California 2019-2020 Regular Session

California Assembly Bill AB2433 Latest Draft

Bill / Introduced Version Filed 02/19/2020

                            CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Assembly Bill No. 2433Introduced by Assembly Member CooperFebruary 19, 2020 An act to amend Section 3505.7 of the Government Code, relating to public employment. LEGISLATIVE COUNSEL'S DIGESTAB 2433, as introduced, Cooper. Local public employee organizations.The Meyers-Milias-Brown Act contains various provisions that govern collective bargaining of local represented employees, and delegates jurisdiction to the Public Employment Relations Board to resolve disputes and enforce the statutory duties and rights of local public agency employers and employees. The act requires the governing body of a public agency to meet and confer in good faith regarding wages, hours, and other terms and conditions of employment with representatives of recognized employee organizations. Under the act, if the representatives of the public agency and the employee organization fail to reach an agreement, they may mutually agree on the appointment of a mediator and equally share the cost.Existing law provides that after any applicable mediation and factfinding procedures have been exhausted, but no earlier than 10 days after the factfinders written findings of fact and recommended terms of settlement have been submitted to the parties, a public agency that is not required to proceed to interest arbitration may, after holding a hearing regarding the impasse, implement its last, best, and final offer.This bill would revise the above-described timeframe to no earlier than 15 days after the factfinders written findings of fact and recommended terms of settlement have been submitted to the parties.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 3505.7 of the Government Code is amended to read:3505.7. After any applicable mediation and factfinding procedures have been exhausted, but no earlier than 10 15 days after the factfinders written findings of fact and recommended terms of settlement have been submitted to the parties pursuant to Section 3505.5, a public agency that is not required to proceed to interest arbitration may, after holding a public hearing regarding the impasse, implement its last, best, and final offer, but shall not implement a memorandum of understanding. The unilateral implementation of a public agencys last, best, and final offer shall not deprive a recognized employee organization of the right each year to meet and confer on matters within the scope of representation, whether or not those matters are included in the unilateral implementation, prior to the adoption by the public agency of its annual budget, or as otherwise required by law.

 CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Assembly Bill No. 2433Introduced by Assembly Member CooperFebruary 19, 2020 An act to amend Section 3505.7 of the Government Code, relating to public employment. LEGISLATIVE COUNSEL'S DIGESTAB 2433, as introduced, Cooper. Local public employee organizations.The Meyers-Milias-Brown Act contains various provisions that govern collective bargaining of local represented employees, and delegates jurisdiction to the Public Employment Relations Board to resolve disputes and enforce the statutory duties and rights of local public agency employers and employees. The act requires the governing body of a public agency to meet and confer in good faith regarding wages, hours, and other terms and conditions of employment with representatives of recognized employee organizations. Under the act, if the representatives of the public agency and the employee organization fail to reach an agreement, they may mutually agree on the appointment of a mediator and equally share the cost.Existing law provides that after any applicable mediation and factfinding procedures have been exhausted, but no earlier than 10 days after the factfinders written findings of fact and recommended terms of settlement have been submitted to the parties, a public agency that is not required to proceed to interest arbitration may, after holding a hearing regarding the impasse, implement its last, best, and final offer.This bill would revise the above-described timeframe to no earlier than 15 days after the factfinders written findings of fact and recommended terms of settlement have been submitted to the parties.Digest Key Vote: MAJORITY  Appropriation: NO  Fiscal Committee: YES  Local Program: NO 





 CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION

 Assembly Bill 

No. 2433

Introduced by Assembly Member CooperFebruary 19, 2020

Introduced by Assembly Member Cooper
February 19, 2020

 An act to amend Section 3505.7 of the Government Code, relating to public employment. 

LEGISLATIVE COUNSEL'S DIGEST

## LEGISLATIVE COUNSEL'S DIGEST

AB 2433, as introduced, Cooper. Local public employee organizations.

The Meyers-Milias-Brown Act contains various provisions that govern collective bargaining of local represented employees, and delegates jurisdiction to the Public Employment Relations Board to resolve disputes and enforce the statutory duties and rights of local public agency employers and employees. The act requires the governing body of a public agency to meet and confer in good faith regarding wages, hours, and other terms and conditions of employment with representatives of recognized employee organizations. Under the act, if the representatives of the public agency and the employee organization fail to reach an agreement, they may mutually agree on the appointment of a mediator and equally share the cost.Existing law provides that after any applicable mediation and factfinding procedures have been exhausted, but no earlier than 10 days after the factfinders written findings of fact and recommended terms of settlement have been submitted to the parties, a public agency that is not required to proceed to interest arbitration may, after holding a hearing regarding the impasse, implement its last, best, and final offer.This bill would revise the above-described timeframe to no earlier than 15 days after the factfinders written findings of fact and recommended terms of settlement have been submitted to the parties.

