or significant questions of law.(c) If a party to a collective bargaining agreement prevails in a court action to compel compliance with the decision or award of an arbitrator or a grievance panel regarding disputes concerning the collective bargaining agreement, the court shall award attorneys fees to the prevailing party unless the other party has raised substantial and credible issues involving complex or significant questions of law.(d) This section shall apply to private and public employment.(e)For purposes of awarding attorneys fees under this section, a party to a collective bargaining agreement means a labor organization or an employer. The cost of attorneys fees shall not be passed on to the employee. | |
| 48 | + | 1128. (a) If a party to a collective bargaining agreement prevails in a court action to compel arbitration of disputes concerning the collective bargaining agreement, the court shall award attorneys fees to the prevailing party 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 under the agreement.If the dispute is later found to be not arbitrable under the collective bargaining agreement, any award made pursuant to this subdivision shall be vacated and those sums paid to satisfy the award shall be reimbursed to the payor.(b) If a party to a collective bargaining agreement appeals the decision of an arbitrator regarding disputes concerning the collective bargaining agreement, the court shall award attorneys fees to the prevailing appellee unless the appellant has raised substantial and credible issues involving complex or significant questions of law.(c) If a party to a collective bargaining agreement prevails in a court action to compel compliance with the decision or award of an arbitrator or a grievance panel regarding disputes concerning the collective bargaining agreement, the court shall award attorneys fees to the prevailing party unless the other party has raised substantial and credible issues involving complex or significant questions of law.(d) This section shall apply to private and public employment.(e) For purposes of awarding attorneys fees under this section, a party to a collective bargaining agreement means a labor organization or an employer. The cost of attorneys fees shall not be passed on to the employee. | |
| 50 | 49 | ||
| 51 | - | 1128. (a) If a party to a collective bargaining agreement prevails in a court action to compel arbitration of disputes concerning the collective bargaining agreement, the court shall award attorneys fees to the prevailing party 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 under the agreement.If the dispute is later found to be not arbitrable under the collective bargaining agreement, any award made pursuant to this subdivision shall be vacated and those sums paid to satisfy the award shall be reimbursed to the payor.(b) If a party to a collective bargaining agreement appeals the decision of an arbitrator regarding disputes concerning the collective bargaining agreement, the court shall award attorneys fees to the prevailing appellee unless the appellant has raised substantial and credible issues involving complex or significant questions of law.(c) If a party to a collective bargaining agreement prevails in a court action to compel compliance with the decision or award of an arbitrator or a grievance panel regarding disputes concerning the collective bargaining agreement, the court shall award attorneys fees to the prevailing party unless the other party has raised substantial and credible issues involving complex or significant questions of law.(d) This section shall apply to private and public employment.(e)For purposes of awarding attorneys fees under this section, a party to a collective bargaining agreement means a labor organization or an employer. The cost of attorneys fees shall not be passed on to the employee. | |
| 50 | + | 1128. (a) If a party to a collective bargaining agreement prevails in a court action to compel arbitration of disputes concerning the collective bargaining agreement, the court shall award attorneys fees to the prevailing party 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 under the agreement.If the dispute is later found to be not arbitrable under the collective bargaining agreement, any award made pursuant to this subdivision shall be vacated and those sums paid to satisfy the award shall be reimbursed to the payor.(b) If a party to a collective bargaining agreement appeals the decision of an arbitrator regarding disputes concerning the collective bargaining agreement, the court shall award attorneys fees to the prevailing appellee unless the appellant has raised substantial and credible issues involving complex or significant questions of law.(c) If a party to a collective bargaining agreement prevails in a court action to compel compliance with the decision or award of an arbitrator or a grievance panel regarding disputes concerning the collective bargaining agreement, the court shall award attorneys fees to the prevailing party unless the other party has raised substantial and credible issues involving complex or significant questions of law.(d) This section shall apply to private and public employment.(e) For purposes of awarding attorneys fees under this section, a party to a collective bargaining agreement means a labor organization or an employer. The cost of attorneys fees shall not be passed on to the employee. | |
