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AB-2404 State and local public employees: labor relations: strikes.(2023-2024)

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Date Published: 03/21/2024 09:00 PM
AB2404:v98#DOCUMENT

Amended  IN  Assembly  March 21, 2024

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Assembly Bill
No. 2404


Introduced by Assembly Member Lee

February 12, 2024


An act to amend Section 3500.5 of add Section 3550.1 to the Government Code, relating to public employment.


LEGISLATIVE COUNSEL'S DIGEST


AB 2404, as amended, Lee. Meyers-Milias-Brown Act. State and local public employees: labor relations: strikes.
The Meyers-Milias-Brown Act and the Ralph C. Dills Act regulate 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.
This bill would provide, except as specified, that it is not unlawful or a cause for discipline or other adverse action against a public employee for that public employee to refuse to enter property that is the site of a primary strike, perform work for a public employer involved in a primary strike, or go through or work behind a primary strike line. The bill would prohibit a public employer from directing a public employee to take those actions. The bill would authorize a recognized employee organization to inform employees of these rights and encourage them to exercise those rights. The bill would also state that a provision in a public employer policy or collective bargaining agreement that purports to limit or waive the rights set forth in this provision shall be void as against public policy, except that the bill would require the parties to negotiate over the bill’s provisions if the bill is in conflict with a collective bargaining agreement entered into before January 1, 2025, as prescribed. The bill would exempt certain public employees of fire departments and certain peace officers from these provisions.

Existing law, the Meyers-Milias-Brown Act, generally governs the labor relations of local public agencies and their employees, as specified.

This bill would make a nonsubstantive change to the provision naming the act.

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NOYES   Local Program: NO  

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


SECTION 1.

 Section 3550.1 is added to the Government Code, to read:

3550.1.
 (a) The Legislature finds and declares that the right of a public employee to demonstrate solidarity with other public employees by honoring a strike or by refusing to enter upon the premises or perform work for a public employer engaged in a primary strike is a fundamental human right protected by the California Constitution and laws of this state.
(b) Notwithstanding any other law, and except as provided in subdivision (g), it shall not be unlawful or a cause for discipline or other adverse action against a public employee for that public employee to refuse to do any of the following:
(1) Enter property that is the site of a primary strike.
(2) Perform work for a public employer involved in a primary strike.
(3) Go through or work behind any primary strike line.
(c) A public employer shall not direct a public employee to take any of the actions set forth in subdivision (b).
(d) A recognized employee organization may inform employees of their rights and encourage employees to exercise their rights under this section.
(e) (1) Except as provided in paragraph (2), a provision in a public employer policy or collective bargaining agreement that purports to limit or waive the rights set forth in this section shall be void as against public policy.
(2) If this section is in conflict with a collective bargaining agreement entered into before January 1, 2025, upon request of the employer or the exclusive representative, the parties shall negotiate over this section. A request to meet and confer pursuant to this section shall reopen the existing collective bargaining agreement solely for the purpose of negotiating an agreement regarding this section. Following the expiration of a collective bargaining agreement that was entered into before January 1, 2025, this section shall apply.
(f) This section shall not apply to any public employee who is subject to Section 1962 of the Labor Code or to any employee who is a peace officer under any of the following:
(1) Subdivision (a) or (b) of Section 830.1 of the Penal Code.
(2) Subdivision (a), (b), (c), (d), or (g) of Section 830.2 of the Penal Code.
(3) Section 830.31 of the Penal Code.
(4) Section 830.32 of the Penal Code.
(5) Section 830.33 of the Penal Code.
(6) Section 830.34 of the Penal Code.
(7) Subdivision (c) of Section 830.35 of the Penal Code.
(8) Subdivision (a), (b), or (d) of Section 830.37.
(9) Section 830.38 of the Penal Code.
(10) Subdivision (a) of Section 830.5 of the Penal Code.
(11) Section 830.15 of the Penal Code.
(g) This section does not alter existing law relating to strikes by essential employees as set forth in judicial decisions and decisions of the Public Employee Relations Board, as promulgated or revised from time to time.
(h) For the purposes of this section, “honoring a strike” means a refusal to perform work for a public employer in response to a primary strike by an exclusive representative of a public employer.

SECTION 1.Section 3500.5 of the Government Code is amended to read:
3500.5.

This chapter shall be known and cited as the “Meyers-Milias-Brown Act.”