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

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Date Published: 06/15/2017 04:00 AM
SB548:v96#DOCUMENT

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 3509.7 and 3520.9 3541.6 and 3541.7 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. Public Employment Relations Board: petitions: expedited resolution.
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. Existing law creates the Public Employment Retirement Board and grants it specified powers in connection with public employee labor relations. The acts described above grant the Public Employment Relations Board board the power to hear specified disputes in relation to these their 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 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, 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, upon receipt of the request, to cease its investigation and to issue a right-to-sue 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.

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, would require the board, upon request of an interested party, to grant expedited status for a matter before the board if the board determines that it meets 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 render a final decision within 150 days of the filing of the request.
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, its Chief Administrative Law Judge, or its Office of General Counsel 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 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.

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) Upon the filing of a request of an interested party, the board 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 or meet and consult in good faith regarding wages or other forms of compensation, 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) Upon a filing of a request to expedite pursuant to subdivision (b), the board 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) 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 150 days of the filing of the request.

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)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)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.