HomeMy WebLinkAboutAgenda Report - May 15, 1985 (120)Cm COUNCIL MEE DiG
MAY 15, 1985
SYNOPSIS
OF DILLS BILL
SB 1398
PRrSEN'ITD FOR
COUNCIL'S
PERUSAL Council 4iember- Snider presented a synopsis of Senator Dills\
Bili SB 1398 regarding comulsory and binding arbitration,
indicating That in the near future he, will ask Council to
f;,rmally oppose the bill. _
r CITY COUNCIL
DAVID M. HINCHMAN, Mayor
FRED M. REID
Mayor Pro Tempore
EVELYN M. OLSON
JAMES W. PINKERTON, Jr.
JOHN R. (Randy) SNIDER
To:
From:
Subject:
Date:
CITY OF LORI
CITY HALL, 221 WEST PINE STREET
CALL SOX 3006
LODI, CALIFORNIA 95241-1910
(209) 334-5634
Honorable Mayor and Council Members
Council Member John Randy Snider
Synopsis of Senate Bill No. 1398
as introduced by Senator Dills
May 14, 1985
THOMAS A. PETERSON
City Manager
ALICE M. REIMCHE
City Clerk
RONALD M. STEIN
City Attorney
Existing law contains provisions relating to employer-employee
relations within the various local public agencies in the State of
California, which presently provides that local public employees
have a right to form, join and participate in the activities of
employees organizations for the purpose of representation on all
matte s of employer-employee relations. The chosen employee
organization has a right to represent its members and the scope of
representation includes wages, hours and other terms and conditions
of employment.
Representatives of the public employer are required in this
connection to meet and confer in good faith and endeavor to reach
agreement with the employee organization, and if agreement is
reached, to prepare a non-binding memorandum of understanding and
present it to the governing body of the public employer for
determination. The public agency and the recognized employee
organization or recognized employee organizations together are
authorized to mutually agree on the appointment of a mediator for
the purpose of settling any disputes between the parties.
Also under existing law, firefighters are statutorily prohibited
from engaging in strikes.
The following are key provisions set forth under SB1398:
1. This bill would revise provisions of existing
law with respect to certain peace officers and
firefighters employed by a local agency to
impose a state -mandated local program by
providing that in situations where a mediator is
unable to effect settlement of a controversy
between an employer and the recognized employee
organization representing peace officers or
firefighters, either party may, pursuant to
specific procedures have their differences on
economic issues submitted to binding
arbitration.
2. This bill would establish a specified procedure
for settlement of controversies between the
parties through the utilization of an arbitrator
mutually agreed upon and chosen from a list
submitted by the State Mediation and
Conciliation Service pursuant to specified
procedures.
3. This bill would provide that the jointly
incurred costs of the arbitration proceeding
shall be shared equally between the parties
unless otherwise agreed to by the parties.
4. The bill would provide that any peace officer or
firefighter willfully engaging in a strike is
subject to immediate termination, suspension,
demotion, reduction in pay or other disciplinary
action.
5. This bill would impose a state -mandated local
program by requiring local public agencies to
implement compulsory and binding arbitration for
peace officers and firefighters.
ShNATE BILL No., 1398
Introduced by Senator Dills
March 8, 1985
An act to add and repeal Chapter 4.5 (commencing with
Section 1060) of Part 3 of Division 2 of the Labor Code,
rel4ting to public safety labor disputes
LEGISLATIVE COUNSEL'S DIGEST
SB 1398, as introduced, Dills. Peace officer and firefighter
labor disputes: binding arbitration.
Existing law containsprovisions relating to
employer-employee relations within the various local public -
agencies in the State of 'California, which presently provide
that local public employees have a right to form, join, and
participate in the activities of employee organizations for the
purpose of representation on all matters. of
employer-employee relations. The chosen employee
AOL organization has a right to represent its members, and the
scope of representation includes wages, hours, and other
terms and conditions of employment. Representatives of the
public employer are required, in this connection, to meet and
confer in good faith and endeavor to reach. agreement with
the .employee organization, and, if agreement is reached, to
prepare a nonbinding memorandum of understanding and
present it to the governing body of the public employer for
determination.. The public agency and, the recognized
employee organization . or recognized employee
organizations togetli.er are authorized to mutually agree on
theap . pointme'nt of a mediat6i'for the. purpose of 'Settling any
disputes , between the. parties... Also, under existing law,
firefighters' are Statutorily prohibited from engaging in
strikeso
Thisbift would revise these provisions of existing law with
respect to certain peace officers and firefighters employed by
99 so
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E
SB 1398
would not apply to public agencies which, by_ charter,
ordinance, or resolution have adopted a mandatory
arbitration procedure meeting specked requirements.
