Assembly Bill No. 2889 CHAPTER 315An act to amend Section 3509 of the Government Code, relating to local public employee relations. [ Approved by Governor September 20, 2024. Filed with Secretary of State September 20, 2024. ] LEGISLATIVE COUNSEL'S DIGESTAB 2889, Zbur. Local public employee relations: the City of Los Angeles Employee Relations Board and the Los Angeles County Employee Relations Commission.Existing law establishes the Public Employment Relations Board (PERB). Under existing law, PERB has the power and duty to investigate an unfair practice charge and to determine whether the charge is justified and the appropriate remedy for the unfair practice. Existing law, the Meyers-Milias-Brown Act, regulates the labor relations of employees and employers of local public agencies. The act requires that a complaint alleging any violation of the act or of any rules and regulations adopted by a public agency pursuant to specified law be processed as an unfair practice charge by PERB. The act provides that the initial determination as to whether the charge of unfair practice is justified and, if so, the appropriate remedy necessary to effectuate the purposes of the act is a matter within the exclusive jurisdiction of PERB, except that in an action to recover damages due to an unlawful strike, PERB does not have authority to award strike-preparation expenses as damages and does not have authority to award damages for costs, expenses, or revenue losses incurred during, or as a consequence of, an unlawful strike.Existing law, notwithstanding PERBs authority, grants the employee relations commissions for the City of Los Angeles and the County of Los Angeles the power and responsibility to take actions on all unfair practices, as specified.This bill would prohibit, in an action to recover damages due to an unlawful strike, the City of Los Angeles Employee Relations Board and the Los Angeles County Employee Relations Commission from awarding strike-preparation expenses as damages and awarding damages for costs, expenses, or revenue losses incurred during, or as a consequence of, an unlawful strike. The bill would provide that PERB, in an action involving the City of Los Angeles or the County of Los Angeles, has exclusive initial jurisdiction over a request for injunctive relief that seeks to enjoin organization by employees or employee activity, including, but not limited to, a strike, as specified.This bill would make legislative findings and declarations as to the necessity of a special statute for the City of Los Angeles Employee Relations Board and the Los Angeles County Employee Relations Commission.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 3509 of the Government Code is amended to read:3509. (a) The powers and duties of the board described in Section 3541.3 shall also apply, as appropriate, to this chapter and shall include the authority as set forth in subdivisions (b) and (c). Included among the appropriate powers of the board are the power to order elections, to conduct any election the board orders, and to adopt rules to apply in areas where a public agency has no rule.(b) A complaint alleging any violation of this chapter or of any rules and regulations adopted by a public agency pursuant to Section 3507 or 3507.5 shall be processed as an unfair practice charge by the board. The initial determination as to whether the charge of unfair practice is justified and, if so, the appropriate remedy necessary to effectuate the purposes of this chapter, shall be a matter within the exclusive jurisdiction of the board, except that in an action to recover damages due to an unlawful strike, the board shall have no authority to award strike-preparation expenses as damages, and shall have no authority to award damages for costs, expenses, or revenue losses incurred during, or as a consequence of, an unlawful strike. The board shall apply and interpret unfair labor practices consistent with existing judicial interpretations of this chapter.(c) The board shall enforce and apply rules adopted by a public agency concerning unit determinations, representation, recognition, and elections.(d) Notwithstanding subdivisions (a) to (c), inclusive, the employee relations commissions established by, and in effect for, the County of Los Angeles and the City of Los Angeles pursuant to Section 3507 shall have the power and responsibility to take actions on recognition, unit determinations, elections, and all unfair practices, and to issue determinations and orders as the employee relations commissions deem necessary, consistent with and pursuant to the policies of this chapter.(e) (1) Notwithstanding subdivisions (a) to (c), inclusive, in an action to recover damages due to an unlawful strike, the City of Los Angeles Employee Relations Board or the Los Angeles County Employee Relations Commission shall not do either of the following: (A) Award strike-preparation expenses as damages.(B) Award damages for costs, expenses, or revenue losses incurred during, or as a consequence of, an unlawful strike.