HomeMy WebLinkAboutMINUTES - 05191987 - 1.47 TO: BOARD OF SUPERVISORS
FROM: Phil Batchelor Contra
County Administrator Costa
DATE'. May 14, 1987 Cp^
SUBJECT:
Legislation: Assembly Bill 1099 (Elder)
SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION
RECOMMENDATION:
Adopt a position in opposition to AB 1099 by Assemblyman Elder
which would allow either an employer or employee, in case of an
impasse between a public agency and peace officers or
firefighters, or both, to bring in a State mediator even if the
other party does not agree to the need for a mediator.
BACKGROUND:
Under the existing Meyers-Milias-Brown Act, local public agencies
are required to meet and confer in good faith with
representatives of recognized employee organizations. Existing
provisions of this Act provide that if, after a reasonable time,
representatives of the local public agency and recognized
employee organization fail to reach agreement, the agency and
organization may agree upon the appointment of a mediator
mutually agreeable to the parties, the cost to be shared equally
by each.
Assemblyman Elder has introduced AB 1099 which sets aside this
concept of a mutually agreed upon mediator in case of peace
officers and firefighters, and allows either side to declare an
impasse and request a mediator from the State Mediation and
Conciliation Service, all costs to be paid by the State.
AB 1099 sets a dangerous precedent by undermining any motivation
to actually meet and confer in an effort to reach agreement on an
issue. AB 1099 only requires that the meet and confer process
continue for "a reasonable period of time" which is not otherwise
defined. At that point, either side can ask for mediation which,
by its nature, requires that both sides agree to the need for
mediation. It is unclear why this privilege is limited to peace
officers and firefighters, leaving out all other groups of local
employees.
As long as either side can unilaterally break off the meet and
confer process and ask for the services of a mediator, the
CONTINUED ON ATTACHMENT; _ YES SIGNATURE•
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
X APPROVE OTHER
S 1 GNATURE 1 S►• /1 . /44( /L%usCi
ACTION OF BOARD ON MaY 19, ](W APPROVED AS RECOMMENDED OTHER
VOTE OF SUPERVISORS
�/
I HEREBY CERTIFY THAT THIS IS A TRUE
X UNANIMOUS (ABSENT AND CORRECT COPY OF AN ACTION TAKEN
AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD
ABSENT: ABSTAIN: OF SUPERVISORS THE DATE SHOWN.
County Administrator r �i �
cc: Personnel Director ATTESTED 1
Jackson/Garish & Associates PHIL BATCHEL CLERK OF THE BOARD OF
CSAC Director SUPERVISORS AND COUNTY ADMINISTRATOR
Assemblyman Elder 4 k
Sheriff-Coroner C
M382/7-83 Chief, Consolidated Fire Dist. BY �DEPUTY
Page 2
Personnel Director believes the process of meet and confer will
be undermined and the value of a mediator will be subverted. The
Personnel Director recommends that the Board oppose AB 1099 and
this office concurs in that recommendation.