BILL NUMBER: AB 1808	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Williams
   (Coauthor: Senator Lieu)

                        FEBRUARY 21, 2012

   An act to amend Section 3501 of the Government Code, relating to
public employment.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1808, as introduced, Williams. Meyers-Milias-Brown Act: public
employees.
   The Meyers-Milias-Brown Act establishes procedures governing the
resolution of disputes regarding wages, hours, and other terms and
conditions of employment between public employers and public employee
organizations. Under the act, public employees have the right to
form, join, and participate in the activities of employee
organizations of their own choosing for purposes of representation on
all matters of employer-employee relations. For purposes of the act,
"public employee" is defined as any person employed by any public
agency, including employees of the fire departments and fire services
of counties, cities, cities and counties, districts, and other
political subdivisions of the state, but does not include persons
elected by popular vote or appointed to office by the Governor.
   This bill would expand the definition of "public employee" to
include any person employed by an employer that is a not a public
agency, but with which a public agency shares or codetermines
decisions governing essential employment conditions of that person.
The bill would also state that its provisions are declaratory of
existing law.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 3501 of the Government Code is amended to read:

   3501.  As used in this chapter:
   (a) "Employee organization" means either of the following:
   (1) Any organization that includes employees of a public agency
and that has as one of its primary purposes representing those
employees in their relations with that public agency.
   (2) Any organization that seeks to represent employees of a public
agency in their relations with that public agency.
   (b) "Recognized employee organization" means an employee
organization which has been formally acknowledged by the public
agency as an employee organization that represents employees of the
public agency.
   (c) Except as otherwise provided in this subdivision, "public
agency" means every governmental subdivision,  every
 district,  every  public and quasi-public
corporation,  every public agency and   public
agency, and  public service corporation and every town, city,
county, city and county and municipal corporation,  whether
incorporated or not and whether chartered or not  
regardless of whether   incorporated or chartered  . As
used in this chapter, "public agency" does not mean a school
district or a county board of education or a county superintendent of
schools or a personnel commission in a school district having a
merit system as provided in Chapter 5 (commencing with Section 45100)
of Part 25 and Chapter 4 (commencing with Section 88000) of Part 51
of the Education Code or the State of California.
   (d) "Public employee" means any person employed by any public
agency, including employees of the fire departments and fire services
of counties, cities, cities and counties, districts, and other
political subdivisions of the state, excepting those persons elected
by popular vote or appointed to office by the Governor of this state
 ; and any person employed by an employer that is not a public
agency, but with which a public agency   shares in or
codetermines decisions governing essential terms and conditions of
employment of that person  .
   (e) "Mediation" means effort by an impartial third party to assist
in reconciling a dispute regarding wages, hours and other terms and
conditions of employment between representatives of the public agency
and the recognized employee organization or recognized employee
organizations through interpretation, suggestion and advice.
   (f) "Board" means the Public Employment Relations Board
established pursuant to Section 3541.
  SEC. 2.  The Legislature finds and declares that the amendments to
Section 3501 of the Government Code made by this act do not
constitute a change in, but are declaratory of, existing law.