LABOR RELATIONS IN PUBLIC AGENCIES: THE LAW (2)
CALIFORNIA SENATE BILL 1228 GIVES PRECEDENCE TO EXISTING CIVIL-SERVICE OR MERIT-SYSTEM PROVISIONS WHERE THESE MAY DIFFER FROM SECTIONS OF THE NEW LAW. SIX MAJOR PROVISIONS OF THIS BILL ARE DISCUSSED: (1) MEETINGS AND CONFERENCES IN GOOD FAITH, (2) SCOPE OF REPRESENTATION, (3) RECOGNITION OF EMPLOYEE ORGANIZATIONS, (4) REPRESENTATION UNIT, (5) WRITTEN MEMORANDA OF UNDERSTANDING, AND (6) RESOLUTION OF IMPASSES. TWO OTHER BILLS WERE ENACTED AT THE LAST SESSION WHICH EFFECT THE EMPLOYER-EMPLOYEE NEGOTIATING PROCESS. ONE WAS AN AMENDMENT TO THE BROWN ACT, WHICH FORBIDS SECRECY IN GOVERNMENT. THE AMENDMENT PERMITS A GOVERNING BODY CONTENDING WITH AN EMPLOYEE ISSUE TO MEET IN EXECUTIVE SESSION WITH ITS NEGOTIATOR OR NEGOTIATORS PRIOR TO AND DURING THE MEETING-AND-CONFERRING PROCESS, IN ORDER TO CONSIDER DEMANDS AND OFFERS AND ARRIVE AT A MANAGEMENT POSITION. THE SECOND BILL AUTHORIZES A GOVERNING BODY TO ADOPT RULES AND REGULATIONS FOR DESIGNATION OF MANAGEMENT AND CONFIDENTIAL EMPLOYEES AND FOR THE RESTRICTION OF SUCH EMPLOYEES FROM REPRESENTING AN EMPLOYEE ORGANIZATION ON MATTERS WITHIN THE SCOPE OF REPRESENTATION. SENATE BILL 1228 IS SILENT ON STRIKES. ALTHOUGH THERE IS NO STATUTORY PROHIBITION OF PUBLIC-EMPLOYEE STRIKES IN CALIFORNIA, THE COURTS HAVE RULED SUCH STRIKES ILLEGAL IN CASES RESTING ON A BASIS OTHER THAN AN EXPLICIT STATUTE.
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Authors:
- Berger, P R
- Conference:
- Publication Date: 1969
Subject/Index Terms
- TRT Terms: Communications; Labor relations; Laws; Personnel; Public relations; Public works departments; Strikes
- Subject Areas: Highways; Law; Maintenance and Preservation; Society;
Filing Info
- Accession Number: 00218543
- Record Type: Publication
- Source Agency: Itte, Calif Univ, Los Angeles
- Report/Paper Numbers: pp 27-29
- Files: TRIS
- Created Date: Feb 24 1970 12:00AM