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Home My WebLink AboutMINUTES - 05152007 - C.32 C . 3z TO`. BOARD OF SUPERVISORS rE„.sE L o� Contra FROM: JOHN CULLEN not s COSta County Administrator �o•--_ _-_,,,.fir SrA COUx� '4 DATE: May 15, 2007 C O u n ty SUBJECT: OPPOSE POSITION ON AB 553 (Hernandez): Relating to the Public Employees Relations Board SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION: OPPOSE Assembly Bill 553 (Hernandez), legislation that would eliminate local government's ability to seek injunctive relief in cases when a potential strike by essential employees poses an imminent threat to the public health and safety, by providing the Public Employment Relations Board (PERB) with exclusive authority to determine whether to seek injunctive relief under those circumstances, as recommended by the County Administrator. FISCAL IMPACT: None. BACKGROUND: CONTINUED ON ATTACHMENT: X YES SIGNATURE: V/ ECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMI E APPROVE OTHER SIGNATURE(S): ACTION OF BOA D N �7 ��SI�� APPROVE AS RECOMMENDED OTHER ` .,f1jI5 1-r /A WAS �26UST6fl �'b MR`( a2 �2cc�' . Pfo �oA�D VL5 GUsSr<,0-0 oN VOTE,P,SUPERVISORS �y� I HEREBY CERTIFY THAT THIS IS A TRUE UNH�:MOUS (ABSEt 'S!/ ) AND CORRECT COPY OF AN ACTION TAKEN AND ENTERED ON THE MINUTES OF THE BOARD AYES: '< •<, NOES: OF SUPERVISORS ON THE DATE SHOWN. ABSENT-. __ ABSTAIN: /� >. ATTESTED o S 1 is j. JOHN CULLEN,CL RK OF THE BOARD OF SUPERVISORS AND COUNTY ADMINISTRATOR Contact Person: L.Delaney 5-1097 CC: C.Christian,via CAO's office S.Marchesi,County Counsel S.Hoffman,CAO BY: DEPUTY SUBJECT: OPPOSE AB 553 (Hernandez): Relating to PERB While existing law gives public employees the right to strike, the California Supreme Court has held that "strikes by public employees are not unlawful at common law unless or until it is clearly demonstrated that such a strike creates a substantial and imminent threat to the health or safety of the public." (County Sanitation Dist. No. 2 v. Los Angeles County Employees Association (1985) 38 Cal. 3d 564, 592.) County Sanitation "requires the courts to determine on a case-by-case basis whether the public interest overrides the basic right to strike." (Id.) AB 553 would give PERB the exclusive authority to determine, under the Meyers- Millias-Brown Act, whether to petition a court for injunctive relief in matters "involving or growing out of relations between an employee organization and a public agency." AB 553 seeks legislative preemption with respect to an issue currently before three California District Courts of Appeals involving the City of San Jose (6th District), and Counties of Contra Costa (First District) and Sacramento (3`a District). The same issue involving the County of Mendocino may also be appealed. In each of those cases, local agencies petitioned the court for injunctive relief solely to preclude limited numbers of employees from engaging in work stoppages when those employees were necessary to prevent substantial or imminent threat to the health or safety of the public. In none of the cases did the local agency allege that the MMBA had been violated. Nonetheless, the plaintiffs in each case alleged that PERB should have exclusive authority, notwithstanding the absence of any allegation involving a violation of the MMBA, to make the initial determination whether to seek injunctive relief. Counties and cities have broad common law and statutory authority over issues of public health and safety including fire, police, psychiatric emergency services, airport operations, detention services, child protective services, waste water operations, landfill operations and others. PERB has no such authority or expertise. The issues presented for injunctive relief in these cases involve public health and safety, not issues related to purported violations of the MMBA. Requiring local agencies to ask PERB to make the decision as to whether injunctive relief should be sought inappropriately usurps county and city authority over matters relating to public health and safety. Furthermore, PERB is not equipped to act quickly enough to protect the public health and safety. Unless a strike is already underway, it takes at least 3 to 5 days to work through the PERB process just to be able to seek the same relief from Superior Court that local agencies could seek in the first instance. In contrast, when a local agency can seek relief directly, the court will hear the matter no later than 24 hours after an application for a temporary restraining order is filed. In addition, courts routinely determine issues of necessity relating to public health and safety. In conclusion, AB 553 would expand PERB authority into areas in which it has no existing authority or expertise; it would usurp county authority over matters involving public health and safety; and it would add unacceptable delays