| 52 | 51 | ||
| 53 | - | 1128. (a) If a party to a collective bargaining agreement prevails in a court action to compel arbitration of disputes concerning the collective bargaining agreement, the court shall award attorneys fees to the prevailing party 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 under the agreement.If the dispute is later found to be not arbitrable under the collective bargaining agreement, any award made pursuant to this subdivision shall be vacated and those sums paid to satisfy the award shall be reimbursed to the payor.(b) If a party to a collective bargaining agreement appeals the decision of an arbitrator regarding disputes concerning the collective bargaining agreement, the court shall award attorneys fees to the prevailing appellee unless the appellant has raised substantial and credible issues involving complex or significant questions of law.(c) If a party to a collective bargaining agreement prevails in a court action to compel compliance with the decision or award of an arbitrator or a grievance panel regarding disputes concerning the collective bargaining agreement, the court shall award attorneys fees to the prevailing party unless the other party has raised substantial and credible issues involving complex or significant questions of law.(d) This section shall apply to private and public employment.(e)For purposes of awarding attorneys fees under this section, a party to a collective bargaining agreement means a labor organization or an employer. The cost of attorneys fees shall not be passed on to the employee. | |
| 52 | + | 1128. (a) If a party to a collective bargaining agreement prevails in a court action to compel arbitration of disputes concerning the collective bargaining agreement, the court shall award attorneys fees to the prevailing party 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 under the agreement.If the dispute is later found to be not arbitrable under the collective bargaining agreement, any award made pursuant to this subdivision shall be vacated and those sums paid to satisfy the award shall be reimbursed to the payor.(b) If a party to a collective bargaining agreement appeals the decision of an arbitrator regarding disputes concerning the collective bargaining agreement, the court shall award attorneys fees to the prevailing appellee unless the appellant has raised substantial and credible issues involving complex or significant questions of law.(c) If a party to a collective bargaining agreement prevails in a court action to compel compliance with the decision or award of an arbitrator or a grievance panel regarding disputes concerning the collective bargaining agreement, the court shall award attorneys fees to the prevailing party unless the other party has raised substantial and credible issues involving complex or significant questions of law.(d) This section shall apply to private and public employment.(e) For purposes of awarding attorneys fees under this section, a party to a collective bargaining agreement means a labor organization or an employer. The cost of attorneys fees shall not be passed on to the employee. | |
| 54 | 53 | ||
| 55 | 54 | ||
| 56 | 55 | ||
| 57 | 56 | 1128. (a) If a party to a collective bargaining agreement prevails in a court action to compel arbitration of disputes concerning the collective bargaining agreement, the court shall award attorneys fees to the prevailing party 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 under the agreement. | |
| 58 | 57 | ||
| 59 | 58 | If the dispute is later found to be not arbitrable under the collective bargaining agreement, any award made pursuant to this subdivision shall be vacated and those sums paid to satisfy the award shall be reimbursed to the payor. | |
| 60 | 59 | ||
| 61 | 60 | (b) If a party to a collective bargaining agreement appeals the decision of an arbitrator regarding disputes concerning the collective bargaining agreement, the court shall award attorneys fees to the prevailing appellee unless the appellant has raised substantial and credible issues involving complex or significant questions of law. | |
| 62 | 61 | ||
| 63 | 62 | (c) If a party to a collective bargaining agreement prevails in a court action to compel compliance with the decision or award of an arbitrator or a grievance panel regarding disputes concerning the collective bargaining agreement, the court shall award attorneys fees to the prevailing party unless the other party has raised substantial and credible issues involving complex or significant questions of law. | |
| 64 | 63 | ||
| 65 | 64 | (d) This section shall apply to private and public employment. | |
| 66 | 65 | ||
| 67 | 66 | (e) For purposes of awarding attorneys fees under this section, a party to a collective bargaining agreement means a labor organization or an employer. The cost of attorneys fees shall not be passed on to the employee. | |
| 68 | - | ||
| 69 | - | ||
| 70 | - | ||
| 71 | - | (e) Only a labor organization or an employer shall be liable for attorneys fees under this section. |