California 2011-2012 Regular Session Status: Enacted

AB 646 — Local public employee organizations: impasse procedures.

Last action — Chaptered by Secretary of State - Chapter 680, Statutes of 2011.

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Assembly
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced February 16, 2011. Enacted.

Prognosis

Likely to advance 70% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

  • Cleared a recorded vote

    Passed 8 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

The Meyers-Milias-Brown Act contains various provisions that govern collective bargaining of local represented employees, and delegates jurisdiction to the Public Employment Relations Board to resolve disputes and enforce the statutory duties and rights of local public agency employers and employees. The act requires the governing body of a public agency to meet and confer in good faith regarding wages, hours, and other terms and conditions of employment with representatives of recognized employee organizations. Under the act, if the representatives of the public agency and the employee organization fail to reach an agreement, they may mutually agree on the appointment of a mediator and equally share the cost. If the parties reach an impasse, the act provides that a public agency may unilaterally implement its last, best, and final offer. This bill would authorize the employee organization, if the mediator is unable to effect settlement of the controversy within 30 days of his or her appointment, to request that the matter be submitted to a factfinding panel. The bill would require that the factfinding panel consist of one member selected by each party as well as a chairperson selected by the board or by agreement of the parties. The factfinding panel would be authorized to make investigations and hold hearings, and to issue subpoenas requiring the attendance and testimony of witnesses and the production of evidence. The bill would require all political subdivisions of the state to comply with the panel's requests for information. This bill would require, if the dispute is not settled within 30 days, the factfinding panel to make findings of fact and recommend terms of settlement, for advisory purposes only. The bill would require that these findings and recommendations be first issued to the parties, but would require the public agency to make them publicly available within 10 days after their receipt. The bill would provide for the distribution of costs associated with the factfinding panel, as specified. This bill would prohibit a public agency from implementing its last, best, and final offer until at least 10 days after the factfinders' written findings of fact and recommended terms of settlement have been submitted to the parties and the agency has held a public hearing regarding the impasse.

Bill Text

Action History

  1. Chaptered by Secretary of State - Chapter 680, Statutes of 2011.

  2. Approved by the Governor.

  3. Enrolled and presented to the Governor at 3 p.m.

  4. Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 49. Noes 27. Page 2910.).

  5. In Assembly. Concurrence in Senate amendments pending. May be considered on or after September 3 pursuant to Assembly Rule 77.

  6. Read third time. Passed. Ordered to the Assembly. (Ayes 23. Noes 14. Page 2191.).

  7. Read second time. Ordered to third reading.

  8. From committee: Do pass. (Ayes 6. Noes 3.) (August 25).

  9. In committee: Referred to APPR. suspense file.

  10. From committee: Do pass and re-refer to Com. on APPR. (Ayes 3. Noes 2.) (June 27). Re-referred to Com. on APPR.

  11. From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on P.E. & R.

  12. Referred to Com. on P.E. & R.

  13. In Senate. Read first time. To Com. on RLS. for assignment.

  14. Read third time. Passed. Ordered to the Senate. (Ayes 50. Noes 25. Page 1737.)

  15. Read second time. Ordered to third reading.

  16. Read second time and amended. Ordered to second reading.

  17. From committee: Do pass as amended. (Ayes 12. Noes 5.) (May 27).

  18. Measure version as amended on May 11 corrected.

  19. In committee: Set, first hearing. Referred to APPR. suspense file.

  20. Re-referred to Com. on APPR.

  21. From committee chair, with author's amendments: Amend, and re-refer to Com. on APPR. Read second time and amended.

  22. Re-referred to Com. on APPR.

  23. Read second time and amended.

  24. From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 4. Noes 2.) (May 4).

  25. Joint Rule 62(a), file notice suspended. (Ayes 46. Noes 25. Page 1162.)

  26. In committee: Set, first hearing. Hearing canceled at the request of author.

  27. Re-referred to Com. on P.E., R. & S.S.

  28. From committee chair, with author's amendments: Amend, and re-refer to Com. on P.E., R. & S.S. Read second time and amended.

  29. Referred to Com. on P.E., R. & S.S.

  30. From printer. May be heard in committee March 19.

  31. Read first time. To print.

Sponsors

  • Atkins · Primary

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 0 co-sponsors · 121 not signed on · 6 voted No

Sponsors (1)

  • Atkins

Co-sponsors (0)

None.

Not signed on (121)

121 members have not signed on to this bill.