to seeking injunctive relief to protect the public health and safety. CALIFORNIA LEGISLATURE-2007-08 REGULAR SESSION ASSEMBLY BILL No. 553 Introduced by Assembly Member Hernandez February 21, 2007 An act to amend Section 3509 of the Government Code, relating to the Public Employment Relations Board. LEGISLATIVE COUNSEL'S DIGEST AB 553, as introduced, Hernandez. Public Employment Relations Board. The Meyers-Milias-Brown Act 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 prescribes the powers and duties of the board with regard to,among other things,elections,the processing of unfair practice charges,and,in connection to an enumerated section of the Government Code, the authority of the board to petition the court for appropriate temporary relief or restraining orders. This bill would provide that, under the Meyers-Milias-Brown Act, the Public Employment Relations Board is authorized exclusively to make a determination whether to seek from a court of competent jurisdiction injunctive relief involving or growing out of relations between an employee organization and a public agency.The bill would provide that those changes are declaratory of existing law,as specified. Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no. 99 AB 553 —2— The 2—The people of the State of California do enact as follows: 1 SECTION 1. (a) The Legislature finds and declares that by 2 enacting this act it does not intend to restrict or expand the Public 3 Employment Relations Board's jurisdiction or authority beyond 4 that previously authorized by the Legislature. 5 (b) It is the intent of the Legislature that the amendments made 6 to Section 3509 of the Government Code by this act are intended 7 to be technical and clarifying of existing law. 8 SEC.2. Section 3509 of the Government Code is amended to 9 read: 10 3509. (a) The powers and duties of the board described in 11 Section 3541.3 shall also apply,as appropriate,to this chapter and 12 shall include the authority as set forth in subdivisions (b) and(c). 13 Included among the appropriate powers of the board are the power 14 to order elections, to conduct any election the board orders, and 15 to adopt rules to apply in areas where a public agency has no rule. 16 (b) A complaint alleging any violation of this chapter or of any 17 rules and regulations adopted by a public agency pursuant to 18 Section 3507 or 3507.5 shall be processed as an unfair practice 19 charge by the board. The initial determination as to whether the 20 charge of unfair practice is justified and, if so, the appropriate 21 remedy necessary to effectuate the purposes of this chapter, shall 22 be a matter within the exclusive jurisdiction of the board. The 23 board shall apply and interpret unfair labor practices consistent 24 with existing judicial interpretations of this chapter. 25 (c) The board shall enforce and apply rules adopted by a public 26 agency concerning unit determinations,representation,recognition, 27 and elections. 28 (d) The determination whether to seek from a court of competent 29 jurisdiction injunctive relief involving or growing out of relations 30 between an employee organization and a public agency is within 31 the exclusive jurisdiction of the board. 32 3,3 (e) Notwithstanding subdivisions (a) to (c), inclusive, the 34 employee relations commissions established by, and in effect for, 35 the County of Los Angeles and the City of Los Angeles pursuant 36 to Section 3507 shall have the power and responsibility to take 37 actions on recognition,unit determinations,elections,and all unfair 38 practices, and to issue determinations and orders as the employee 99 • —3— AB 553 1 relations commissions deem necessary, consistent with and 2 pursuant to the policies of this chapter. 3 (e)-- 4 69 This section shall not apply to employees designated as 5 management employees under Section 3507.5. 6 (f)-- 7 (g) The board shall not find it an unfair practice for an employee 8 organization to violate a rule or regulation adopted by a public 9 agency if that rule or regulation is itself in violation of this chapter. 10 This subdivision shall not be construed to restrict or expand the 11 board's jurisdiction or authority as set forth in subdivisions (a)to 12 (c), inclusive. O 99 REQUEST TO SPEAK FORM (3 Minute Limit) I wish to speak on A enda Item #: C'- Complete this form and place it in the upright box near the Date: % S V speaker's podium, and wait to be called by the Chair. _ My comments will be: ❑ Gener Personal information is optional. This speaker's card will be incorporated int o the public record of this meeting. ❑ For Name: ( �(`� j�Z �1 Against pp--- C❑ I wish to speak on the subject of: Address: L �1 City: /i�� f l ' L, Phone: I am speaking for: ❑ Myself Organization: NA Lue-, f ❑ Ido not want to speak but would like to leave comments for the Board to consider (use the back of this form)