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AB-2305 Public employment: collective bargaining: peace officers.(2017-2018)

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Date Published: 08/29/2018 09:00 PM
AB2305:v95#DOCUMENT

Enrolled  August 29, 2018
Passed  IN  Senate  August 22, 2018
Passed  IN  Assembly  August 27, 2018
Amended  IN  Senate  August 17, 2018
Amended  IN  Assembly  April 03, 2018
Amended  IN  Assembly  March 23, 2018

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill No. 2305


Introduced by Assembly Member Rodriguez

February 13, 2018


An act to amend Section 3511 of the Government Code, relating to public employment.


LEGISLATIVE COUNSEL'S DIGEST


AB 2305, Rodriguez. 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. Existing law excepts employers and employees under the jurisdiction of the employee relations commissions in the County of Los Angeles and the City of Los Angeles from the application of the above provisions.
This bill would specify that these provisions do not apply to disputes between a public agency and persons who are peace officers, but do apply to disputes between a public agency and peace officer employee organizations, regardless of whether the charging party or responding party is the individual peace officer, the peace officer employee organization, or the public agency.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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


SECTION 1.

 Section 3511 of the Government Code is amended to read:

3511.
 (a) The changes made to Sections 3501, 3507.1, and 3509 by Chapter 901 of the Statutes of 2000 shall not apply to disputes between a public agency and persons who are peace officers as defined in Section 830.1 of the Penal Code, but shall apply to disputes between a public agency and peace officer employee organizations. This section shall apply regardless of whether the charging party or responding party is the individual peace officer, the peace officer employee organization, or the public agency.
(b) This section does not apply to employers and employees under the jurisdiction of the employee relations commission established by, and in effect for, the County of Los Angeles and the City of Los Angeles, and does not affect the authority of those commissions provided by subdivision (d) of Section 3509.