Category: Legislation

On September 29, 2020, Governor Newsom took action on the two bills affecting PERB. AB 2850: The Governor signed this bill into law. AB 2850 brings the Bay Area Rapid Transit District (BART) under PERB’s jurisdiction. AB 2114: The Governor vetoed this bill. Here is his veto message: To the Members of the California State Assembly:I am returning Assembly Bill 2114 without my signature. This bill would require certain higher education employers to provide anarbitration or hearing officer process to challenge a termination of employment or a disciplinary action for medical and dental interns and residents. The bill excludes disciplinary actions…

To my knowledge there are two bills awaiting action by the Governor that affect PERB: AB 2850: Brings the Bay Area Rapid Transit District (BART) under PERB’s jurisdiction. As introduced, this bill would have placed BART fully under the Meyers-Milias-Brown Act. However, the bill was amended to keep BART under its own statutory scheme but to place it under PERB’s jurisdiction for enforcement. AB 2114: Amends HEERA to allow medical residents to appeal disciplinary actions that are not based on academic or clinical matters to an impartial arbitrator. The Governor has until September 30, 2020, to sign or veto these…

AB 2850 was introduced on February 21, 2020, by Assembly Member Low. Like most transit districts, the San Francisco Bay Area Rapid Transit District (BART) is governed by the Public Utilities Code (PUC) for its operations, including its labor relations. Initially, this bill would have placed BART under the Meyers-Milias-Brown Act, therefore making it subject to PERB’s jurisdiction. However, the bill was recently amended to keep BART under the PUC’s labor relations statutes but to place it under PERB’s jurisdiction for enforcement. If enacted, this bill would create yet another unique statutory scheme under PERB’s jurisdiction. In 2018, Governor Brown…

SB 1173 was introduced on February 20, 2020, by Senator Durazo. Currently, the Public Employee Communication Chapter (PECC) (Gov. Code, §3555 et. seq.) requires public employers to regularly provide a union with the “name, job title, department, work location, work, home, and personal cellular telephone numbers, personal email addresses on file with the employer, and home address …” of the union’s bargaining unit members. SB 1173 would give an employer 10 days to cure an allegation that it provided an inaccurate or incomplete list of employees to the union. If the employer does not timely cure a violation, the union…