(2) Notwithstanding subdivisions (a) to (c), inclusive, in an action involving the City of Los Angeles or the County of Los Angeles, the board has exclusive initial jurisdiction over a request for injunctive relief that seeks to enjoin organization by employees or employee activity that is arguably protected or prohibited by this chapter, including, but not limited to, a strike.(f) Notwithstanding subdivisions (a) to (c), inclusive, consistent with, and pursuant to, the provisions of Sections 3500 and 3505.4, superior courts shall have exclusive jurisdiction over actions involving interest arbitration, as governed by Title 9 (commencing with Section 1280) of Part 3 of the Code of Civil Procedure, when the action involves an employee organization that represents firefighters, as defined in Section 3251.(g) This section shall not apply to employees designated as management employees under Section 3507.5.(h) The board shall not find it an unfair practice for an employee organization to violate a rule or regulation adopted by a public agency if that rule or regulation is itself in violation of this chapter. This subdivision shall not be construed to restrict or expand the boards jurisdiction or authority as set forth in subdivisions (a) to (c), inclusive.SEC. 2. The Legislature finds and declares that a special statute is necessary and that a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique nature of the City of Los Angeles and the County of Los Angeles, where under subdivision (d) of Section 3509 of the Government Code, their respective employee relations commissions have the power and responsibility to take actions on all unfair practices, which is a power and responsibility not granted to other public agencies. For all other public agencies, the Public Employment Relations Board has that power and responsibility and has exclusive initial jurisdiction over a request for injunctive relief that seeks to enjoin employee organization or employee activity. The board is uniquely experienced in assessing complex labor disputes and their impact on the public, and has a dedicated staff of attorneys to study the parties submissions in light of previous experience, precedent, and competing interests. Neither the employee relations commission of the City of Los Angeles nor of the County of Los Angeles have access to the same enforcement resources as the board, where unlike the board, neither are budgeted for, nor maintain, an office of the general counsel nor do they have any full-time attorneys assigned to them.
Assembly Bill No. 2889 CHAPTER 315An act to amend Section 3509 of the Government Code, relating to local public employee relations. [ Approved by Governor September 20, 2024. Filed with Secretary of State September 20, 2024. ] LEGISLATIVE COUNSEL'S DIGESTAB 2889, Zbur. Local public employee relations: the City of Los Angeles Employee Relations Board and the Los Angeles County Employee Relations Commission.Existing law establishes the Public Employment Relations Board (PERB). Under existing law, PERB has the power and duty to investigate an unfair practice charge and to determine whether the charge is justified and the appropriate remedy for the unfair practice. Existing law, the Meyers-Milias-Brown Act, regulates the labor relations of employees and employers of local public agencies. The act requires that a complaint alleging any violation of the act or of any rules and regulations adopted by a public agency pursuant to specified law be processed as an unfair practice charge by PERB. The act provides that the initial determination as to whether the charge of unfair practice is justified and, if so, the appropriate remedy necessary to effectuate the purposes of the act is a matter within the exclusive jurisdiction of PERB, except that in an action to recover damages due to an unlawful strike, PERB does not have authority to award strike-preparation expenses as damages and does not have authority to award damages for costs, expenses, or revenue losses incurred during, or as a consequence of, an unlawful strike.Existing law, notwithstanding PERBs authority, grants the employee relations commissions for the City of Los Angeles and the County of Los Angeles the power and responsibility to take actions on all unfair practices, as specified.This bill would prohibit, in an action to recover damages due to an unlawful strike, the City of Los Angeles Employee Relations Board and the Los Angeles County Employee Relations Commission from awarding strike-preparation expenses as damages and awarding damages for costs, expenses, or revenue losses incurred during, or as a consequence of, an unlawful strike. The bill would provide that PERB, in an action involving the City of Los Angeles or the County of Los Angeles, has exclusive initial jurisdiction over a request for injunctive relief that seeks to enjoin organization by employees or employee activity, including, but not limited to, a strike, as specified.This bill would make legislative findings and declarations as to the necessity of a special statute for the City of Los Angeles Employee Relations Board and the Los Angeles County Employee Relations Commission.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO
Assembly Bill No. 2889 CHAPTER 315
Assembly Bill No. 2889
CHAPTER 315
An act to amend Section 3509 of the Government Code, relating to local public employee relations.
