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AB-1808 Meyers-Milias-Brown Act: public employees.(2011-2012)

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CALIFORNIA LEGISLATURE— 2011–2012 REGULAR SESSION

Assembly Bill
No. 1808


Introduced  by  Assembly Member Williams
(Coauthor(s): Senator Lieu)

February 21, 2012


An act to amend Section 3501 of the Government Code, relating to public employment.


LEGISLATIVE COUNSEL'S DIGEST


AB 1808, as introduced, Williams. Meyers-Milias-Brown Act: public employees.
The Meyers-Milias-Brown Act establishes procedures governing the resolution of disputes regarding wages, hours, and other terms and conditions of employment between public employers and public employee organizations. Under the act, public employees have the right to form, join, and participate in the activities of employee organizations of their own choosing for purposes of representation on all matters of employer-employee relations. For purposes of the act, “public employee” is defined as any person employed by any public agency, including employees of the fire departments and fire services of counties, cities, cities and counties, districts, and other political subdivisions of the state, but does not include persons elected by popular vote or appointed to office by the Governor.
This bill would expand the definition of “public employee” to include any person employed by an employer that is a not a public agency, but with which a public agency shares or codetermines decisions governing essential employment conditions of that person. The bill would also state that its provisions are declaratory of existing law.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 3501 of the Government Code is amended to read:

3501.
 As used in this chapter:
(a) “Employee organization” means either of the following:
(1) Any organization that includes employees of a public agency and that has as one of its primary purposes representing those employees in their relations with that public agency.
(2) Any organization that seeks to represent employees of a public agency in their relations with that public agency.
(b) “Recognized employee organization” means an employee organization which has been formally acknowledged by the public agency as an employee organization that represents employees of the public agency.
(c) Except as otherwise provided in this subdivision, “public agency” means every governmental subdivision, every district, every public and quasi-public corporation, every public agency and public agency, and public service corporation and every town, city, county, city and county and municipal corporation, whether incorporated or not and whether chartered or not regardless of whether incorporated or chartered. As used in this chapter, “public agency” does not mean a school district or a county board of education or a county superintendent of schools or a personnel commission in a school district having a merit system as provided in Chapter 5 (commencing with Section 45100) of Part 25 and Chapter 4 (commencing with Section 88000) of Part 51 of the Education Code or the State of California.
(d) “Public employee” means any person employed by any public agency, including employees of the fire departments and fire services of counties, cities, cities and counties, districts, and other political subdivisions of the state, excepting those persons elected by popular vote or appointed to office by the Governor of this state; and any person employed by an employer that is not a public agency, but with which a public agency shares in or codetermines decisions governing essential terms and conditions of employment of that person.
(e) “Mediation” means effort by an impartial third party to assist in reconciling a dispute regarding wages, hours and other terms and conditions of employment between representatives of the public agency and the recognized employee organization or recognized employee organizations through interpretation, suggestion and advice.
(f) “Board” means the Public Employment Relations Board established pursuant to Section 3541.

SEC. 2.

 The Legislature finds and declares that the amendments to Section 3501 of the Government Code made by this act do not constitute a change in, but are declaratory of, existing law.