HomeMy WebLinkAboutMINUTES - 04222014 - C.45RECOMMENDATION(S):
ADOPT a position of "Oppose" on SB 979, as amended (Beall): Local public employee organizations: differences, a
bill that would provide that differences under provisions of the Myers-Milias-Brown Act include those differences
that arise from any dispute over any matter within the scope of representation as to which an obligation to meet and
confer exists and are not limited to negotiations after impasse after collective bargaining for a new or successor
memorandum of understanding, as recommended by the Legislation Committee.
FISCAL IMPACT:
This bill has the potential of significant fiscal impact on the County, in terms of both the negotiation process and
outcomes, but the costs are not knowable at this time.
BACKGROUND:
Existing law, the Myers-Milias-Brown Act, contains provisions that govern collective bargaining of local public
employee organizations, and requires the Public Employment Relations Board to, among other things, determine in
disputed cases whether a particular item is within or without the scope of representation.
Existing law requires the governing body of a local public agency, or those boards, commissions, administrative
officers, or other representatives as may be properly designated by law or by a governing body, to meet and confer in
good faith regarding wages, hours, and other terms and conditions of employment with representatives of recognized
employee organizations.
Existing law authorizes an employee organization to request that the parties' differences be submitted to a factfinding
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
Action of Board On: 04/22/2014 APPROVED AS RECOMMENDED OTHER
Clerks Notes:
VOTE OF SUPERVISORS
AYE:John Gioia, District I Supervisor
Candace Andersen, District II
Supervisor
Mary N. Piepho, District III
Supervisor
Karen Mitchoff, District IV
Supervisor
Federal D. Glover, District V
Supervisor
Contact: L. DeLaney,
925-335-1097
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board
of Supervisors on the date shown.
ATTESTED: April 22, 2014
David Twa, County Administrator and Clerk of the Board of Supervisors
By: June McHuen, Deputy
cc:
C. 45
To:Board of Supervisors
From:LEGISLATION COMMITTEE
Date:April 22, 2014
Contra
Costa
County
Subject:Oppose Position on SB 979, as amended( Beall): Local public employee organizations: differences
panel not sooner than 30 days or more than 45 days following the appointment or selection of a mediator pursuant to
the parties' agreement to mediate or a mediation process required by a public agency's local rules.
Existing law authorizes an employee organization, if the dispute was not submitted to a mediation, to request that the
parties' differences be submitted to a factfinding panel not later than 30 days following the date that either party
provided the other with a written notice of a declaration of impasse.
Existing law requires the Public Employment Relations Board to select a chairperson of the factfinding panel within
a specified period of time.
SB 979 would provide that differences under these provisions include those differences that arise from any dispute
over any matter within the scope of representation as to which an obligation to meet and confer exists and are not
limited to negotiations after impasse after collective bargaining for a new or successor memorandum of
understanding.
In short, SB 979 was converted to a bill that would require fact-finding for all matters within the scope of
representation, not just MOU bargaining. This is of great concern to management staff.
BACKGROUND: (CONT'D)
Current Status: 03/19/2014: Re-referred to SENATE Committee on PUBLIC EMPLOYMENT AND
RETIREMENT
At its April 3, 2014 meeting, the Legislation Committee voted unanimously to recommend that the Board of
Supervisors take a position of "oppose" on SB 979. Assembly Bill 2126, by Assembly Member Rob Bonta, has
been amended to include language from Senate Bill 979, by Senator Jim Beall. CSAC has taken a position of
oppose on AB 2126.
ATTACHMENTS
SB 979 Bill Text
AMENDED IN SENATE MARCH 17, 2014
SENATE BILL No. 979
Introduced by Senator Beall
(Coauthor: Senator Torres)
February 11, 2014
An act to amend Section 256 of the Welfare and Institutions Code,
relating to juveniles. An act to amend Section 3505.4 of the Government
Code, relating to local public employee organizations.
legislative counsel’s digest
SB 979, as amended, Beall. Juveniles: juvenile hearing officers. Local
public employee organizations: differences: factfinding panel.
Existing law, the Myers-Milias-Brown Act, contains provisions that
govern collective bargaining of local public employee organizations,
and requires the Public Employment Relations Board to, among other
things, determine in disputed cases whether a particular item is within
or without the scope of representation. Existing law requires the
governing body of a local public agency, or those boards, commissions,
administrative officers, or other representatives as may be properly
designated by law or by a governing body, to meet and confer in good
faith regarding wages, hours, and other terms and conditions of
employment with representatives of recognized employee organizations.
Existing law authorizes an employee organization to request that the
parties’ differences be submitted to a factfinding panel not sooner than
30 days or more than 45 days following the appointment or selection
of a mediator pursuant to the parties’ agreement to mediate or a
mediation process required by a public agency’s local rules. Existing
law authorizes an employee organization, if the dispute was not
submitted to a mediation, to request that the parties’ differences be
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submitted to a factfinding panel not later than 30 days following the
date that either party provided the other with a written notice of a
declaration of impasse. Existing law requires the Public Employment
Relations Board to select a chairperson of the factfinding panel within
a specified period of time.
This bill would provide that differences under these provisions include
those differences that arise from any dispute over any matter within the
scope of representation as to which an obligation to meet and confer
exists and are not limited to negotiations after impasse after collective
bargaining for a new or successor memorandum of understanding.
Existing law allows a juvenile hearing officer to hear and dispose of
any case in which a minor is alleged to have committed any one of
specified misdemeanors or infractions.
This bill would make a technical, nonsubstantive change to these
provisions.
Vote: majority. Appropriation: no. Fiscal committee: no yes.