[ Approved by Governor September 20, 2024. Filed with Secretary of State September 20, 2024. ]
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
AB 2889, Zbur. Local public employee relations: the City of Los Angeles Employee Relations Board and the Los Angeles County Employee Relations Commission.
Existing law establishes the Public Employment Relations Board (PERB). Under existing law, PERB has the power and duty to investigate an unfair practice charge and to determine whether the charge is justified and the appropriate remedy for the unfair practice. Existing law, the Meyers-Milias-Brown Act, regulates the labor relations of employees and employers of local public agencies. The act requires that a complaint alleging any violation of the act or of any rules and regulations adopted by a public agency pursuant to specified law be processed as an unfair practice charge by PERB. The act provides that the initial determination as to whether the charge of unfair practice is justified and, if so, the appropriate remedy necessary to effectuate the purposes of the act is a matter within the exclusive jurisdiction of PERB, except that in an action to recover damages due to an unlawful strike, PERB does not have authority to award strike-preparation expenses as damages and does not have authority to award damages for costs, expenses, or revenue losses incurred during, or as a consequence of, an unlawful strike.Existing law, notwithstanding PERBs authority, grants the employee relations commissions for the City of Los Angeles and the County of Los Angeles the power and responsibility to take actions on all unfair practices, as specified.This bill would prohibit, in an action to recover damages due to an unlawful strike, the City of Los Angeles Employee Relations Board and the Los Angeles County Employee Relations Commission from awarding strike-preparation expenses as damages and awarding damages for costs, expenses, or revenue losses incurred during, or as a consequence of, an unlawful strike. The bill would provide that PERB, in an action involving the City of Los Angeles or the County of Los Angeles, has exclusive initial jurisdiction over a request for injunctive relief that seeks to enjoin organization by employees or employee activity, including, but not limited to, a strike, as specified.This bill would make legislative findings and declarations as to the necessity of a special statute for the City of Los Angeles Employee Relations Board and the Los Angeles County Employee Relations Commission.
Existing law establishes the Public Employment Relations Board (PERB). Under existing law, PERB has the power and duty to investigate an unfair practice charge and to determine whether the charge is justified and the appropriate remedy for the unfair practice. Existing law, the Meyers-Milias-Brown Act, regulates the labor relations of employees and employers of local public agencies. The act requires that a complaint alleging any violation of the act or of any rules and regulations adopted by a public agency pursuant to specified law be processed as an unfair practice charge by PERB. The act provides that the initial determination as to whether the charge of unfair practice is justified and, if so, the appropriate remedy necessary to effectuate the purposes of the act is a matter within the exclusive jurisdiction of PERB, except that in an action to recover damages due to an unlawful strike, PERB does not have authority to award strike-preparation expenses as damages and does not have authority to award damages for costs, expenses, or revenue losses incurred during, or as a consequence of, an unlawful strike.
Existing law, notwithstanding PERBs authority, grants the employee relations commissions for the City of Los Angeles and the County of Los Angeles the power and responsibility to take actions on all unfair practices, as specified.
This bill would prohibit, in an action to recover damages due to an unlawful strike, the City of Los Angeles Employee Relations Board and the Los Angeles County Employee Relations Commission from awarding strike-preparation expenses as damages and awarding damages for costs, expenses, or revenue losses incurred during, or as a consequence of, an unlawful strike. The bill would provide that PERB, in an action involving the City of Los Angeles or the County of Los Angeles, has exclusive initial jurisdiction over a request for injunctive relief that seeks to enjoin organization by employees or employee activity, including, but not limited to, a strike, as specified.
