AB 237 — Public employment: unfair practices: health protection.

Summary

Existing law establishes the Public Employment Relations Board (PERB) in state government for the purpose of resolving disputes and enforcing the statutory duties and rights of specified public employers and employees under various acts regulating collective bargaining, including the Meyers-Milias-Brown Act. Under existing law, PERB has the power and duty to investigate an unfair practice charge and to determine whether the charge is justified and the appropriate remedy for the unfair practice. This bill would enact the Public Employee Health Protection Act, which would make it an unfair practice for a covered employer, as defined, to fail or refuse to maintain or pay for continued health care or other medical coverage for an enrolled employee or their enrolled dependents, for the duration of the enrolled employee's participation in the authorized strike, at the level and under the conditions that coverage would have been provided if the employee had continued to work in their position for the duration of the strike. The act would also make it an unfair practice for a covered employer to fail to collect and remit the employee's contributions, if any, to this coverage, or to maintain any policy purporting to authorize an action prohibited by this provision or otherwise threaten an employee or their dependents' continued access to health or medical care during or as a result of the employee's participation in a strike. The act would require the restoration of health or other medical care premiums, contributions, or out-of-pocket expenses actually paid by the employee or their dependents as a result of the employer's violation of this provision, or because the employer failed to ensure continued coverage during a strike, and would require other equitable adjustments to ensure that the employee and their dependents are made whole, as specified. The act would define "covered employer" to include any public employer, as specified, that offers health care or other medical coverage for nonoccupational injuries or illness to its employees. The act would grant PERB jurisdiction over any violation of these provisions as an unfair practice, with specified enforcement powers and duties, including adjudication of claims and would state that its provisions are declaratory of, and clarify, existing law, as specified. By requiring unfair practice claims against local public employers to be adjudicated before PERB, this bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

Bill Text

• Chaptered 10/09/21 - Chaptered Current pdf October 09, 2021
• Enrolled 09/01/21 - Enrolled pdf September 01, 2021
• Amended 03/01/21 - Amended Assembly pdf March 01, 2021
• Introduced 01/13/21 - Introduced pdf January 13, 2021
• AB237 View text html

Action History

1. October 09, 2021

   Chaptered by Secretary of State - Chapter 740, Statutes of 2021.

2. October 09, 2021

   Approved by the Governor.

3. September 07, 2021

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

4. August 31, 2021

   In Assembly. Ordered to Engrossing and Enrolling.

5. August 30, 2021

   Read third time. Passed. Ordered to the Assembly. (Ayes 30. Noes 8. Page 2220.).

6. August 17, 2021

   Read second time. Ordered to third reading.

7. August 16, 2021

   From committee: Be ordered to second reading pursuant to Senate Rule 28.8.

8. July 07, 2021

   From committee: Do pass and re-refer to Com. on APPR. (Ayes 9. Noes 2.) (July 6). Re-referred to Com. on APPR.

9. June 22, 2021

   From committee: Do pass and re-refer to Com. on JUD. (Ayes 5. Noes 0.) (June 21). Re-referred to Com. on JUD.

10. May 27, 2021

    Referred to Coms. on L., P.E. & R. and JUD.

11. May 18, 2021

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

12. May 17, 2021

    Read third time. Passed. Ordered to the Senate. (Ayes 62. Noes 9. Page 1433.)

13. April 29, 2021

    Read second time. Ordered to third reading.

14. April 28, 2021

    From committee: Do pass. (Ayes 13. Noes 3.) (April 28).

15. April 19, 2021

    From committee: Do pass and re-refer to Com. on APPR. (Ayes 6. Noes 0.) (April 15). Re-referred to Com. on APPR.

16. April 16, 2021

    Coauthors revised.

17. March 02, 2021

    Re-referred to Com. on P.E. & R.

18. March 01, 2021

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

19. January 28, 2021

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

20. January 14, 2021

    From printer. May be heard in committee February 13.

21. January 13, 2021

    Read first time. To print.

Sponsors

• Gray · Primary
• Chiu · Cosponsor
• Santiago · Cosponsor
• Cooley · Cosponsor

Votes

Subjects