Category: Legislation

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Governor Vetoes AB 729: Union Agent-Represented Worker Privilege

Governor Brown has vetoed AB 729.  This bill would have established a new evidentiary privilege for communications between a union agent and a represented worker.  The Governor issued the following veto message: To the Members of the California State Assembly: I am returning Assembly Bill 729 without my signature. This bill would establish an evidentiary privilege to prohibit the disclosure of confidential communications between represented employees and their union agents. I don't believe it is appropriate to put communications with a union agent on equal footing with communications with one's spouse, priest, physician or attorney. Moreover, this bill could compromise the…

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Governor Signs AB 218: Criminal Conviction Question on Employment Application

Governor Brown has signed AB 218.   This new law prohibits the State and local employers from asking job applicants about criminal conviction history until after the agency has determined that the applicant meets the minimum qualifications for the job.  There is an exception for any position where a criminal background investigation is required by law.  The law also does not prohibit asking about criminal convictions after the agency determines that the applicant meets the minimum qualifications for the job.  The new law takes effective July 1, 2014. Comments: It is very common for public sector job applications to contain a question asking an…

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Legislative Update

The Legislature tried to wrap things up on Thursday, September 12, 2013.  Here’s the latest on bills of interest to people in public sector labor relations (note: since my last post I’ve added some more bills of interest): AB 25: Prohibits public agency from asking a job applicant to disclose social media password(s).  Passed Legislature on 9/11/13.  On Governor’s desk. AB 218:  Prohibits public agency from asking a job applicant to disclose criminal conviction history until the agency has determined the applicant meets the minimum employment qualifications.  Passed Legislature on 9/12/13.  On Governor’s desk. AB 537:  Makes various changes to the MMBA, including:…

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Governor Signs AB 1181: Union Release Time

The Governor signed AB 1181 on September 9, 2013.  AB 1181 amends the MMBA to require employers to give paid time-off to a reasonable number of employees for the following: Formally meeting and conferring with representatives of the public agency on matters within the scope of representation. Testifying or appearing as the designated representative of the employee organization in conferences, hearings, or other proceedings before the board, or an agent thereof, in matters relating to a charge filed by the employee organization against the public agency or by the public agency against the employee organization. Testifying or appearing as the designated representative…

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Legislative Update

The last day for the Legislature to pass bills this year is September 13.  So it's going to be a busy week.  Here's an update on bills affecting public sector labor relations: AB 537:  Makes various changes to the MMBA, including: a) prohibiting ground rules that limit the ability of union negotiators to communicate directly with the employer’s governing body; b) requiring tentative agreement to be approved by the governing body within 30 days of presentation; and c) makes contractual arbitration subject to the California Arbitration Act.  Still in the Senate. AB 616:  Amends MMBA to require PERB to certify that an impasse exists…

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