State-mandated local program: no.
The people of the State of California do enact as follows:
line 1 SECTION 1. Section 3505.4 of the Government Code is
line 2 amended to read:
line 3 3505.4. (a) (1) The employee organization may request that
line 4 the parties’ differences be submitted to a factfinding panel not
line 5 sooner than 30 days, but not more than 45 days, following the
line 6 appointment or selection of a mediator pursuant to the parties’
line 7 agreement to mediate or a mediation process required by a public
line 8 agency’s local rules. If the dispute was not submitted to mediation,
line 9 an employee organization may request that the parties’ differences
line 10 be submitted to a factfinding panel not later than 30 days following
line 11 the date that either party provided the other with a written notice
line 12 of a declaration of impasse. Within five days after receipt of the
line 13 written request, each party shall select a person to serve as its
line 14 member of the factfinding panel. The Public Employment Relations
line 15 Board shall, within five days after the selection of panel members
line 16 by the parties, select a chairperson of the factfinding panel.
line 17 (2) For the purposes of paragraph (1), differences between the
line 18 parties that are subject to a request by the employee organization
line 19 for submission to a factfinding panel may include differences that
line 20 arise from any dispute over any matter within the scope of
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line 1 representation as to which an obligation to meet and confer exists
line 2 under Section 3505 and are not limited to negotiations after
line 3 impasse after collective bargaining for a new or successor
line 4 memorandum of understanding.
line 5 (b) Within five days after the board selects a chairperson of the
line 6 factfinding panel, the parties may mutually agree upon a person
line 7 to serve as chairperson in lieu of the person selected by the board.
line 8 (c) The panel shall, within 10 days after its appointment, meet
line 9 with the parties or their representatives, either jointly or separately,
line 10 and may make inquiries and investigations, hold hearings, and
line 11 take any other steps it deems appropriate. For the purpose of the
line 12 hearings, investigations, and inquiries, the panel shall have the
line 13 power to issue subpoenas requiring the attendance and testimony
line 14 of witnesses and the production of evidence. Any state agency, as
line 15 defined in Section 11000, the California State University, or any
line 16 political subdivision of the state, including any board of education,
line 17 shall furnish the panel, upon its request, with all records, papers,
line 18 and information in their possession relating to any matter under
line 19 investigation by or in issue before the panel.
line 20 (d) In arriving at their findings and recommendations, the
line 21 factfinders shall consider, weigh, and be guided by all the following
line 22 criteria:
line 23 (1) State and federal laws that are applicable to the employer.
line 24 (2) Local rules, regulations, or ordinances.
line 25 (3) Stipulations of the parties.
line 26 (4) The interests and welfare of the public and the financial
line 27 ability of the public agency.
line 28 (5) Comparison of the wages, hours, and conditions of
line 29 employment of the employees involved in the factfinding
line 30 proceeding with the wages, hours, and conditions of employment
line 31 of other employees performing similar services in comparable
line 32 public agencies.
line 33 (6) The consumer price index for goods and services, commonly
line 34 known as the cost of living.
line 35 (7) The overall compensation presently received by the
line 36 employees, including direct wage compensation, vacations,
line 37 holidays, and other excused time, insurance and pensions, medical
line 38 and hospitalization benefits, the continuity and stability of
line 39 employment, and all other benefits received.
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SB 979— 3 —
line 1 (8) Any other facts, not confined to those specified in paragraphs
line 2 (1) to (7), inclusive, which are normally or traditionally taken into
line 3 consideration in making the findings and recommendations.
line 4 (e) The procedural right of an employee organization to request
line 5 a factfinding panel cannot be expressly or voluntarily waived.
line 6 SECTION 1. Section 256 of the Welfare and Institutions Code
line 7 is amended to read:
line 8 256. Subject to the orders of the juvenile court, a juvenile
line 9 hearing officer may hear and dispose of any case in which a minor
line 10 under 18 years of age as of the date of the alleged offense is
line 11 charged with (1) any violation of the Vehicle Code, except Section
line 12 23136, 23140, 23152, or 23153 of that code, not declared to be a
line 13 felony, (2) a violation of subdivision (m) of Section 602 of the
line 14 Penal Code, (3) a violation of the Fish and Game Code not declared
line 15 to be a felony, (4) a violation of any of the equipment provisions
line 16 of the Harbors and Navigation Code or the vessel registration
line 17 provisions of the Vehicle Code, (5) a violation of any state or local
line 18 law relating to traffic offenses, loitering or curfew, or evasion of
line 19 fares on a public transportation system, as defined by Section
line 20 99211 of the Public Utilities Code, (6) a violation of Section 27176
line 21 of the Streets and Highways Code, (7) a violation of Section 640
line 22 or 640a of the Penal Code, (8) a violation of the rules and
line 23 regulations established pursuant to Sections 5003 and 5008 of the
line 24 Public Resources Code, (9) a violation of Section 33211.6 of the
line 25 Public Resources Code, (10) a violation of Section 25658, 25658.5,
line 26 25661, or 25662 of the Business and Professions Code, (11) a
line 27 violation of subdivision (f) of Section 647 of the Penal Code, (12)
line 28 a misdemeanor violation of Section 594 of the Penal Code,
line 29 involving defacing property with paint or any other liquid, (13) a
line 30 violation of subdivision (b), (d), or (e) of Section 594.1 of the
line 31 Penal Code, (14) a violation of subdivision (b) of Section 11357
line 32 of the Health and Safety Code, (15) any infraction, or (16) any
line 33 misdemeanor for which the minor is cited to appear by a probation
line 34 officer pursuant to subdivision (f) of Section 660.5.
O
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