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AB-1362 Labor dispute arbitration: firefighters and law enforcement officers.(2003-2004)

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Passed  IN  Senate  August 19, 2004
Passed  IN  Assembly  August 26, 2004

CALIFORNIA LEGISLATURE— 2003–2004 REGULAR SESSION

Assembly Bill
No. 1362

Introduced  by  Assembly Member Wiggins, Bogh
 (Coauthor(s): Assembly Member Aghazarian, Bermudez, Chavez, Dutton, Dymally, Koretz, Maddox, Nakanishi, Plescia, Samuelian, Strickland, Wyland)

February 21, 2003

An act to amend Section 1299.3 of the Code of Civil Procedure, relating to public employees.


LEGISLATIVE COUNSEL'S DIGEST


AB 1362, Wiggins. Labor dispute arbitration: firefighters and law enforcement officers.
Existing law provides that if an impasse has been declared after the representatives of an employer and firefighters or law enforcement officers have exhausted their mutual efforts to reach agreement over economic issues as defined within the scope of arbitration, and if the parties are unable to agree to the appointment of a mediator, or if a mediator is unable to effect settlement of a dispute between the parties, the employee organization may request, by written notification to the employer, that their differences be submitted to an arbitration panel. An employer is defined for purposes of these provisions to mean any local agency employing firefighters or law enforcement officers, or an entity, except the state, acting as an agent of any local agency, either directly or indirectly.
This bill would additionally apply these provisions to disputes between persons employed by the Department of Forestry and Fire Protection who are members of a specified state bargaining unit, and state employers.

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


SECTION 1.

 Section 1299.3 of the Code of Civil Procedure is amended to read:

1299.3.
 As used in this title:
(a) “Employee” means any firefighter or law enforcement officer represented by an employee organization, as defined in subdivision (b).
(b) “Employee organization” means any organization recognized by the employer for the purpose of representing firefighters or law enforcement officers in matters relating to wages, hours, and other terms and conditions of employment within the scope of arbitration.
(c) “Employer” means any state or local agency employing employees, as defined in subdivision (a), or any entity acting as an agent of any state or local agency, either directly or indirectly.
(d) (1) “Firefighter” means any person who is employed by a local agency to perform firefighting, fire prevention, fire training, hazardous materials response, emergency medical services, fire or arson investigation, or any related duties, without respect to the rank, job title, or job assignment of that person.
(2) “Firefighter” also means any person employed by the Department of Forestry and Fire Protection who is a member of Bargaining Unit 8.
(e) “Law enforcement officer” means any person employed by a local agency who is a peace officer, as defined in Section 830.1 of, subdivisions (b) and (d) of Section 830.31 of, subdivisions (a), (b), and (c) of Section 830.32 of, subdivisions (a), (b), and (d) of Section 830.33 of, subdivisions (a) and (b) of Section 830.35 of, subdivision (a) of Section 830.5 of, and subdivision (a) of Section 830.55 of, the Penal Code, without respect to the rank, job title, or job assignment of that person.
(f) “Local agency” means any governmental subdivision, district, public and quasi-public corporation, joint powers agency, public agency or public service corporation, town, city, county, city and county, or municipal corporation, whether incorporated or not or whether chartered or not.
(g) “Scope of arbitration” means economic issues, including salaries, wages and overtime pay, health and pension benefits, vacation and other leave, reimbursements, incentives, differentials, and all other forms of remuneration. The scope of arbitration shall not include any issue that is protected by what is commonly referred to as the “management rights” clause contained in Section 3504 of the Government Code. Notwithstanding the foregoing, any employer that is not exempt under Section 1299.9 may supersede this subdivision by adoption of an ordinance that establishes a broader definition of “scope of arbitration.”