This bill would make legislative findings and declarations as to the necessity of a special statute for the City of Los Angeles Employee Relations Board and the Los Angeles County Employee Relations Commission.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. Section 3509 of the Government Code is amended to read:3509. (a) The powers and duties of the board described in Section 3541.3 shall also apply, as appropriate, to this chapter and shall include the authority as set forth in subdivisions (b) and (c). Included among the appropriate powers of the board are the power to order elections, to conduct any election the board orders, and to adopt rules to apply in areas where a public agency has no rule.(b) A complaint alleging any violation of this chapter or of any rules and regulations adopted by a public agency pursuant to Section 3507 or 3507.5 shall be processed as an unfair practice charge by the board. The initial determination as to whether the charge of unfair practice is justified and, if so, the appropriate remedy necessary to effectuate the purposes of this chapter, shall be a matter within the exclusive jurisdiction of the board, except that in an action to recover damages due to an unlawful strike, the board shall have no authority to award strike-preparation expenses as damages, and shall have no authority to award damages for costs, expenses, or revenue losses incurred during, or as a consequence of, an unlawful strike. The board shall apply and interpret unfair labor practices consistent with existing judicial interpretations of this chapter.(c) The board shall enforce and apply rules adopted by a public agency concerning unit determinations, representation, recognition, and elections.(d) Notwithstanding subdivisions (a) to (c), inclusive, the employee relations commissions established by, and in effect for, the County of Los Angeles and the City of Los Angeles pursuant to Section 3507 shall have the power and responsibility to take actions on recognition, unit determinations, elections, and all unfair practices, and to issue determinations and orders as the employee relations commissions deem necessary, consistent with and pursuant to the policies of this chapter.(e) (1) Notwithstanding subdivisions (a) to (c), inclusive, in an action to recover damages due to an unlawful strike, the City of Los Angeles Employee Relations Board or the Los Angeles County Employee Relations Commission shall not do either of the following: (A) Award strike-preparation expenses as damages.(B) Award damages for costs, expenses, or revenue losses incurred during, or as a consequence of, an unlawful strike.(2) Notwithstanding subdivisions (a) to (c), inclusive, in an action involving the City of Los Angeles or the County of Los Angeles, the board has exclusive initial jurisdiction over a request for injunctive relief that seeks to enjoin organization by employees or employee activity that is arguably protected or prohibited by this chapter, including, but not limited to, a strike.(f) Notwithstanding subdivisions (a) to (c), inclusive, consistent with, and pursuant to, the provisions of Sections 3500 and 3505.4, superior courts shall have exclusive jurisdiction over actions involving interest arbitration, as governed by Title 9 (commencing with Section 1280) of Part 3 of the Code of Civil Procedure, when the action involves an employee organization that represents firefighters, as defined in Section 3251.(g) This section shall not apply to employees designated as management employees under Section 3507.5.(h) The board shall not find it an unfair practice for an employee organization to violate a rule or regulation adopted by a public agency if that rule or regulation is itself in violation of this chapter. This subdivision shall not be construed to restrict or expand the boards jurisdiction or authority as set forth in subdivisions (a) to (c), inclusive.SEC. 2. The Legislature finds and declares that a special statute is necessary and that a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique nature of the City of Los Angeles and the County of Los Angeles, where under subdivision (d) of Section 3509 of the Government Code, their respective employee relations commissions have the power and responsibility to take actions on all unfair practices, which is a power and responsibility not granted to other public agencies. For all other public agencies, the Public Employment Relations Board has that power and responsibility and has exclusive initial jurisdiction over a request for injunctive relief that seeks to enjoin employee organization or employee activity. The board is uniquely experienced in assessing complex labor disputes and their impact on the public, and has a dedicated staff of attorneys to study the parties submissions in light of previous experience, precedent, and competing interests. Neither the employee relations commission of the City of Los Angeles nor of the County of Los Angeles have access to the same enforcement resources as the board, where unlike the board, neither are budgeted for, nor maintain, an office of the general counsel nor do they have any full-time attorneys assigned to them.
