California 2013-2014 Regular Session Status: To Executive 1 D cosponsors

AB 2126 — Meyers-Milias-Brown Act: mediation.

Last action — Vetoed by Governor.

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

This bill died with 2013-2014 Regular Session. It reached “To Executive” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

The Meyers-Milias-Brown Act requires the governing body of a local public agency to meet and confer in good faith regarding wages, hours, and other terms and conditions of employment with representatives of a recognized employee organization. The act requires, if a tentative agreement is reached and the governing body adopts the tentative agreement, that the parties prepare jointly a nonbinding written memorandum of understanding of the agreement. Under existing law, if representatives of the public employee agency and the recognized employee organization fail to reach agreement, the parties may agree together upon the appointment of a mutually agreeable mediator. This bill instead would permit either party to request mediation and would require the parties to agree upon a mediator, if either party has provided the other with a written notice of declaration of impasse. If the parties cannot agree upon a mediator, the bill would authorize either party to request the board to appoint a mediator. The bill would require the board to appoint a mediator within 5 days after receipt of the party's request, as prescribed. A public agency would not be required to proceed to mediation in its negotiations with respect to a bargaining unit under the above-described circumstances if the public agency has an impasse procedure that includes, at a minimum, a process for binding arbitration. The Meyers-Milias-Brown Act requires the Public Employment Relations Board to determine in disputed cases whether a particular item is within or without the scope of representation. Existing law requires the governing body of a local public agency, or those boards, commissions, administrative officers, or other representatives as may be properly designated by law or by a governing body, to meet and confer in good faith regarding wages, hours, and other terms and conditions of employment with representatives of recognized employee organizations. Existing law authorizes an employee organization to request that the parties' differences be submitted to a factfinding panel not sooner than 30 days or more than 45 days following the appointment or selection of a mediator pursuant to the parties' agreement to mediate or a mediation process required by a public agency's local rules. Existing law authorizes an employee organization, if the dispute was not submitted to a mediation, to request that the parties' differences be submitted to a factfinding panel not later than 30 days following the date that either party provided the other with a written notice of a declaration of impasse. Existing law prohibits an employee organization's procedural right to request a factfinding panel from being waived expressly or voluntarily. This bill would authorize differences under these provisions to include those differences that arise from any dispute over any matter within the scope of representation as to which an obligation to meet and confer exists, and are not limited to negotiations after impasse after collective bargaining for a new or successor memorandum of understanding. The bill would limit the criteria that the factfinders would be required to consider to those criteria that the factfinders deem relevant to the dispute. The bill would authorize an employee organization to voluntarily waive the right to request a factfinding panel, in writing. The bill would include legislative findings and declarations that certain of these amendments are clarifying and declaratory of existing law.

Bill Text

Action History

  1. Vetoed by Governor.

  2. Enrolled and presented to the Governor at 4 p.m.

  3. In Assembly. Ordered to Engrossing and Enrolling.

  4. Read third time. Passed. Ordered to the Assembly. (Ayes 24. Noes 10. Page 4933.).

  5. Read second time. Ordered to third reading.

  6. From committee: Do pass. (Ayes 5. Noes 0.) (August 14).

  7. In committee: Placed on APPR. suspense file.

  8. From committee: Do pass and re-refer to Com. on APPR. (Ayes 3. Noes 2.) (June 23). Re-referred to Com. on APPR.

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

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

  11. Read third time. Passed. Ordered to the Senate. (Ayes 54. Noes 22. Page 5351.)

  12. Read second time. Ordered to third reading.

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

  14. From committee: Do pass as amended. (Ayes 12. Noes 5.) (May 23).

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

  16. From committee: Do pass and re-refer to Com. on APPR. (Ayes 5. Noes 1.) (April 2). Re-referred to Com. on APPR.

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

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

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

  20. From printer. May be heard in committee March 23.

  21. Read first time. To print.

Sponsors

Sponsorship breakdown

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1 sponsors · 1 co-sponsors · 120 not signed on · 4 voted No

Sponsors (1)

Co-sponsors (1)

  • Beall

Not signed on (120)

120 members have not signed on to this bill.

Show all 120 →

"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

3rd Reading AB2126 Bonta By Beall

Passed 24 Yea · 10 Nay · 6 Other
Party YeaNayPresentNot Voting
Unaffiliated 221005
Democratic 2001
Total 241006
% of votes cast 60%25%0%15%
How each member voted (40)
Member Party Vote
Block — Yea
Lieu — Yea
Liu — Yea
Pavley — Yea
Steinberg — Yea
Wright — Not Voting
Correa — Yea
Evans — Yea
DeSaulnier — Yea
Galgiani — Yea
Hernandez — Yea
Mitchell — Yea
Beall — Yea
Leno — Yea
Torres — Yea
Wyland — Nay
Cannella — Yea
De León — Not Voting
Hancock — Not Voting
Corbett — Yea
Hill — Yea
Anderson — Nay
Hueso — Yea
Huff — Nay
Knight — Nay
Lara — Yea
Monning — Yea
Morrell — Nay
Nielsen — Nay
Roth — Yea
Vidak — Nay
Walters — Nay
Wolk — Yea
Fuller — Nay
Yee — Not Voting
Beth Gaines — Nay
Bill Berryhill — Not Voting
Calderon, Lisa Democratic Not Voting
Jackson, Corey A. Democratic Yea
Padilla, Stephen C. Democratic Yea

Official roll call →

Do pass.