This bill would impose a state -mandated local program by
requiring local public agencies to implement compulsory and
binding arbitration for peace officers and firefighters.
The California Constitution requires the state to reimburse
local agencies and school di-ricts for certain costs mandated
by the state. Statutory provisions establish procedures for
making that reimbursement.
This bill would provide that no reimbursement is -required
by this act for a specified reason.
This bill would also provide that if a final decision of a court
finds that any costs incurred by a local agency as a result of
participation in a binding arbitration proceeding pursuant to
the bill are required to be reimbursed by the state, this bill,
and any arbitration decision rendered pursuant to the bill,
would have no further force or effect.
This. bill would provide that any arbitration decision
resulting from court-ordered arbitration shall nit become
effective until after the final determination of a court that the
costs of the arbitration are not required to be reimbursed by
the state, and would prohibit a court from issuing an order to
arbitrate until the final determination of a court that the costs
of court-ordered arbitration are not required to be
reimbursed by the state as "costs mandated by the state," or
the Chief Justice of the California Supreme Court grants
consent to issue an order to arbitrate pursuant to specified
criteria. This bill would also state the intent of the Legislature
in this regard.
This bill, in compliance with Section 2231.5 of the Revenue
and Taxation Code, would also repeal., as of January 1, 1992,
the provisions contained in the bill for which state
reimbursement is required.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State -mandated local program: yes.
99 100
SB 1398
a local public agency, to impose a state -mandated local
program by providing that in situations where a mediator is
unable to effect settlement of a controversy between an
employer and the recognized employee organization
>`
representing peace officers or firefighters, or if the parties are
rf
unable to agree to appointment of a mediator under existing
law, either party may, pursuant to specified procedures, have
their differences on economic issues, as defined, submitted to
binding arbitration. The bill would. establish a specified
procedure for settlement of controversies between the
parties through the utilization of an arbitrator mutuallyi
agreed upon or chosen from a list submitted by the State
=
Mediation and Conciliation Service pursuant to specified
procedures.
The arbitrator appointed pursuant to these procedures
would be required to meet with the parties or their
representatives within 10 days after his or her selection, and
to make inquiries and investigations, hold hearings, and take
r
any other action, including further mediation, that the
'appropriate.
arbitrator deems
At the commencement of arbitration hearings, each of the
parties would be required to submit a last best offer of
settlement on the unresolved issues as package. The
arbitrator would decide the unresolved issues by selecting the
last best offer package which most nearly complies with
01``�
specified factors. There would -then be a waiting period of 10
days prior to public disclosure, or a longer period if agreed to,
during which the parties could mutually amend the decision.
At the end of that period, the amended agreement or the
,
arbitrator's decision would be disclosed, and would be binding'
upon the parties.
This bill would provide that the jointly incurred costs of the
arbitration proceeding shall be shared equally between the
parties, unless otherwise agreed to by the parties.
The bill would provide that any peace officer or firefighter
willfully engaging in a strike, as defined, against the public
agency employer is subject to immediate termination,
suspension, demotion, reduction in pay, or other disciplinary
action.
The provisions of the bill providing for binding arbitration
:.
99 70
SB 1398
would not apply to public agencies which, by_ charter,
ordinance, or resolution have adopted a mandatory
arbitration procedure meeting specked requirements.
This bill would impose a state -mandated local program by
requiring local public agencies to implement compulsory and
binding arbitration for peace officers and firefighters.
The California Constitution requires the state to reimburse
local agencies and school di-ricts for certain costs mandated
by the state. Statutory provisions establish procedures for
making that reimbursement.
This bill would provide that no reimbursement is -required
by this act for a specified reason.
This bill would also provide that if a final decision of a court
finds that any costs incurred by a local agency as a result of
participation in a binding arbitration proceeding pursuant to
the bill are required to be reimbursed by the state, this bill,
and any arbitration decision rendered pursuant to the bill,
would have no further force or effect.
This. bill would provide that any arbitration decision
resulting from court-ordered arbitration shall nit become
effective until after the final determination of a court that the
costs of the arbitration are not required to be reimbursed by
the state, and would prohibit a court from issuing an order to
arbitrate until the final determination of a court that the costs
of court-ordered arbitration are not required to be
reimbursed by the state as "costs mandated by the state," or
the Chief Justice of the California Supreme Court grants
consent to issue an order to arbitrate pursuant to specified
criteria. This bill would also state the intent of the Legislature
in this regard.
