Category: Legislation

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PERB Votes to Move Forward with AB 646 Regs

At its meeting on December 8th, the Board voted to move forward with its proposed emergency regulations implementing AB 646.  For a description of what happens next, see my prior post here. UPDATE: There were a lot of people at the meeting.  When it came time for public comments on the proposed regulations only two individuals came foward to speak.  The first was Glenn Rothner who wanted to emphasize the union-side view (and in fairness, the view of some [Correction: I initially forgot to include the word "some"] management-side advocates) that AB 646 requires fact-finding even where there is no mediation. …

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PERB Releases Proposed AB 646 Regulations

Late today PERB released its final proposed regulations implementing AB 646.  (Click here for the text of the proposed regulations.)  The full Board is scheduled to consider the regulations on December 8, 2011. The great news is that PERB has proposed an outer time limit for an employee organization to request fact-finding.  Under the proposed regulations, if the parties participate in mediation, the employee organization must request fact-finding no sooner than 30 days, but no later than 45 days, after the appointment of the mediator.  If the parties do not participate in mediation, the employee organization must request fact-finding no later than 30 days…

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Governor Signs Bill Abolishing Damages for Unlawful Strikes

Governor Brown has signed AB 857 which prohibits PERB from awarding damages "for costs, expenses, or revenue losses incurred during, or as a consequence of, an unlawful strike."  In essence, this bill abolishes any monetary liability of unions for staging, or threatening to stage, an unlawful strike. The Governor provided the following signing message: I am signing Senate Bill 857. This measure corrects a recent decision by PERB that it has the authority to award damages in response to a threatened strike. The PERB decision was not faithful to current law and could not have reasonably been anticipated by the parties…

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Governor Vetoes AB 101

In a surprising move, the Governor has vetoed AB 101 which would have allowed the unionization of home child care providers.  In his veto message, the Governor stated: Maintaining the quality and affordability of childcare is a very important goal. So too is making sure that working conditions are decent and fair for those who take care of our children. Balancing these objectives, however, as this bill attempts to do, is not easy or free from dispute. Today California, like the nation itself, is facing huge budget challenges. Given that reality, I am reluctant to embark on a program of…

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Legislative Update

An update on legislation related to public sector labor relations: AB 455 (Allows union to appoint half the members of a personnel commission):  Vetoed by Governor on 7/25/11 SB 857 (see also AB 1318) (Limits damages for unlawful strikes):  Passed Legislature on 9/1/11; awaits actions by Governor SB 609 (Requires PERB to issue decision in 180 days in representation cases):  Signed by Governor on 9/6/11 AB 646 (Imposes impasse procedures, including factfinding, under the MMBA):  Passed Legislative on 9/6/11; awaits action by Governor AB 101 (Allows home child care providers to unionize):  Passed Legislature on 9/9/11; awaits action by Governor Other Bills: SB…

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