CPF

CPF Bill Remedies Disparity in Employer-Employee Disputes

 

Senator Ellen Corbett (D - San Leandro)

Senator Ellen Corbett (D - San Leandro) has introduced CPF-sponsored legislation that would provide equal footing for all public safety personnel in unfair labor disputes.  Specifically, SB 1296, would clarify that parties who are subject to the Public Employment Relations Board's (PERB)  jurisdiction over the resolution of unfair labor practice charges and representation disputes, may also timely proceed to court in order to exercise their statutory rights that exist under alternate dispute resolution procedures. 

 The rules governing public employer-employee disputes are dictated by the Meyers-Milias-Brown Act (MMBA), which enables local jurisdictions, such as cities, counties, and special districts to establish administrative procedures for employee representation and collective bargaining over wages, hours and other terms and conditions of employment. 

In 2001, the PERB assumed jurisdiction over the resolution of unfair labor practice charges and representation disputes under the MMBA, excluding law enforcement officers and the City and County of Los Angeles.  However, when transferring jurisdiction to the PERB, the Legislature expressly recognized that such a transfer was not to supersede existing local ordinances or rules that provide for other methods of administering employer-employee relations.

Unlike firefighters, law enforcement organizations have been exempted from PERB’s jurisdiction, and firefighter organizations have recently been prevented from employing other voter-adopted dispute resolution processes. This distorts the clear statutory language detailing PERB’s jurisdiction. The disparity has resulted in the preservation of procedural rights for law enforcement officers and the derailment and eventual elimination of procedural rights for firefighters. 

SB 1296 would remedy this disparity by maintaining PERB's jurisdiction in all disputes, while providing equal footing for all public safety personnel.  It would clarify that the parties who are subject to the jurisdiction of the PERB may exercise the option to timely proceed to court in order to exercise statutory rights that exist under alternate dispute resolution procedures or to seek judicial interpretation in legal matters of first impression.   

SB 1296 was approved by the Senate Judiciary Committee by a vote of 4 to 1.  CLICK HERE to listen to CPF 4th District Vice President, Randy Sekany, testify at the hearing.  SB 1296 is was recently approved 28 to 5 by the entire Senate, and is now in the Assembly where it was approved by the Assembly Judiciary Committee, 10 to 0.  It has now been referred to the Assembly Appropriations Committee, where it was recently approved, 17 to 0.  SB 1296 was recently approved 73 to 1 by the entire Assembly and by the Senate, who concurred in Assembly amendments, by a vote of 28 to 5.  It is now headed to the Governor's Desk for final approval.