This bill, in compliance with Section 2231.5 of the Revenue
and Taxation Code, would also repeal., as of January 1, 1992,
the provisions contained in the bill for which state
reimbursement is required.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State -mandated local program: yes.
99 100
SB
1398
SB 1398
The people of the State of California do enact as follows.
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salaries, hours, and other forms of compensation such as
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SECTION 1. Chapter 4.5 (commencing with Section
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paid vacation, paid holidays, sick leave, insurance
benefits,: and other economic benefits to employees.
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1060) is added to Part 3 of Division 2 of the Labor Code,
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"Economic issues" shall not include the right of the
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to read:
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public agency to determine its mission, set standards of
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service to be offered to the public, and exercise control
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CHAPTER 4.5. PEACE OFFICER AND FIREFIGHTER
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and discretion over its organization and operations, the
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LABOR DISPUTES
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right of the public agency to hire, direct, assign, transfer,
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1060. The Legislature hereby finds and declares that:,
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promote, or discipline its employees, and the right of the
determine by
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public agency to the means and personnel
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strikes and work stoppages by peace officers and
Iia
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which public agency operations are to be conducted.
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firefighters are a matter of statewide concern and are not
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1062. (a) Any peace officer or firefighter who
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in the public interest. The Legislature further finds and
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willfully engages in a strike against his or her employer
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declares that bindingarbitration is the a
appropriate
'"
,i;,:
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shall be subject to immediate termination, suspension,
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method for resolving disputes that lead to these strikes.;
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demotion reduction in pay, cr other disciplinary action,
14
It is the intent of this chapter to prohibit strikes by
','
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pursuant to rules and regulations of the public agency.
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peace officers and firefighters emp,oyed by any public
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(b) As used in this section, the term "strike" means
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agency, as defined by subdivision c of Section 3501 of
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f ;
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any concerted stoppage of work by employees and any
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the Government Code, and to establish impasse
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concerted slowdown or other concerted interruption of
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remedies, including binding arbitration, in lieu of those
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operations by employees including, but not limited to,
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strikes or work stoppages h these
Y peace officers ars..'
'
":'`
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the activities commonly described as "blue flu," "green
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firefighters. It is further the intent of this chapter that
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flu," "sick in," "sick out," or "work to rule."
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these provisions shall be construed to apply to all charter
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1063. (a) If a mediator agreed to by the parties is
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cities, charter counties, and cities and counties in this
;,
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unable to effect settlement of a controversy between the
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state. It is also the intent of this chapter that binding
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public agency and the representative of the certified
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arbitration shall be restricted to economic issues.
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employee organization composed of peace office -s or
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However, the parties may agree to binding arbitration of
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firefighters within 10 days after his or her appointment,
g Y pp
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other issues pursuant to a memorandum of
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or if the parties are unable tb agree to appointment of a
understanding, or by local ordinance resolution, or29
mediator pursuant to Section 3505.2 of the Government
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charter. It is not the intent of this chapter to alter the
y,
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Code, either party may, upon written notification to the
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scope of representation provided for in Section 3504 of
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other that a controversy exists, regrest that their
30
the Government Code.'
32
differences on economic issues be submitted to binding
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1061. (a) This chapter shall apply only to
pp Y y peace
�,
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arbitration. The other party shall respond in writing
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officers, as defined by subdivision (a) of Section 830.1 of
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within five days of receipt of the notice. If that party
33
the Penal Code, and firefighters, who are employed by a
1
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either fails to deliver a timely response or refuses to
34
public agency, as defined by subdivision (c) of Section
36
voluntarily submit the controversy to arbitration, then
35
3501 of the Government Code.
37
the notifying party may petition a court of competent
36
(b) As used in this chapter, "economic issues"
38
jurisdiction for an order to arbitrate. Failure to respond
37
includes, but is not limited to, those issues having a
39
in a timely manner shall be considered as a refusal to
38
relationship to employee income, including wages,
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40"
arbitrate.
99 1'20
99 140
SB 1398
1 (b) On petition of a party alleging that the`other party
2 refuses to arbitrate a controversy, the court shall order
3 the petitioner and the 'respondent to arbitrate the
4 controversy unless it finds one of the following:
5 (1) The right to request arbitration has been waived.
6 (2) The parties have resolved the controversy by
7 agreement.
8 (3) A controversy over economic issneF does not exist.
9 (4) The petitioner has not made a good faith effort to
10 exhaust the remedies referred to in subdivision (a).
11 (5) The petitioner is not qualified under this' -chapter
12 to request arbitration.
