Bill Text

Bill Information

PDF |Add To My Favorites |Track Bill | print page

SB-548 State and local public employee labor relations: complaints.(2017-2018)

SHARE THIS:share this bill in Facebookshare this bill in Twitter
Date Published: 04/20/2017 09:00 PM
SB548:v97#DOCUMENT

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 3509.7 and 3520.9 to the Government Code, relating to public employment.


LEGISLATIVE COUNSEL'S DIGEST


SB 548, as amended, Atkins. State and local public employee labor relations: complaints.
Existing law, the Meyers-Milias-Brown Act and the Ralph C. Dills Act, regulates the labor relations of employees and employers of local public agencies and the state, respectively. The acts grant 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 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. The acts grant the Public Employment Relations Board the power to hear specified disputes in relation to these provisions and to make determinations regarding them.
This bill, in connection with the acts described above, would prescribe certain procedures applicable to the Public Employment Relations Board with regard to complaints charges of unfair practice by employee organizations that represent firefighters, as defined. In this regard, if the board issues a decision dismissing a charge for failure to present a prima facie case, the bill would require the board to simultaneously issue a right-to-sue letter to a charging party. The bill would authorize the charging party to bring an action against an opposing party within one year of the date of the letter. If the board does not issue a final decision or order within 150 days after the filing of an unfair practice charge, as specified, or upon a decision of the board prior to that date not to issue a final decision or order, the bill would authorize a charging party, after that date and before a final decision or order is issued, to request a right-to-sue letter. The bill would require the board board, upon receipt of the request, to cease its investigation and to issue a right-to-sue notice, as specified, pursuant to certain requirements. letter to the charging party. The bill would authorize the charging party to bring an action against an opposing party within one year of the date of the letter.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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


SECTION 1.

 Section 3509.7 is added to the Government Code, to read:

3509.7.
 (a) This section applies only to an unfair practice charge alleging any violation of this chapter, or of any rule and regulation adopted by a local agency, filed by an employee organization that represents firefighters, as defined in Section 3251.

(b)If the board does not issue a final decision or order on or before 150 days after the filing of an unfair practice charge alleging a violation of this chapter, or of any rule and regulation adopted by a local agency, or upon a decision of the board prior to that date not to issue a final decision or order, the following shall apply:

(1)If a charging party has requested a right-to-sue notice, the board shall promptly notify the parties, in writing, that it will issue a right-to-sue notice to the charging party. The notice shall state that the charging party may bring a civil action against any opposing party named in the unfair practice charge within one year from the date of that notice or the party may continue to pursue its action under the board’s jurisdiction.

(2)If a right-to-sue notice has not been requested, the board shall issue to a charging party a right-to-sue notice upon completion of its investigation, or not later than one year after the filing of the unfair practice charge, whichever is earlier.

(b) Notwithstanding any other law, if the board itself issues a decision dismissing a charge for failure to present a prima facie case, the board shall simultaneously issue a right-to-sue letter to the charging party. The charging party may then bring a civil action against any opposing party named in the charge at any time within one year from the date of the letter. The superior court shall have jurisdiction to hear the action.
(c) Notwithstanding any other law, if the board itself has not issued a final decision or order on a charge within 150 days after the charge was filed, the charging party may, at any time after the 150th day and before the final decision or order is issued, request a right-to-sue letter from the board. Upon receiving the request, the board shall cease its investigation and promptly issue a right-to-sue letter to the charging party. The charging party may then bring a civil action against any opposing party named in the charge at any time within one year from the date of the letter. The superior court shall have jurisdiction to hear the action.

SEC. 2.

 Section 3520.9 is added to the Government Code, to read:

3520.9.
 (a) This section applies only to an unfair practice charge alleging any violation of this chapter, or of any rule and regulation adopted by the state employer, filed by an employee organization that represents firefighters, as defined in Section 3251.

(b)If the board does not issue a final decision or order on or before 150 days after the filing of an unfair practice alleging a violation of this chapter or of any rule and regulation adopted by the state employer, or upon a decision of the board prior to that date not to issue a final decision or order, the following shall apply:

(1)If a charging party has requested a right-to-sue notice, the board shall promptly notify the parties, in writing, that it will issue a right-to-sue notice to the charging party. The notice shall state that the charging party may bring a civil action against any opposing party named in the unfair practice charge within one year from the date of that notice or the party may continue to pursue its action under the board’s jurisdiction.

(2)If a right-to-sue notice has not been requested, the board shall issue to a charging party a right-to-sue notice upon completion of its investigation, or not later than one year after the filing of the unfair practice charge, whichever is earlier.

(b) Notwithstanding any other law, if the board itself issues a decision dismissing a charge for failure to present a prima facie case, the board shall simultaneously issue a right-to-sue letter to the charging party. The charging party may then bring a civil action against any opposing party named in the charge at any time within one year from the date of the letter. The superior court shall have jurisdiction to hear the action.
(c) Notwithstanding any other law, if the board itself has not issued a final decision or order on a charge within 150 days after the charge was filed, the charging party may, at any time after the 150th day and before the final decision or order is issued, request a right-to-sue letter from the board. Upon receiving the request, the board shall cease its investigation and promptly issue a right-to-sue letter to the charging party. The charging party may then bring a civil action against any opposing party named in the charge at any time within one year from the date of the letter. The superior court shall have jurisdiction to hear the action.