Passed 5 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 4002
Democratic 1000
Total 5002
% of votes cast 71%0%0%29%
How each member voted (7)
Member Party Vote
Lara — Yea
De León — Yea
Hill — Yea
Steinberg — Yea
Walters — Not Voting
Beth Gaines — Not Voting
Padilla, Stephen C. Democratic Yea

Official roll call →

AB 2126 BONTA Assembly Third Reading

Passed 54 Yea · 22 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 501903
Democratic 4000
Republican 0300
Total 542203
% of votes cast 68%28%0%4%
How each member voted (79)
Member Party Vote
Achadjian — Nay
Alejo — Yea
Bigelow — Nay
Bloom — Yea
Bradford — Yea
Brown — Yea
Buchanan — Yea
Holden — Yea
Levine — Yea
Linder — Nay
Nestande — Nay
Perea — Yea
Quirk — Yea
Rodriguez — Yea
Ting — Yea
Wagner — Nay
Wieckowski — Yea
Wilk — Nay
Gomez — Yea
Lowenthal — Yea
Gordon — Yea
Garcia — Yea
Gray — Yea
Atkins — Yea
Hall — Yea
Fong — Yea
Dababneh — Yea
Daly — Yea
Ammiano — Yea
Nazarian — Yea
Ridley-Thomas — Yea
Skinner — Yea
Bonilla — Yea
Gatto — Yea
Hagman — Nay
Jones-Sawyer — Yea
Logue — Nay
Bocanegra — Yea
Mansoor — Nay
John A. Pérez — Yea
Salas — Yea
Medina — Yea
Allen — Nay
Mullin — Yea
Pan — Yea
Campos — Yea
Chau — Yea
Cooley — Yea
Eggman — Yea
Rendon — Yea
Waldron — Nay
Weber — Yea
Williams — Yea
Harkey — Not Voting
Maienschein — Nay
Melendez — Nay
Chesbro — Not Voting
Chávez — Nay
Conway — Nay
Olsen — Nay
Dickinson — Yea
Donnelly — Nay
Fox — Yea
Frazier — Yea
Yamada — Yea
Gorell — Nay
Beth Gaines — Nay
Jim Patterson — Not Voting
Lorena Gonzalez — Yea
Mark Stone — Yea
Roger Hernández — Yea
V. Manuel Pérez — Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Muratsuchi, Al Democratic Yea
Quirk-Silva, Sharon Democratic Yea
Dahle, Megan Republican Nay
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 11400
Democratic 1000
Republican 0100
Total 12500
% of votes cast 71%29%0%0%
How each member voted (17)
Member Party Vote
Bradford — Yea
Linder — Nay
Weber — Yea
Gatto — Yea
Gomez — Yea
Bocanegra — Yea
Holden — Yea
Campos — Yea
Pan — Yea
Quirk — Yea
Ridley-Thomas — Yea
Bigelow — Nay
Donnelly — Nay
Eggman — Yea
Wagner — Nay
Calderon, Lisa Democratic Yea
Jones, Brian W. Republican Nay

Official roll call →

Subjects

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Frequently asked questions

What does AB 2126 do?
The Meyers-Milias-Brown Act requires the governing body of a local public agency to meet and confer in good faith regarding wages, hours, and other terms and conditions of employment with representatives of a recognized employee organization. The act requires, if a tentative agreement is reached and the governing body adopts the tentative agreement, that the parties prepare jointly a nonbinding written memorandum of understanding of the agreement. Under existing law, if representatives of the public employee agency and the recognized employee organization fail to reach agreement, the parties may agree together upon the appointment of a mutually agreeable mediator. This bill instead would permit either party to request mediation and would require the parties to agree upon a mediator, if either party has provided the other with a written notice of declaration of impasse. If the parties cannot agree upon a mediator, the bill would authorize either party to request the board to appoint a mediator. The bill would require the board to appoint a mediator within 5 days after receipt of the party's request, as prescribed. A public agency would not be required to proceed to mediation in its negotiations with respect to a bargaining unit under the above-described circumstances if the public agency has an impasse procedure that includes, at a minimum, a process for binding arbitration. The Meyers-Milias-Brown Act requires the Public Employment Relations Board to determine in disputed cases whether a particular item is within or without the scope of representation. Existing law requires the governing body of a local public agency, or those boards, commissions, administrative officers, or other representatives as may be properly designated by law or by a governing body, to meet and confer in good faith regarding wages, hours, and other terms and conditions of employment with representatives of recognized employee organizations. Existing law authorizes an employee organization to request that the parties' differences be submitted to a factfinding panel not sooner than 30 days or more than 45 days following the appointment or selection of a mediator pursuant to the parties' agreement to mediate or a mediation process required by a public agency's local rules. Existing law authorizes an employee organization, if the dispute was not submitted to a mediation, to request that the parties' differences be submitted to a factfinding panel not later than 30 days following the date that either party provided the other with a written notice of a declaration of impasse. Existing law prohibits an employee organization's procedural right to request a factfinding panel from being waived expressly or voluntarily. This bill would authorize differences under these provisions to include those differences that arise from any dispute over any matter within the scope of representation as to which an obligation to meet and confer exists, and are not limited to negotiations after impasse after collective bargaining for a new or successor memorandum of understanding. The bill would limit the criteria that the factfinders would be required to consider to those criteria that the factfinders deem relevant to the dispute. The bill would authorize an employee organization to voluntarily waive the right to request a factfinding panel, in writing. The bill would include legislative findings and declarations that certain of these amendments are clarifying and declaratory of existing law.
Who sponsors AB 2126?
AB 2126 is sponsored by Beall and Bonta, Mia (Democratic).
What is the current status of AB 2126?
This bill died with 2013-2014 Regular Session. It reached “To Executive” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track AB 2126?
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