13 If the court determines that a controversy exists, an.
14 order to arbitrate the controversy shall not be refused on
15 the ground that the petitioner's contentions lack
16 substantive merit. Any petition filed pursuant to this
17 subdivision shall have priority over any other, business
18 . before the court, and shall be disposed -of quickly and
19 expediently.
20 (c) Within 10 days of the notification, within five days
21 of issuance of an order to arbitrate, or within any
22 additional period of time to which both parties agree, an
23 arbitrator shall be mutually agreed upon or be chosen
24 from a list submitted by the State Mediation and
25 Conciliation Service, as provided in subdivision (d) .
26 (d) The State Mediation and Conciliation Service shall
27 provide the parties with a list of five competent and
28 experienced arbitrators, familiar with matters of
29 employer-employee relations in the public employment
30 � sector, and certified by the service as arbitrators qualified
31 to carry out the duties and standards of this chapter. The
32 parties may mutually request a list containing more or
33 less names than five, so long as the number requested is
34 an otld number. The parties, if they cannot agree on
35 whicl: of the listed persons shall serve as arbitrator, shall
36 alternately strike names on this list, with the first party to
37 strike to be determined by lot. The last name remaining
38 on the list shall be the arbitrator.
39 (e) The Director of Industrial Relations °shall
40 promulgate rules and regulations by which the -State
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SB 1398
Mediatiorr and Conciliation Service shall determine the
competence and experience of persons to be certified by
the service to serve as arbitrators, and to carry out the
duties, standards, and responsibilities described in this
chapter.;::
(f) The arbitrator shall, within 10 days after his or her
selection, meet with, the parties or their representatives,
either jointly or separately, and shall make inquiries and
investigations, hold hearings, and take such other action,
including further mediation, that the arbitrator deems
appropriate.
1064. For the purpose of its hearings, investigations,
or inquiries, the arbitrator shall have the power to
subpoena witnesses, administer oaths, take the testimony
or deposition of any person, and issue subpoenas duces
tecvmto require the production and examination of.any
employer or employee organization's records, books, or
papers relating to any subject matter,in dispute.'.In the
event of refusal to obey a subpoena on the part of any
person or persons, the arbitrator may bring an action to
enforce the subpoena in a court of competent
jurisdiction.
1065. , '(a) At the commencement of the arbitration
hearings the arbitrator shall direct each of the parties to
submit, within the time limit prescribed, a last best offer
of settlement on the unresolved issues as a package.
(b) The arbitrator, within 30 days after the conclusion
of the hearing, or any additional periods to which the
parties agree, shall decide on the unresolved -issues
submitted by selecting the last best offer package which
most nearly complies with the applicable factors
described in subdivision (c). The arbitrator shall not
modify either. of the offer- packages submitted by the
parties—The arbitrator shall mail or otherwise deliver a
true copy of the decision to the parties and their
representatives.
(c) ' The arbitrator shall base findings, opinions, and
decisions upon the following factors, as applicable:
(I ), The lawful adthority of the employer.
(2) .Stipulations of the parties.
99 180
NEW
SB 1398
1 (3) The interests and welfare of `the public.and the
2 financial ability. of the public agency to meet the .Costs -
3 (4) Comparison of the wages, hours, and conditioris'of
4 employment of other employees performing .,,:,,simiar
5 services and with other employees generally; ih :public
6 employment in comparable communities, and in private
7 employment in comparable communities.
8 (5) The average consumer prices for goods and
9 services, commonly known as the cost of liviMg' -
10 (6) The overall compensation presently received by
11 the employees, including direct wage compensation,
12 vacations, holidays and other excused time, insurance and
.13 pensions, medical, dental, and hospitalization benefits,
14 the continuity and stability of employment, and all other
15 benefits received.
16 (7) Changes in any of the above factors which are
17 normally or traditionally taken into consideration in the
18 determination of wages, hours, and conditions. of
19 employment through voluntary collective bargaining,
20 mediation, fact finding, arbitration, or otherwise
21 between the parties, in the public service or in private
12 employment.
23 A The decision of the arbitrator shall not be publicly
24 discussed, and shall n( -It be binding for a period of 10 days.
25 During that 10-dt'y period the parties may meet
26 privately, attempt to resolve their differences, and by
27 mutual agreement amend or modify the decision of the
28 arbitrator. At the conclusion of the 10 -day period, which
29 may be extended by the parties, the arbitrator's decision,
30 as amended by the parties, shall be publicly disclosed and
31 shall be binding on all parties.
32 (e) Unless otherwise agreed to by the parties, the
33 jointly incurred costs of the 'arbitration proceeding,
34 including the fees of the arbitrator, shall be shared
35 equally between the parties.
