Bill Text: CA AB504 | 2023-2024 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: State and local public employees: labor relations: strikes.

Spectrum: Partisan Bill (Democrat 7-0)

Status: (Vetoed) 2024-01-29 - Consideration of Governor's veto stricken from file. [AB504 Detail]

Download: California-2023-AB504-Amended.html

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Amended  IN  Assembly  April 13, 2023

Amended  IN  Assembly  March 30, 2023

Amended  IN  Assembly  March 13, 2023

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Assembly Bill

No. 504

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Introduced by Assembly Member Reyes
(Coauthor: Assembly Member Schiavo)

February 07, 2023

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An act to add Sections 3502.2 and 3515.3 Section 3550.1 to the Government Code, relating to public employment.

LEGISLATIVE COUNSEL'S DIGEST

AB 504, as amended, Reyes. State and local public employees: labor relations: disputes.

Existing law, the Meyers-Milias-Brown Act and the Ralph C. Dills Act, regulate the labor relations of employees and employers of local public agencies and the state, respectively. The Those acts grant specified employees, including, among others, certain employees of fire departments, of local public agencies and the state the right to form, join, and participate in the activities of employee organizations of their choosing and require public agency employers, among other things, to meet and confer with representatives of recognized employee organizations and exclusive representatives on terms and conditions of employment. The acts grant the Public Employment Relations Board the power to hear specified disputes in relation to these provisions and to make determinations regarding them.

With regard to certain employees of fire departments, existing law provides that those persons do not have the right to strike or recognize a picket line of a labor organization while in the course of the performance of their official duties.

This bill would provide that it is not unlawful or a cause for discipline or other adverse action against a state or local public employee for that public employee to refuse to enter property that is the site of a primary labor dispute, perform work for an a public employer involved in a primary labor dispute, or go through or work behind a primary picket line. The bill would prohibit an a public employer from directing an a public employee to take those actions. The bill would authorize a recognized employee organization to inform employees of these rights and encourage them to exercise those rights. The bill would also state that a provision in a public employer policy or collective bargaining agreement that purports to limit or waive the rights set forth in this provision shall be void against public policy. The bill would exempt certain state or local public employees of fire departments from these provisions. The bill would include related legislative findings.

Digest Key

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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Bill Text

The people of the State of California do enact as follows:

SECTION 1.Section 3502.2 is added to the Government Code, to read:

3502.2.

SECTION 1.

 Section 3550.1 is added to the Government Code, to read:

3550.1.

 (a) The Legislature finds and declares that the right of a public employee to demonstrate solidarity with other public employees by honoring a picket line, or by refusing to enter upon the premises or perform work for an a public employer engaged in a primary labor dispute, is a fundamental human right protected by the Constitution and laws of this state.

(b) Notwithstanding any other law, policy, or collective bargaining agreement, it shall not be unlawful or a cause for discipline or other adverse action against a public employee for that public employee to refuse to do any of the following:

(1) Enter property that is the site of a primary labor dispute.

(2) Perform work for an a public employer involved in a primary labor dispute.

(3) Go through or work behind any primary picket line.

(c) A public employer shall not direct a public employee to take any of the actions set forth in subdivision (b).

(d) A recognized employee organization may inform employees of their rights and encourage employees to exercise their rights under this section.

(e) A provision in a public employer policy or collective bargaining agreement that purports to limit or waive the rights set forth in this section shall be void as against public policy.

(f) This section shall not apply to any public employee who is subject to Section 1962 of the Labor Code.

SEC. 2.Section 3515.3 is added to the Government Code, to read:

3515.3.

(a)The Legislature finds and declares that the right of a state employee to demonstrate solidarity with other employees by honoring a picket line, or by refusing to enter upon the premises or perform work for an employer engaged in a primary labor dispute, is a fundamental human right protected by the Constitution and laws of this state.

(b)Notwithstanding any other law, policy, or collective bargaining agreement, it shall not be unlawful or a cause for discipline or other adverse action against a state employee for that state employee to refuse to do any of the following:

(1)Enter property that is the site of a primary labor dispute.

(2)Perform work for an employer involved in a primary labor dispute.

(3)Go through or work behind any primary picket line.

(c)A state employer shall not direct a state employee to take any of the actions set forth in subdivision (b).

(d)A recognized employee organization may inform employees of their rights and encourage employees to exercise their rights under this section.

(e)A provision in a public employer policy or collective bargaining agreement that purports to limit or waive the rights set forth in this section shall be void as against public policy.

(f)This section shall not apply to any public employee who is subject to Section 1962 of the Labor Code.