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 3509 of the Government Code is amended to read:3509. (a) The powers and duties of the board described in Section 3541.3 shall also apply, as appropriate, to this chapter and shall include the authority as set forth in subdivisions (b) and (c). Included among the appropriate powers of the board are the power to order elections, to conduct any election the board orders, and to adopt rules to apply in areas where a public agency has no rule.(b) A complaint alleging any violation of this chapter or of any rules and regulations adopted by a public agency pursuant to Section 3507 or 3507.5 shall be processed as an unfair practice charge by the board. The initial determination as to whether the charge of unfair practice is justified and, if so, the appropriate remedy necessary to effectuate the purposes of this chapter, shall be a matter within the exclusive jurisdiction of the board, except that in an action to recover damages due to an unlawful strike, the board shall have no authority to award strike-preparation expenses as damages, and shall have no authority to award damages for costs, expenses, or revenue losses incurred during, or as a consequence of, an unlawful strike. The board shall apply and interpret unfair labor practices consistent with existing judicial interpretations of this chapter.(c) The board shall enforce and apply rules adopted by a public agency concerning unit determinations, representation, recognition, and elections.(d) Notwithstanding subdivisions (a) to (c), inclusive, the employee relations commissions established by, and in effect for, the County of Los Angeles and the City of Los Angeles pursuant to Section 3507 shall have the power and responsibility to take actions on recognition, unit determinations, elections, and all unfair practices, and to issue determinations and orders as the employee relations commissions deem necessary, consistent with and pursuant to the policies of this chapter.(e) (1) Notwithstanding subdivisions (a) to (c), inclusive, in an action to recover damages due to an unlawful strike, the City of Los Angeles Employee Relations Board or the Los Angeles County Employee Relations Commission shall not do either of the following: (A) Award strike-preparation expenses as damages.(B) Award damages for costs, expenses, or revenue losses incurred during, or as a consequence of, an unlawful strike.(2) Notwithstanding subdivisions (a) to (c), inclusive, in an action involving the City of Los Angeles or the County of Los Angeles, the board has exclusive initial jurisdiction over a request for injunctive relief that seeks to enjoin organization by employees or employee activity that is arguably protected or prohibited by this chapter, including, but not limited to, a strike.(f) Notwithstanding subdivisions (a) to (c), inclusive, consistent with, and pursuant to, the provisions of Sections 3500 and 3505.4, superior courts shall have exclusive jurisdiction over actions involving interest arbitration, as governed by Title 9 (commencing with Section 1280) of Part 3 of the Code of Civil Procedure, when the action involves an employee organization that represents firefighters, as defined in Section 3251.(g) This section shall not apply to employees designated as management employees under Section 3507.5.(h) The board shall not find it an unfair practice for an employee organization to violate a rule or regulation adopted by a public agency if that rule or regulation is itself in violation of this chapter. This subdivision shall not be construed to restrict or expand the boards jurisdiction or authority as set forth in subdivisions (a) to (c), inclusive.
SECTION 1. Section 3509 of the Government Code is amended to read:
### SECTION 1.
3509. (a) The powers and duties of the board described in Section 3541.3 shall also apply, as appropriate, to this chapter and shall include the authority as set forth in subdivisions (b) and (c). Included among the appropriate powers of the board are the power to order elections, to conduct any election the board orders, and to adopt rules to apply in areas where a public agency has no rule.(b) A complaint alleging any violation of this chapter or of any rules and regulations adopted by a public agency pursuant to Section 3507 or 3507.5 shall be processed as an unfair practice charge by the board. The initial determination as to whether the charge of unfair practice is justified and, if so, the appropriate remedy necessary to effectuate the purposes of this chapter, shall be a matter within the exclusive jurisdiction of the board, except that in an action to recover damages due to an unlawful strike, the board shall have no authority to award strike-preparation expenses as damages, and shall have no authority to award damages for costs, expenses, or revenue losses incurred during, or as a consequence of, an unlawful strike. The board shall apply and interpret unfair labor practices consistent with existing judicial interpretations of this chapter.(c) The board shall enforce and apply rules adopted by a public agency concerning unit determinations, representation, recognition, and elections.(d) Notwithstanding subdivisions (a) to (c), inclusive, the employee relations commissions established by, and in effect for, the County of Los Angeles and the City of Los Angeles pursuant to Section 3507 shall have the power and responsibility to take actions on recognition, unit determinations, elections, and all unfair practices, and to issue determinations and orders as the employee relations commissions deem necessary, consistent with and pursuant to the policies of this chapter.(e) (1) Notwithstanding subdivisions (a) to (c), inclusive, in an action to recover damages due to an unlawful strike, the City of Los Angeles Employee Relations Board or the Los Angeles County Employee Relations Commission shall not do either of the following: (A) Award strike-preparation expenses as damages.(B) Award damages for costs, expenses, or revenue losses incurred during, or as a consequence of, an unlawful strike.(2) Notwithstanding subdivisions (a) to (c), inclusive, in an action involving the City of Los Angeles or the County of Los Angeles, the board has exclusive initial jurisdiction over a request for injunctive relief that seeks to enjoin organization by employees or employee activity that is arguably protected or prohibited by this chapter, including, but not limited to, a strike.(f) Notwithstanding subdivisions (a) to (c), inclusive, consistent with, and pursuant to, the provisions of Sections 3500 and 3505.4, superior courts shall have exclusive jurisdiction over actions involving interest arbitration, as governed by Title 9 (commencing with Section 1280) of Part 3 of the Code of Civil Procedure, when the action involves an employee organization that represents firefighters, as defined in Section 3251.(g) This section shall not apply to employees designated as management employees under Section 3507.5.(h) The board shall not find it an unfair practice for an employee organization to violate a rule or regulation adopted by a public agency if that rule or regulation is itself in violation of this chapter. This subdivision shall not be construed to restrict or expand the boards jurisdiction or authority as set forth in subdivisions (a) to (c), inclusive.
