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AB-530 Public employment: collective bargaining: peace officers.(2017-2018)

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Date Published: 04/04/2017 09:00 PM
AB530:v98#DOCUMENT

Amended  IN  Assembly  April 04, 2017

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill No. 530


Introduced by Assembly Member Cooper

February 13, 2017


An act to amend Section 3502 of the Governemtn Code, relating to public employment. An act to repeal and add Section 3511 of the Government Code, relating to public employment.


LEGISLATIVE COUNSEL'S DIGEST


AB 530, as amended, Cooper. Local public employee labor relations. Public employment: collective bargaining: peace officers.
Existing law establishes the Public Employment Relations Board (PERB) in state government as a means of resolving disputes and enforcing the statutory duties and rights of employers and employees under the Educational Employment Relations Act, the Higher Education Employer-Employee Relations Act, the Ralph C. Dills Act, and the Meyers-Milias-Brown Act. Existing law includes within PERB’s jurisdiction resolving disputes alleging violation of rules and regulations adopted by a public agency, as defined, concerning unit determinations, representations, recognition, and elections, as specified.
Existing law requires bargaining unit determinations and representation elections to be determined and processed in accordance with rules adopted by a public agency, as specified. Existing law requires, in a representation election, a majority of the votes cast by the employees in the appropriate bargaining unit.
Existing law requires PERB to enforce and apply rules adopted by a public agency concerning unit determinations, representation, recognition, and elections. Existing law also requires specified complaints to be processed as an unfair practice charge by PERB.
Existing law does not apply the above provisions to persons who are peace officers, as defined.
This bill would expand the jurisdiction of PERB to include resolving disputes and statutory duties and rights of persons who are peace officers, as defined.

Existing law, the Meyers-Milias-Brown Act, authorizes local public employees, as defined, to form, join, and participate in the activities of employee organizations of their own choosing to represent themselves on matters of employer-employee relations. Existing law also grants these public employees the right to refuse to join or participate in those activities and to represent themselves individually in their employment relations.

This bill would make nonsubstantive changes to these provisions.

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NOYES   Local Program: NO  

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


SECTION 1.

 Section 3511 of the Government Code is repealed.
3511.

The changes made to Sections 3501, 3507.1, and 3509 of the Government Code by legislation enacted during the 1999–2000 Regular Session of the Legislature shall not apply to persons who are peace officers as defined in Section 830.1 of the Penal Code.

SEC. 2.

 Section 3511 is added to the Government Code, to read:

3511.
 Notwithstanding any other law, on and after January 1, 2018, persons who are peace officers as defined in Section 830 of the Penal Code shall be subject to the jurisdiction of the board.

SECTION 1.Section 3502 of the Government Code is amended to read:
3502.

Except as otherwise provided by the Legislature, public employees shall have the right to form, join, and participate in the activities of employee organizations of their own choosing for the purpose of representation on all matters of employer-employee relations. Public employees also shall have the right to refuse to join or participate in the activities of employee organizations and shall have the right to represent themselves individually in their employment relations with their public agencies.