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

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Date Published: 03/21/2017 04:00 AM
SB548:v98#DOCUMENT

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 of unfair practice by employee organizations that represent firefighters, as defined. In this regard, 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 require the board to issue a right-to-sue notice, as specified, pursuant to certain requirements.
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. notice to the charging party. The notice shall state that a the charging party may bring a civil action against any other opposing party named in the unfair practice charge within one year from the date of that notice. 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 all parties 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.

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. notice to the charging party. The notice shall state that a the charging party may bring a civil action against any other opposing party named in the unfair practice charge within one year from the date of that notice. 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 all parties 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.