Show all 121 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

AB 646 ATKINS Concurrence in Senate Amendments

Passed 49 Yea · 27 Nay · 4 Other
Party YeaNayPresentNot Voting
Republican 0200
Unaffiliated 482504
Democratic 1000
Total 492704
% of votes cast 61%34%0%5%
How each member voted (80)
Member Party Vote
Hall — Yea
Feuer — Yea
Butler — Yea
Furutani — Yea
Gatto — Yea
Carter — Yea
Huber — Yea
Fong — Yea
Allen — Yea
Cedillo — Yea
Perea — Yea
Swanson — Yea
Yamada — Not Voting
Campos — Yea
Portantino — Yea
John A. Pérez — Yea
Mitchell — Yea
Gordon — Yea
Gorell — Not Voting
Hagman — Nay
Bonilla — Yea
Atkins — Yea
Halderman — Nay
Harkey — Nay
Chesbro — Not Voting
Hayashi — Yea
Fletcher — Nay
Hueso — Yea
Huffman — Yea
Knight — Nay
Conway — Nay
Cook — Nay
Lara — Yea
Davis — Yea
Logue — Nay
Mendoza — Not Voting
Ammiano — Yea
Donnelly — Nay
Miller — Nay
Monning — Yea
Morrell — Nay
Nielsen — Nay
Norby — Nay
Pan — Yea
Silva — Nay
Solorio — Yea
Valadao — Nay
Wagner — Nay
Achadjian — Nay
Alejo — Yea
Beall — Yea
Block — Yea
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Hill — Yea
Jeffries — Nay
Ma — Yea
Mansoor — Nay
Nestande — Nay
Olsen — Nay
Skinner — Yea
Smyth — Nay
Torres — Yea
Wieckowski — Yea
Williams — Yea
Eng — Yea
Dickinson — Yea
Fuentes — Yea
Galgiani — Yea
Garrick — Nay
Beth Gaines — Nay
Bill Berryhill — Nay
Bonnie Lowenthal — Yea
Roger Hernández — Yea
V. Manuel Pérez — Yea
Calderon, Lisa Democratic Yea
Grove, Shannon Republican Nay
Jones, Brian W. Republican Nay

Official roll call →

3rd Reading AB646 Atkins By Lieu

Passed 23 Yea · 14 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 221302
Democratic 1001
Republican 0100
Total 231403
% of votes cast 58%35%0%8%
How each member voted (40)
Member Party Vote
Hancock — Yea
Lieu — Yea
Wolk — Yea
Yee — Yea
Lowenthal — Yea
De León — Yea
Rubio — Yea
Huff — Nay
Kehoe — Yea
Cannella — Nay
Liu — Yea
Price — Yea
Steinberg — Yea
Wright — Yea
Emmerson — Nay
Harman — Not Voting
Runner — Nay
Negrete McLeod — Not Voting
Anderson — Nay
Dutton — Nay
Walters — Nay
Alquist — Yea
Blakeslee — Nay
Hernandez — Yea
Leno — Yea
Pavley — Yea
Simitian — Yea
Vargas — Yea
Wyland — Nay
Corbett — Yea
Correa — Yea
Evans — Yea
DeSaulnier — Yea
Fuller — Nay
Beth Gaines — Nay
Bill Berryhill — Nay
La Malfa — Nay
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Not Voting
Strickland, Tony Republican Nay

Official roll call →

Do pass.

Passed 6 Yea · 3 Nay
Party YeaNayPresentNot Voting
Unaffiliated 6300
Total 6300
% of votes cast 67%33%0%0%
How each member voted (9)
Member Party Vote
Runner — Nay
Lieu — Yea
Price — Yea
Steinberg — Yea
Walters — Nay
Alquist — Yea
Kehoe — Yea
Pavley — Yea
Emmerson — Nay

Official roll call →

Placed on Appropriations Suspense file.

Passed 8 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 8001
Total 8001
% of votes cast 89%0%0%11%
How each member voted (9)
Member Party Vote
Runner — Not Voting
Lieu — Yea
Pavley — Yea
Alquist — Yea
Kehoe — Yea
Price — Yea
Steinberg — Yea
Walters — Yea
Emmerson — Yea

