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AB 537 Makes it Out of Appropriations with Amendments

AB 537 was placed on the Appropriations Committee's suspense file on August 19, 2013.  However, on the last day to pass Appropriations, AB 537 made it out of committee with amendments designed to eliminate its fiscal impact.  Specifically, the following provisions were removed from AB 537: The requirement for mandatory mediation; The requirement that local rules be adopted only after “meeting and conferring” as opposed to “consultation.” However, the following significant changes to the MMBA remain in AB 537: Employers are prohibited from proposing a negotiating ground rule that limits the ability of union negotiators to communicate directly with the employer’s…

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Update on PERB Regulations

On June 13, 2013, the Board held a public hearing on the proposed regulations regarding: 1) State Mediation and Conciliation Service (SMCS) conducted representation and agency shop elections; and 2) MMBA factfinding sufficiency determination appeals.  The proposed regulations were previously published in the April 26, 2013 California Regulatory Notice Register.  My understanding is that the Board voted to proceed with the regulations as published. According to the Office of Administrative Law (OAL) website, PERB has submitted its “Final Statement of Reasons” for the two regulatory packages and now OAL has 30 days to review the proposed regulations.  The OAL review…

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AB 1181: Expands Release Time Rights

AB 1181 was introduced by Assemblymember Gray on February 22, 2013 and was amended on April 3, 2013.  AB 1811 would expand release time rights under the MMBA.  Currently, MMBA section 3505.3 provides that an employer shall allow a reasonable number of employee representatives paid time off when "formally meeting and conferring with representatives of the public agency on matters within the scope of representation."  This bill would expand the right to paid time off to: Testifying or serving as the union representative in a PERB proceeding; and Testifying or serving as the union representative in a personnel or merit commission hearings Comments: Practically, this bill should have…

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AB 218: Limits Inquiry Into an Applicant’s Criminal Convictions

AB 218 was introduced by Assemblymember Dickinson on February 4, 2013 and was recently amended on April 10, 2013.  As amended, AB 218 would prohibit certain public employers from asking about criminal conviction history until after the agency has determined that the applicant meets the minimum qualifications for the job.  Specifically, AB 218 would add section 432.9 to the Labor Code, which states in part: 432.9. (a) A state or local agency shall not ask an applicant for employment to disclose, orally or in writing, information concerning the conviction history of the applicant, including any inquiry about conviction history on any employment…

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Significant Changes Made to AB 537

In a prior post, I discussed how AB 537 would make mediation mandatory under the MMBA.  On April 17, AB 537 was significantly amended to make the following additional changes to the MMBA: Prohibits employers from proposing a negotiating ground rule that limits the ability of union negotiators to communicate directly with the employer’s governing body (i.e. city council, board of supervisors); Eliminates requirement that a tentative agreement (TA) on a MOU be approved by the governing body.  Instead, the employer would be bound to a TA upon ratification by the union; Makes contractual arbitration subject to the California Arbitration Act;…

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