The Meyers-Milias-Brown Act contains various provisions that govern collective bargaining of local represented employees, and delegates jurisdiction to the Public Employment Relations Board to resolve disputes and enforce the statutory duties and rights of local public agency employers and employees. The act requires the governing body of a public agency to meet and confer in good faith regarding wages, hours, and other terms and conditions of employment with representatives of recognized employee organizations. Under the act, if the representatives of the public agency and the employee organization fail to reach an agreement, they may mutually agree on the appointment of a mediator and equally share the cost.

Existing law provides that after any applicable mediation and factfinding procedures have been exhausted, but no earlier than 10 days after the factfinders written findings of fact and recommended terms of settlement have been submitted to the parties, a public agency that is not required to proceed to interest arbitration may, after holding a hearing regarding the impasse, implement its last, best, and final offer.

This bill would revise the above-described timeframe to no earlier than 15 days after the factfinders written findings of fact and recommended terms of settlement have been submitted to the parties.

## Digest Key

## Bill Text

The people of the State of California do enact as follows:SECTION 1. Section 3505.7 of the Government Code is amended to read:3505.7. After any applicable mediation and factfinding procedures have been exhausted, but no earlier than 10 15 days after the factfinders written findings of fact and recommended terms of settlement have been submitted to the parties pursuant to Section 3505.5, a public agency that is not required to proceed to interest arbitration may, after holding a public hearing regarding the impasse, implement its last, best, and final offer, but shall not implement a memorandum of understanding. The unilateral implementation of a public agencys last, best, and final offer shall not deprive a recognized employee organization of the right each year to meet and confer on matters within the scope of representation, whether or not those matters are included in the unilateral implementation, prior to the adoption by the public agency of its annual budget, or as otherwise required by law.

The people of the State of California do enact as follows:

## The people of the State of California do enact as follows:

SECTION 1. Section 3505.7 of the Government Code is amended to read:3505.7. After any applicable mediation and factfinding procedures have been exhausted, but no earlier than 10 15 days after the factfinders written findings of fact and recommended terms of settlement have been submitted to the parties pursuant to Section 3505.5, a public agency that is not required to proceed to interest arbitration may, after holding a public hearing regarding the impasse, implement its last, best, and final offer, but shall not implement a memorandum of understanding. The unilateral implementation of a public agencys last, best, and final offer shall not deprive a recognized employee organization of the right each year to meet and confer on matters within the scope of representation, whether or not those matters are included in the unilateral implementation, prior to the adoption by the public agency of its annual budget, or as otherwise required by law.

SECTION 1. Section 3505.7 of the Government Code is amended to read:

### SECTION 1.

3505.7. After any applicable mediation and factfinding procedures have been exhausted, but no earlier than 10 15 days after the factfinders written findings of fact and recommended terms of settlement have been submitted to the parties pursuant to Section 3505.5, a public agency that is not required to proceed to interest arbitration may, after holding a public hearing regarding the impasse, implement its last, best, and final offer, but shall not implement a memorandum of understanding. The unilateral implementation of a public agencys last, best, and final offer shall not deprive a recognized employee organization of the right each year to meet and confer on matters within the scope of representation, whether or not those matters are included in the unilateral implementation, prior to the adoption by the public agency of its annual budget, or as otherwise required by law.

3505.7. After any applicable mediation and factfinding procedures have been exhausted, but no earlier than 10 15 days after the factfinders written findings of fact and recommended terms of settlement have been submitted to the parties pursuant to Section 3505.5, a public agency that is not required to proceed to interest arbitration may, after holding a public hearing regarding the impasse, implement its last, best, and final offer, but shall not implement a memorandum of understanding. The unilateral implementation of a public agencys last, best, and final offer shall not deprive a recognized employee organization of the right each year to meet and confer on matters within the scope of representation, whether or not those matters are included in the unilateral implementation, prior to the adoption by the public agency of its annual budget, or as otherwise required by law.

3505.7. After any applicable mediation and factfinding procedures have been exhausted, but no earlier than 10 15 days after the factfinders written findings of fact and recommended terms of settlement have been submitted to the parties pursuant to Section 3505.5, a public agency that is not required to proceed to interest arbitration may, after holding a public hearing regarding the impasse, implement its last, best, and final offer, but shall not implement a memorandum of understanding. The unilateral implementation of a public agencys last, best, and final offer shall not deprive a recognized employee organization of the right each year to meet and confer on matters within the scope of representation, whether or not those matters are included in the unilateral implementation, prior to the adoption by the public agency of its annual budget, or as otherwise required by law.



3505.7. After any applicable mediation and factfinding procedures have been exhausted, but no earlier than 10 15 days after the factfinders written findings of fact and recommended terms of settlement have been submitted to the parties pursuant to Section 3505.5, a public agency that is not required to proceed to interest arbitration may, after holding a public hearing regarding the impasse, implement its last, best, and final offer, but shall not implement a memorandum of understanding. The unilateral implementation of a public agencys last, best, and final offer shall not deprive a recognized employee organization of the right each year to meet and confer on matters within the scope of representation, whether or not those matters are included in the unilateral implementation, prior to the adoption by the public agency of its annual budget, or as otherwise required by law.