3509. (a) The powers and duties of the board described in Section 3541.3 shall also apply, as appropriate, to this chapter and shall include the authority as set forth in subdivisions (b) and (c). Included among the appropriate powers of the board are the power to order elections, to conduct any election the board orders, and to adopt rules to apply in areas where a public agency has no rule.(b) A complaint alleging any violation of this chapter or of any rules and regulations adopted by a public agency pursuant to Section 3507 or 3507.5 shall be processed as an unfair practice charge by the board. The initial determination as to whether the charge of unfair practice is justified and, if so, the appropriate remedy necessary to effectuate the purposes of this chapter, shall be a matter within the exclusive jurisdiction of the board, except that in an action to recover damages due to an unlawful strike, the board shall have no authority to award strike-preparation expenses as damages, and shall have no authority to award damages for costs, expenses, or revenue losses incurred during, or as a consequence of, an unlawful strike. The board shall apply and interpret unfair labor practices consistent with existing judicial interpretations of this chapter.(c) The board shall enforce and apply rules adopted by a public agency concerning unit determinations, representation, recognition, and elections.(d) Notwithstanding subdivisions (a) to (c), inclusive, the employee relations commissions established by, and in effect for, the County of Los Angeles and the City of Los Angeles pursuant to Section 3507 shall have the power and responsibility to take actions on recognition, unit determinations, elections, and all unfair practices, and to issue determinations and orders as the employee relations commissions deem necessary, consistent with and pursuant to the policies of this chapter.(e) (1) Notwithstanding subdivisions (a) to (c), inclusive, in an action to recover damages due to an unlawful strike, the City of Los Angeles Employee Relations Board or the Los Angeles County Employee Relations Commission shall not do either of the following: (A) Award strike-preparation expenses as damages.(B) Award damages for costs, expenses, or revenue losses incurred during, or as a consequence of, an unlawful strike.(2) Notwithstanding subdivisions (a) to (c), inclusive, in an action involving the City of Los Angeles or the County of Los Angeles, the board has exclusive initial jurisdiction over a request for injunctive relief that seeks to enjoin organization by employees or employee activity that is arguably protected or prohibited by this chapter, including, but not limited to, a strike.(f) Notwithstanding subdivisions (a) to (c), inclusive, consistent with, and pursuant to, the provisions of Sections 3500 and 3505.4, superior courts shall have exclusive jurisdiction over actions involving interest arbitration, as governed by Title 9 (commencing with Section 1280) of Part 3 of the Code of Civil Procedure, when the action involves an employee organization that represents firefighters, as defined in Section 3251.(g) This section shall not apply to employees designated as management employees under Section 3507.5.(h) The board shall not find it an unfair practice for an employee organization to violate a rule or regulation adopted by a public agency if that rule or regulation is itself in violation of this chapter. This subdivision shall not be construed to restrict or expand the boards jurisdiction or authority as set forth in subdivisions (a) to (c), inclusive.
