Category: Legislation

SB 550 was introduced by Senator Pan (D-Sacramento) on February 16, 2017. SB 550 amends EERA section 3543.8 to add the following: (b) If the employee organization prevails in an action in proving the employer failed to provide wages or benefits required by state law, the employer shall pay the employee organization’s reasonable attorney’s fees and expenses if written notice of intent to seek fees was provided to the employer at least 30 days before the action was instituted Comments: I’m opposed to this bill as it creates an uneven playing field by only allowing the union to recover its…

SB 548 was introduced by Senators Atkins (D-San Diego) and Leyva (D-Chino) on February 16, 2017. SB 548 only applies to firefighters under the MMBA and Dills Act.  But if enacted, this bill would fundamentally change PERB’s role in adjudicating unfair practice charges for this group of employees. First, SB 548 provides that if PERB has not acted on an unfair practice charge within 150 days of filing, any party can request a “right-to-sue” letter allowing the party to bring a civil action in superior court. Second, SB 548 provides that PERB must issue a right-to-sue letter upon completion of…

SB 371 was introduced by Senator John Moorlach (R-Costa Mesa) on February 14, 2017. SB 371 bill would add the following new section to the MMBA: 3505.9. An individual who will be covered by a memorandum of understanding between a public agency and a recognized public employee organization shall not represent the public agency in negotiations with the recognized employee organization. Since this bill was just introduced, a bill analysis is not yet available. Comments: Because a bill analysis is not yet available, it’s unclear what “problem” this bill is trying to solve.  It’s certainly true that under the MMBA, virtually…

The 2015-2016 legislative session is over. The Governor had until September 30th to act on any pending bills.  Here's recap of legislation affecting PERB: Senate Bill 950 (Baker) — This bill would have enacted the Excluded Employee Arbitration Act to permit excluded employees with the State of California to seek arbitration of certain grievances.  Vetoed by Governor on 9/25/16.  Veto message: “This bill adds arbitration to the existing four step grievance process for state supervisors. Expanding the grievance process for the state's managers to include legally binding arbitration will reduce departments' ability to effectively manage state operations and will result in…