Bill Text: CA AB504 | 2023-2024 | Regular Session | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
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
picket line, strike or by refusing to enter upon the premises or perform work for a public employer engaged in a primary labor dispute, strike is a fundamental human right protected by the
California Constitution and laws of this state.
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
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Senate
July 13, 2023 |
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Amended
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Assembly
April 13, 2023 |
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Amended
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Assembly
March 30, 2023 |
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Amended
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Assembly
March 13, 2023 |
CALIFORNIA LEGISLATURE—
2023–2024 REGULAR SESSION
Assembly Bill
No. 504
| Introduced by Assembly Member Reyes (Coauthors: Assembly Members Addis, Connolly, Kalra, Robert Rivas, Haney, and Schiavo) |
February 07, 2023 |
An act to add 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. strikes.
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. 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 provide, except as specified, that it is not unlawful or a cause for discipline or other adverse action against a public employee for that public employee to refuse to enter property that is the site of a primary labor dispute, strike, perform work for a public employer involved in a primary labor dispute,
strike, or go through or work behind a primary picket strike line. The bill would prohibit a public employer from directing 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. policy, except that the bill would require the parties to negotiate over the bill’s provisions if the bill is
in conflict with a collective bargaining agreement entered into before January 1, 2024, as prescribed.
The bill would exempt certain public employees of fire departments and certain peace officers from these provisions. The bill would include related legislative findings.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NOBill Text
The people of the State of California do enact as follows:
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(b) Notwithstanding any other law, policy, or collective bargaining agreement, law, and except as provided in subdivision (g), 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. strike.
(2) Perform work for a public employer involved in a primary labor dispute. strike.
(3) Go through or work behind any primary picket strike 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
(e) (1) Except as provided in paragraph (2), 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.
(2) If this section is in conflict with
a collective bargaining agreement entered into before January 1, 2024, upon request of the employer or the exclusive representative, the parties shall negotiate over this section. A request to meet and confer pursuant to this section shall reopen the existing collective bargaining agreement solely for the purpose of negotiating an agreement regarding this section. Following the expiration of a collective bargaining agreement that was entered into before January 1, 2024, this section shall apply.
(f) This section shall not apply to any public employee who is subject to Section 1962 of the Labor Code. Code or to any employee working as a peace officer under subdivision (a) of Section 830.1 of the Penal Code or subdivision (a) of Section 830.2
of the Penal Code.
(g) The Public Employment Relations Board may seek injunctive relief to enjoin essential employees from striking as that term is described in County Sanitation Dist. No. 2 v. Los Angeles County Employees Assn., (1985) 38 Cal.3d 564, consistent with board precedent.
(h) For the purposes of this section, “honoring a strike” means a refusal to perform work for a public employer in response to a primary strike by an exclusive representative of a public employer.