3509. (a) The powers and duties of the board described in Section 3541.3 shall also apply, as appropriate, to this chapter and shall include the authority as set forth in subdivisions (b) and (c). Included among the appropriate powers of the board are the power to order elections, to conduct any election the board orders, and to adopt rules to apply in areas where a public agency has no rule.(b) A complaint alleging any violation of this chapter or of any rules and regulations adopted by a public agency pursuant to Section 3507 or 3507.5 shall be processed as an unfair practice charge by the board. The initial determination as to whether the charge of unfair practice is justified and, if so, the appropriate remedy necessary to effectuate the purposes of this chapter, shall be a matter within the exclusive jurisdiction of the board, except that in an action to recover damages due to an unlawful strike, the board shall have no authority to award strike-preparation expenses as damages, and shall have no authority to award damages for costs, expenses, or revenue losses incurred during, or as a consequence of, an unlawful strike. The board shall apply and interpret unfair labor practices consistent with existing judicial interpretations of this chapter.(c) The board shall enforce and apply rules adopted by a public agency concerning unit determinations, representation, recognition, and elections.(d) Notwithstanding subdivisions (a) to (c), inclusive, the employee relations commissions established by, and in effect for, the County of Los Angeles and the City of Los Angeles pursuant to Section 3507 shall have the power and responsibility to take actions on recognition, unit determinations, elections, and all unfair practices, and to issue determinations and orders as the employee relations commissions deem necessary, consistent with and pursuant to the policies of this chapter.(e) (1) Notwithstanding subdivisions (a) to (c), inclusive, in an action to recover damages due to an unlawful strike, the City of Los Angeles Employee Relations Board or the Los Angeles County Employee Relations Commission shall not do either of the following: (A) Award strike-preparation expenses as damages.(B) Award damages for costs, expenses, or revenue losses incurred during, or as a consequence of, an unlawful strike.(2) Notwithstanding subdivisions (a) to (c), inclusive, in an action involving the City of Los Angeles or the County of Los Angeles, the board has exclusive initial jurisdiction over a request for injunctive relief that seeks to enjoin organization by employees or employee activity that is arguably protected or prohibited by this chapter, including, but not limited to, a strike.(f) Notwithstanding subdivisions (a) to (c), inclusive, consistent with, and pursuant to, the provisions of Sections 3500 and 3505.4, superior courts shall have exclusive jurisdiction over actions involving interest arbitration, as governed by Title 9 (commencing with Section 1280) of Part 3 of the Code of Civil Procedure, when the action involves an employee organization that represents firefighters, as defined in Section 3251.(g) This section shall not apply to employees designated as management employees under Section 3507.5.(h) The board shall not find it an unfair practice for an employee organization to violate a rule or regulation adopted by a public agency if that rule or regulation is itself in violation of this chapter. This subdivision shall not be construed to restrict or expand the boards jurisdiction or authority as set forth in subdivisions (a) to (c), inclusive.
3509. (a) The powers and duties of the board described in Section 3541.3 shall also apply, as appropriate, to this chapter and shall include the authority as set forth in subdivisions (b) and (c). Included among the appropriate powers of the board are the power to order elections, to conduct any election the board orders, and to adopt rules to apply in areas where a public agency has no rule.
(b) A complaint alleging any violation of this chapter or of any rules and regulations adopted by a public agency pursuant to Section 3507 or 3507.5 shall be processed as an unfair practice charge by the board. The initial determination as to whether the charge of unfair practice is justified and, if so, the appropriate remedy necessary to effectuate the purposes of this chapter, shall be a matter within the exclusive jurisdiction of the board, except that in an action to recover damages due to an unlawful strike, the board shall have no authority to award strike-preparation expenses as damages, and shall have no authority to award damages for costs, expenses, or revenue losses incurred during, or as a consequence of, an unlawful strike. The board shall apply and interpret unfair labor practices consistent with existing judicial interpretations of this chapter.
(c) The board shall enforce and apply rules adopted by a public agency concerning unit determinations, representation, recognition, and elections.
(d) Notwithstanding subdivisions (a) to (c), inclusive, the employee relations commissions established by, and in effect for, the County of Los Angeles and the City of Los Angeles pursuant to Section 3507 shall have the power and responsibility to take actions on recognition, unit determinations, elections, and all unfair practices, and to issue determinations and orders as the employee relations commissions deem necessary, consistent with and pursuant to the policies of this chapter.