36 1066. Sections 1063, 1064, and 1065, shall not apply to
37 public agencies which, by charter, ordinance, or
38 resolution have adopted a mandatory arbitration
39 procedure which requires the submission --oof all
40 unresolved disputes relating towages, hours, and other
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SB 1398
terms end- conditions of employment to an impartial,
'reputable, and competent neutral arbitration board, or
neutral , and competent person, for binding
determination.
1067 * Unless otherwise provided in this chapter, Title
9 (commencing with Section 1280) of Parti of the Code
of Civil Prjcedure shall be applicable to any arbitration
undertaken either pursuant to this chapter, or to the
provisions of a local charter, ordinance, or resolution.
1068.This chapter shall remain in effect only until
January 1, 1992, and as of that date is repealed, unless a
later enacted statute, which is chaptered before January
1, 1992,,. deletes or extends that date.
SEC. 2. No reimbursement is required by this act
pursuant to Section 6 of Article XIII B of the California
Constitution because the Legislature finds and declares
that there are savings as well as costs in this act which, in
the aggregate, do not result in additional net costs.
SEC. 3. No reimbursement is required by this act
pursuant to Section 6 of Article XIII B of the California
Constitution because the Legislature finds and declares
that any costs incurred by a local agency as a result of
participation in a binding arbitration proceeding
pursuant to this act are incurred either voluntarily, or in
compliance with an order of the court, and shall be
,considered to be "costs mandated by the courts" within
the meaning of Section 2205 of the Revenue and Taxation
Code. If, notwithstanding this section, a final decision of -
a court finds that any costs incurred by a local agency as
a result of participation in a binding arbitration
proceeding pursuant to this act are required to be
reimbursed by the state because they are "costs
mandated by the state," this entire act, and any
arbitration decision rendered pursuant to this act, shall
have no further force or effect.
SEC. 4. Any arbitration decision resulting from
court-ordered arbitration pursuant to this act shall not
become effective until after the final determination of a
court that the costs of the court-ordered arbitration are
not required to be reimbursed by the state as "costs
99 200 99 230
SB 1398
I mandated by .the state.':'.:.
2 SEC. 5. Until the final- determination of acourt that
3 the costs of court-ordered arbitration"are not req4ired to,
4 be reimbursed by the state *s: "costs mandafed,"by. the
5 state," no court shall issue anorder to arbitrate pursuant rsuant
,6 to this act without requestin"g,and-receiving consent to
7 issue the order from the',(Nef Justice of the California
8 Supreme Court. The Chief Justice,shall grant only one
9 consent to issue an order to.arbitrate, and shallnot grant
10 an additional consent to issue an order to arbitrate unless
11 in the first case where consent was I given an arbitration
12 decision is not rendered.,It is the intent of the Legislature
13 in enacting this section to limit court-ordered arbitration
14 to one case which can be appealed to a court on the issue
15 of whether or not any costs, incurred by a local agency as
16 a result of court=ordered participation in a. binding
17 arbitration proceeding pursuant to this act are required
18 to be reimbursed by: -the state because they are "costs
19 mandated by the state."
6xi
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CITY COUNCIL
DAVID M. HINCHMAN, Mayor
FRED M. REID
Mayor Pro Tempore
EVELYN M. OLSON
JAMES W. PINKERTON, Jr.
JOHN R. (Randy) SNIDER
CITY OF LODI
CITY HALL, 221 WEST PINE STREET
CALL BOX 3006
LODI, CALIFORNIA 95241-1910
(209) 334-5634 ` L�
}:
t .t :ted
June 4, 1985
Honorable Ralph C. Dills
Senator
State Capitol
Sacramento, CA 95814
Dear Senator Dills:
THOMAS A. PETERSON
City Manager
At«"
EIMCHE
City Clerk
TEIN
`y Attorney
i
Senate Bill No. 1398 imposes compulsory and binding arbitration for
the settlement of economic issues. It applies to negotiations with
police and fire unions.
No appropriation for reimbursement of local costs is included in SB
1398, yet state action to mandate compulsory and binding
arbitration is a major cost for which the State is responsible (The
Legislative Counsel has ruled the State is responsible for the
costs of the arbitration process plus the amount of an arbitration
award above the employer's last best offer).
Compulsory and binding arbitration removes over 50% of the City
budget from. the control of the City Council and gives it to an
outside, non -elected, unaccountable third party.
The City Council of the City of Lodi opposes SB 1398.
Very truly yours,
David M. Hinchman
Mayor
DMH: j j