HomeMy WebLinkAbout1984-08-14; City Council; N/A; Legislation AB 3167r
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Cir' '?F CARLSBAD -AGENDl..-JIILL
AB# ___ _ IlIL£;
MTG. 8/14/84 LEGISLATION -AB 3167
DEPT. CM
RECOMMENDED ACTION:
Request Governor to veto AB 3167.
ITEM EXPLANATION:
DEPT. HO. __
CITY ATTY~~
CITY MGR . .J.,6.4~""
AB 3167 has passed the Senate and sent to the Governor
for signature. AB 3167 would prohibit any change in the
city contract with the Public Employees Retirement System
unless there is agreement on the change by the employer
and employee organization. The effect of this Bill is
to give employee organizations veto power over unilateral
actions by employers.
The League of California Cities is requesting cities
a&k the Governor to veto this Bill.
EXHIBIT:
1. Legislative Bulletin
League of Calif. Cities -8/10/84
,-
.,,.. ,
2. OPPOSE
SEND
VETO
trrfERS
Public Em lo ees Retirement S stem: uniiaterai
Barga1n1ng Decisions: B 3 67 F o Passes
Senate. The Senate passed AB 3 67 on Thursday
of this week by a very convincing vote of
25 to 6. The bill prohibits any change in a
contract with the Public Employees Retirement
System unle5s there is agreement on the change by the employer and employee
organization. In effect, it gives the employee organization a veto power over
unilateral actions by employers.
If you are convinced that this bill sets an unreasonable precedent for the way
local government conducts its collective bargaining, then send a letter to the
Governor asking for a veto of this legislation. If the Governor does not
receive a substantial number of requests to veto the bill, it is likely to be
signed into law.
Throughout the legislative process, we have made the following arguments
against the bill:
1) Circumvents Local Bargaining Process. AB 3167 is the result of a local
collective bargaining dispute. Employee organizations are seeking to
achieve in Sacramento what they could not get locally. This issue does
not belong in ~acramento!
2) Author·izes Bad Faith Bar ainin • The test which both the employer and
emp oyee organizations must now meet is the test of good faith bargaining.
Neither side can refuse to be 11 reasonable 11 at the bargaining table.
AB 3167 removes this good faith test for PERS retirement changes and
gives the employee organization veto power on PERS retirement issues.
3) What Element of Employee Compensation is Next? Will the Legislature next
enact a bill to give veto power over other elements of employee compen-
sation, i.e., salary, health benefits, etc.? ~
4) Other Bargaining Laws Permit Unilateral Action. All other California
public sector collective bargaining laws as well as the National Labor
Relations Act permit unilateral action by the employer. If AB 3167 has
~er~~' w~y not amend the State collective bargaining law to give the
a 1t?rn1a State Employees• Association veto power over the recently
nego ,ated state two-tier retirement system?
5) Colle~t1~e Bargaining Balance. To work properly, the collective
barga~n,n~ pr?cess must be balanced between employer and employee
or~an1zat1on interests. Counter to the employer's ability to act
~~,l~tera~l~, employee organizations are given several advantages at
lfeABa;~~;n~~g table. AB 3167 disrupts this already tenuous balance •
.;._;;_..;;..;..:;..:_1~ to pass, where are the trade-offs for local government?
Imned~ate a~tion_is necessary on AB 3167. Please send veto letters next
os"1sth814s le5g215s18a4t1on. (Most recently referred to in previous Bulletins· week
--, --, and 7-20-84.} · •
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