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Home My WebLink About1985-08-13; City Council; 8279; Legislation ACA 32 Public Employee Strikes0 LL.I f5 a:; a.. Q. < z 0 ~ ..I u z ::, 8 CIT\JF CARLSBAD -AGENDA,-.\ILL AS# F :2 7 't I.1ILE; MTG. 8/13/85 LEGISLATION -ACA 32 DEPT. CM RECOMMENDED ACTION: Review request for support of ACA 32. ITEM EXPLANATION: DEPT. HO. -;::z..-~_,.,., c1Tv ATTYvS CITY MGR.~ Assemblyman Tom Mcclintock is seeing support for ACA 32 which would declare public employee strikes to be illegal. A resolution has been prepared in support of ACA 32. EXHIBITS: 1. Letter and fact sheet from Assemblyman McClintock 2, Resolution No. P' /3 '5 □ CAPITOL OFFICE STATE CAPITO~ PHONE1916144!5•8211 C SANOIEGOCOUNTY DISTRICT OFFICE Assembly '. 12!5 WEST MISSION AVENUE SUITE101 ESCONDIDO.CA 9202!5 PHONE (619)480•8924 181~) 237•64!5~ Qtalifnrnia mcgislature Q RIVERSIDE COUNTY VIRGINIA RASMUSSEN ADMINISTRATIVE ASSISTANT BILL BRADLl;Y DISTRICT OFFICE 42•600 BOB t:OPE DRIVE SUITE40G RANCHOMIRAGE,CA92270 PHONE:(619) !588•03!57 SHIRLCYVILE ROS~IA ATILANO FIELD RE:>RESENTATIVE ASSEMBLYMAN, SEVENTY·SIXTH DISTRICT MEMBER OF THE ASS!::MBLY RURAL CAUCUS FIELD REPRESENTATIVE September 17, 1985 Karen R. Kundtz Deputy City Clerk City of Carlsbad 1200 Elm Avenue Carlsbad, CA 92008 Dear Ms. Kundtz: Thank you for contacting me concerning your support for ACA 32 which would prohibit public employees from striking. I concur with your views on this legislation and will vote for the bill should it come before us. Unfortunately, with the liberal democrats in control of the Legislature, I doubt the bill will even be given a full and fair hearing in the Public Employees and Retirement Committee. Thus far the author has chosen to make the bill a two year measure and it will not be heard until January of 1986. I appreciate your taking the time to contact me and I hope you will continue to do so on issues of concern to you. Sincerely, ;f1;/L4~ BILL BRADLEY Assemblyman, 76th District BB:bd -~'I CALIFORNIA 7u.,, TOM MCCLINTOCK Member of the Assembly 36th DISTRICT STATE ASSEMBLY STATE CAPITOL • SACRAMENTO, CA 95814 Dear Public Official: On the heels of the California Supreme Court decision legalizing public employee strikes, you may be wondering how you are going to provide vital public services when your bargaining sessions with the unions break down. You have plenty of company. Every county supervisor, city council member, school board member, water agency board member, and every chief administrative officer at each jurisdiction in California faces the same problem. Obviously, the public agencies and public officials cannot deliver vital services during a general strike. We all face a chaotic situation. I have introduced Assembly Constitutional Amendment 32 to solve this problem. ACA 32 declares public employee strikes to be illegal. It sets forth specific rules to be followed in the discharge or reinstatement of workers. ACA 32 has been assigned to the Assembly Public Employees and Retirement Committee, the same committee that a month ago killed a bill aimed at correcting the problems of teacher strikes. The ACA faces an uncertain future. If this ACA is going to pass or obtain the momentum needed to launch a successful statewide initiative drive, I need your help now. Within the next couple of weeks, could you please take the following crucial steps: 1. Obtain a resolution of support for ACA 32 from your elected ag~ncy. 2. Write an individual letter of support to your State Senator and Assembly Member. Also contact the members of the Public Employees and Retirement Committee. 3. Fill out the enclosed response card and return it to me. I need to know of your support and about any experiences you may have had with regard to public employee strikes. Atta~hed is a fact sheet on ACA 32, and a listing of the members of the Public Employees and Retirement Committee. Since ACA 32 shall be assigned a hearing date in the near future, there is some urgency for action if we are to succeed at prohibiting crippling public employee strikes. Sacramento Address District Office Pasco Camarillo 350 N. Lantana Street State Capitol Sacramento 95814 Telephone: (916) 445-7402 Suite 222 Camarillo, CA 93010 Tel~phonc: (805) 987-9797 3 FACT SHEET OH ACA 32 Assembly Constitutional Amendment 32 bans public employee strikes and is designed to reverse the misguided California Supreme Court decision in County Sanitation District No. 2 of Los Angeles County v. Los Angeles County Employees Association, Local 660 (38 Cal. 3d 564, 1985). Highlights of the amendment include: *** *** *** *** *** *** "Public employees shall not strike." A strike is defined as a work stoppage, slowdown, sick-in, or any other concerted refusal to work. Public employees include any state worker, any person working for a county, city, district, school district, authority, board, agency, commission, bureau, or any public agency of the state or of the University of California. An employee absent without leave for five consecutive days, or any 10 days during a calendar month, would be listed as an automatic resignatiou effective on the last day that employee reported to work. This applies whether the absence is voluntary or involuntary. The public agency may, if it chooses to, reinstate a public employee only after the employee provides a valid excuse for the absence. This section protects against wildcat strikes. A general amnesty for striking workers is prohibited. Any labor union that sanctions or promotes a public employee strike cannot represent those public employees for the following five years. And finally ACA 32 provides that any public agency, or any citizen harmed by an illegal strike, may seek damages from those striking employees as well as from the union. ACA 32 will most likely be heard sometime in August by the Assembly Public Employees and Retirement Committee. Committee members are as follows: Dave Elder (D-Long Beach), Chairman Marian La Follette (R-Northridge), Vice Chairwoman Bill Bradley (R-Escondido) Dick Floyd (D-Gardena) Nolan Frizzelle (R-Fountain Valley) Teresa Hughes (D-Los Angeles) Bill Lancaster (R-Covina) Louis Papan (D-Daly City) Curtis Tucker (D-Inglewood) Each member may be reached by writing to State Capitol, Sacramento, CA 95814. - l 2 3 4 5 6 I I 7 I e I -I 9 I 10 I 11 <' ' 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLU!'IOO 00. 8135 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, SUPPORTING THE ADOPTION OF ASSEMBLY CONSTITUTIONAL AMENDMENT 32 WHEREAS, the Carlsbad City Council believes the public employees should not be allowed to strike, and WHEREAS, Assembly Constitutional Amendment 32 would prohibit public employee strikes; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad as follows: 1. That the above recitations are true and correct. 2. That the City Council hereby supports the passage of Assembly Constitutional Amendment 32. 'l .,, . That the Mayor is hereby authorized and directed to sign this resolution on behalf of the City of Carlsbad. PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad held the 13th day of August 1985, by the following vote, to wit: AYES : Council Mertcers casler, Kulchin and Chick NOES : Council Members Pettine and lewis ABSENT: ~ne A'l'TEST: _,,., &Le.t'½ / ~ ~Z/4..ka-n ALETHA L. RAUTENKRANZ, City Cl ➔rk (SEAL) Mayor