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SB-548 Public Employment Relations Board: petitions: expedited resolution.(2017-2018)

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Date Published: 09/05/2017 05:17 PM
SB548:v94#DOCUMENT

Amended  IN  Assembly  September 05, 2017
Amended  IN  Assembly  August 21, 2017
Amended  IN  Assembly  June 14, 2017
Amended  IN  Senate  April 20, 2017
Amended  IN  Senate  March 20, 2017

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Senate Bill No. 548

Introduced by Senators Atkins and Leyva

February 16, 2017

An act to add Sections 3541.6 and 3541.7 to the Government Code, relating to public employment.


LEGISLATIVE COUNSEL'S DIGEST


SB 548, as amended, Atkins. Public Employment Relations Board: petitions: expedited resolution.
Existing law, the Meyers-Milias-Brown Act and the Ralph C. Dills Act, law regulates the labor relations of employees and employers of local public agencies and the state, respectively. The acts grant public agencies. Existing law grants specified employees of local public agencies and the state the right to form, join, and participate in the activities of employee organizations of their choosing and require requires public agency employers, among other things, to meet and confer with representatives of recognized employee organizations and exclusive representatives on terms and conditions of employment. Existing law creates the Public Employment Relations Board and grants it specified powers in connection with public employee labor relations. The acts described above grant Existing law described above grants the board the power to hear specified disputes in relation to their these provisions and to make determinations regarding them.
This bill would authorize the Public Employment Relations Board to grant expedited status for specified matters and generally codify regulations of the board, in this regard, that are currently in effect.
This bill, in connection with the Meyers-Milias-Brown Act and the Ralph C. Dills Act, bill would require the board, upon request of an interested party, to grant expedited status for specified matters before the board if the board determines that it meets they meet certain criteria. The bill would require the board to make this determination, and notify the parties, within 120 hours of the time of the filing of the request. For matters granted expedited status, the bill would require the board to reach a conclusion on the matter by a specified deadline and if a party appeals that conclusion, to render a final decision on or before 90 days after the appeal is filed, as specified.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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


SECTION 1.

 Section 3541.6 is added to the Government Code, to read:

3541.6.
 The board may grant expedited status for any matter pending before it as follows:
(a) In a case arising under Section 32761, 32770, 32781, 32802, 33050, 33070, 33700, 40170, 40200, 51030, 51040, 51100, 51680, 61210, 61300, 61350, 61400, 61450, 71030, 71040, 71100, 71680, 81210, 81300, 81350, 81400, 81450, 91210, 91300, 91350, 91400, 91450, or 95150 or 91450 of Title 8 of the California Code of Regulations, as the section read on June 1, 2017.
(b) In a case that presents an important question of law or policy, the early resolution of which is likely to improve labor relations between or among affected parties.
(c) In conjunction with a determination to seek injunctive relief.
(d) In a case, as ordered or directed by the board itself.

SEC. 2.

 Section 3541.7 is added to the Government Code, to read:
3541.7.

(a)This section shall apply only to matters arising in connection with Chapter 10 (commencing with Section 3500) or Chapter 10.3 (commencing with Section 3512).

(b)

3541.7.
 (a) Upon the filing of a request of an interested party, the board itself shall grant expedited status for a matter pending before it in any of the following cases:
(1) In a case alleging that a party has failed to meet and confer in good faith made or proposed to make a unilateral change affecting a majority of the members of the bargaining unit regarding wages, or health or retirement benefits, the early resolution of which is likely to improve labor relations between and among the affected parties.
(2) In a case regarding the adoption or modification of local rules related to bargaining.
(3) In a case regarding information requests relating to bargaining if it appears that the bargaining is frustrated because information has not been provided.

(c)

(b) Upon a filing of a request to expedite pursuant to subdivision (b), (a), the board itself shall make a determination whether the subject of the request meets the criteria of the subdivision, and notify the parties of its decision, within 120 hours of the time of filing.

(d)

(c) (1) For a matter for which the board grants expedited status as meeting the criteria described in paragraph (1) or (2) of subdivision (b), (a), both of the following shall apply:
(A) The board shall reach a conclusion on the matter, whether by dismissing the charge, issuing a proposed decision, or approving a settlement by the parties prior to a final decision, on or before 270 days after the request to expedite was filed.
(B) If a party appeals the conclusion on the matter to the board itself, the board itself shall render a final decision on or before 90 days after the appeal is filed.
(2) For a matter for which the board grants expedited status as meeting the criteria described in paragraph (3) of subdivision (b), (a), both of the following shall apply:
(A) The board shall reach a conclusion on the matter, whether by dismissing the charge, issuing a proposed decision, or approving a settlement by the parties prior to a final decision, on or before 60 days after the request to expedite was filed.
(B) If a party appeals the conclusion on the matter to the board itself, the board itself shall render a final decision on or before 90 days after the appeal is filed.

(e)

(d) For the purposes of this section, the granting of expedited status of a matter pending before the board requires that the matter be given priority and decided on an expedited basis and that the board render a final decision within the timelines identified in this section.