Official roll call →

AB 646 ATKINS Assembly Third Reading

Passed 50 Yea · 25 Nay · 5 Other
Party YeaNayPresentNot Voting
Unaffiliated 492305
Republican 0200
Democratic 1000
Total 502505
% of votes cast 63%31%0%6%
How each member voted (80)
Member Party Vote
Hagman — Nay
Feuer — Yea
Furutani — Yea
Fong — Yea
Galgiani — Yea
Allen — Yea
Gordon — Yea
Halderman — Nay
Butler — Yea
Portantino — Yea
John A. Pérez — Yea
Mitchell — Yea
Hall — Yea
Hayashi — Yea
Hill — Yea
Campos — Yea
Huber — Yea
Bonilla — Yea
Atkins — Yea
Huffman — Yea
Knight — Nay
Carter — Yea
Logue — Nay
Fletcher — Nay
Mendoza — Yea
Ammiano — Yea
Block — Yea
Cedillo — Yea
Chesbro — Yea
Conway — Nay
Cook — Nay
Davis — Yea
Donnelly — Nay
Miller — Nay
Monning — Yea
Morrell — Nay
Nestande — Nay
Norby — Nay
Olsen — Nay
Perea — Yea
Silva — Nay
Smyth — Nay
Solorio — Yea
Torres — Yea
Valadao — Nay
Wieckowski — Yea
Williams — Yea
Garrick — Not Voting
Gorell — Not Voting
Jeffries — Not Voting
Achadjian — Nay
Alejo — Yea
Beall — Yea
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Harkey — Nay
Hueso — Yea
Lara — Yea
Ma — Yea
Mansoor — Nay
Nielsen — Nay
Pan — Yea
Skinner — Yea
Swanson — Yea
Wagner — Nay
Eng — Yea
Dickinson — Yea
Fuentes — Yea
Gatto — Yea
Yamada — Not Voting
Beth Gaines — Nay
Bill Berryhill — Nay
Bonnie Lowenthal — Yea
Roger Hernández — Yea
V. Manuel Pérez — Not Voting
Calderon, Lisa Democratic Yea
Grove, Shannon Republican Nay
Jones, Brian W. Republican Nay

Official roll call →

Do pass as amended.

Passed 12 Yea · 5 Nay
Party YeaNayPresentNot Voting
Unaffiliated 11500
Democratic 1000
Total 12500
% of votes cast 71%29%0%0%
How each member voted (17)
Member Party Vote
Hall — Yea
Hill — Yea
Mitchell — Yea
Campos — Yea
Blumenfield — Yea
Davis — Yea
Norby — Nay
Solorio — Yea
Bradford — Yea
Harkey — Nay
Lara — Yea
Nielsen — Nay
Wagner — Nay
Donnelly — Nay
Fuentes — Yea
Gatto — Yea
Calderon, Lisa Democratic Yea

Official roll call →

Subjects

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Frequently asked questions

What does AB 646 do?
The Meyers-Milias-Brown Act contains various provisions that govern collective bargaining of local represented employees, and delegates jurisdiction to the Public Employment Relations Board to resolve disputes and enforce the statutory duties and rights of local public agency employers and employees. The act requires the governing body of a public agency to meet and confer in good faith regarding wages, hours, and other terms and conditions of employment with representatives of recognized employee organizations. Under the act, if the representatives of the public agency and the employee organization fail to reach an agreement, they may mutually agree on the appointment of a mediator and equally share the cost. If the parties reach an impasse, the act provides that a public agency may unilaterally implement its last, best, and final offer. This bill would authorize the employee organization, if the mediator is unable to effect settlement of the controversy within 30 days of his or her appointment, to request that the matter be submitted to a factfinding panel. The bill would require that the factfinding panel consist of one member selected by each party as well as a chairperson selected by the board or by agreement of the parties. The factfinding panel would be authorized to make investigations and hold hearings, and to issue subpoenas requiring the attendance and testimony of witnesses and the production of evidence. The bill would require all political subdivisions of the state to comply with the panel's requests for information. This bill would require, if the dispute is not settled within 30 days, the factfinding panel to make findings of fact and recommend terms of settlement, for advisory purposes only. The bill would require that these findings and recommendations be first issued to the parties, but would require the public agency to make them publicly available within 10 days after their receipt. The bill would provide for the distribution of costs associated with the factfinding panel, as specified. This bill would prohibit a public agency from implementing its last, best, and final offer until at least 10 days after the factfinders' written findings of fact and recommended terms of settlement have been submitted to the parties and the agency has held a public hearing regarding the impasse.
Who sponsors AB 646?
AB 646 is sponsored by Atkins.
What is the current status of AB 646?
This bill has been enacted into law. Introduced February 16, 2011. Enacted.
Where can I track AB 646?
Track AB 646 free on One Click Politics — get push/email alerts when it moves.

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