Excluded employees: binding arbitration.
The introduction of binding arbitration aims to streamline grievance procedures that have traditionally been viewed as ineffective, leading to numerous grievances being denied without proper resolution. By incorporating an arbitration mechanism, AB1714 seeks to reduce litigation costs for state agencies and employee organizations, which often face the burden of court proceedings due to unresolved grievances. The bill is designed to combat the issue of excessive court cases stemming from grievances that could be settled more efficiently at an earlier stage.
Assembly Bill 1714, introduced by Assembly Member Cooper, establishes a significant procedural enhancement for state excluded employees by implementing the Excluded Employee Arbitration Act. This act allows employee organizations representing excluded employees to request binding arbitration for grievances that remain unresolved after going through prescribed levels of the grievance process. The measure applies to managerial and supervisory employees who are typically excluded from traditional employee rights frameworks, aiming to provide them a structured avenue for dispute resolution with the state.
The sentiment surrounding AB 1714 appears to be largely positive among supporters of labor rights as it enhances the ability of excluded employees to seek fair resolution of disputes. Proponents argue that the act will promote more just outcomes for employees and alleviate backlogs in the court system. However, there may be skepticism regarding the establishment of an arbitration panel and the effectiveness of the proposed processes among some legislators and stakeholders who prioritize traditional grievance handling.
Notable points of contention include concerns that while the bill aims to resolve grievances more amicably and efficiently, it might also limit the ability of employees to pursue litigation if they feel arbitration lacks adequacy or fairness. The specifications for designating arbitrators and the provision that only non-prevailing parties bear costs may also lead to debates regarding the equity of the arbitration process. Furthermore, the expiration of the act in 2028 raises questions on its long-term viability and effectiveness in creating lasting change in the grievance resolution landscape for excluded employees.