(e) (1) Notwithstanding subdivisions (a) to (c), inclusive, in an action to recover damages due to an unlawful strike, the City of Los Angeles Employee Relations Board or the Los Angeles County Employee Relations Commission shall not do either of the following:
(A) Award strike-preparation expenses as damages.
(B) Award damages for costs, expenses, or revenue losses incurred during, or as a consequence of, an unlawful strike.
(2) Notwithstanding subdivisions (a) to (c), inclusive, in an action involving the City of Los Angeles or the County of Los Angeles, the board has exclusive initial jurisdiction over a request for injunctive relief that seeks to enjoin organization by employees or employee activity that is arguably protected or prohibited by this chapter, including, but not limited to, a strike.
(f) Notwithstanding subdivisions (a) to (c), inclusive, consistent with, and pursuant to, the provisions of Sections 3500 and 3505.4, superior courts shall have exclusive jurisdiction over actions involving interest arbitration, as governed by Title 9 (commencing with Section 1280) of Part 3 of the Code of Civil Procedure, when the action involves an employee organization that represents firefighters, as defined in Section 3251.
(g) This section shall not apply to employees designated as management employees under Section 3507.5.
(h) The board shall not find it an unfair practice for an employee organization to violate a rule or regulation adopted by a public agency if that rule or regulation is itself in violation of this chapter. This subdivision shall not be construed to restrict or expand the boards jurisdiction or authority as set forth in subdivisions (a) to (c), inclusive.
SEC. 2. The Legislature finds and declares that a special statute is necessary and that a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique nature of the City of Los Angeles and the County of Los Angeles, where under subdivision (d) of Section 3509 of the Government Code, their respective employee relations commissions have the power and responsibility to take actions on all unfair practices, which is a power and responsibility not granted to other public agencies. For all other public agencies, the Public Employment Relations Board has that power and responsibility and has exclusive initial jurisdiction over a request for injunctive relief that seeks to enjoin employee organization or employee activity. The board is uniquely experienced in assessing complex labor disputes and their impact on the public, and has a dedicated staff of attorneys to study the parties submissions in light of previous experience, precedent, and competing interests. Neither the employee relations commission of the City of Los Angeles nor of the County of Los Angeles have access to the same enforcement resources as the board, where unlike the board, neither are budgeted for, nor maintain, an office of the general counsel nor do they have any full-time attorneys assigned to them.
SEC. 2. The Legislature finds and declares that a special statute is necessary and that a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique nature of the City of Los Angeles and the County of Los Angeles, where under subdivision (d) of Section 3509 of the Government Code, their respective employee relations commissions have the power and responsibility to take actions on all unfair practices, which is a power and responsibility not granted to other public agencies. For all other public agencies, the Public Employment Relations Board has that power and responsibility and has exclusive initial jurisdiction over a request for injunctive relief that seeks to enjoin employee organization or employee activity. The board is uniquely experienced in assessing complex labor disputes and their impact on the public, and has a dedicated staff of attorneys to study the parties submissions in light of previous experience, precedent, and competing interests. Neither the employee relations commission of the City of Los Angeles nor of the County of Los Angeles have access to the same enforcement resources as the board, where unlike the board, neither are budgeted for, nor maintain, an office of the general counsel nor do they have any full-time attorneys assigned to them.
SEC. 2. The Legislature finds and declares that a special statute is necessary and that a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique nature of the City of Los Angeles and the County of Los Angeles, where under subdivision (d) of Section 3509 of the Government Code, their respective employee relations commissions have the power and responsibility to take actions on all unfair practices, which is a power and responsibility not granted to other public agencies. For all other public agencies, the Public Employment Relations Board has that power and responsibility and has exclusive initial jurisdiction over a request for injunctive relief that seeks to enjoin employee organization or employee activity. The board is uniquely experienced in assessing complex labor disputes and their impact on the public, and has a dedicated staff of attorneys to study the parties submissions in light of previous experience, precedent, and competing interests. Neither the employee relations commission of the City of Los Angeles nor of the County of Los Angeles have access to the same enforcement resources as the board, where unlike the board, neither are budgeted for, nor maintain, an office of the general counsel nor do they have any full-time attorneys assigned to them.
### SEC. 2.