Bill Text: CA SB1321 | 2021-2022 | Regular Session | Introduced

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

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Bill Title: Public contracts: goods and services.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Engrossed - Dead) 2022-08-11 - August 11 hearing: Held in committee and under submission. [SB1321 Detail]

Download: California-2021-SB1321-Introduced.html

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CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Senate Bill

No. 1321

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Introduced by Senator Ochoa Bogh

February 18, 2022

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An act to amend Section 3517.8 of the Government Code, relating to state employment.

LEGISLATIVE COUNSEL'S DIGEST

SB 1321, as introduced, Ochoa Bogh. State labor relations.

Existing law, the Ralph C. Dills Act, grants state employees the right to form and join employee organizations for the purpose of representation on all matters of employer-employee relations. If the Governor and a recognized employee organization reach an impasse in negotiations for a new memorandum of understanding, existing law authorizes the state employer to implement any or all of its last, best, and final offer. If implementing a proposal in the last, best, and final offer would conflict with existing statutes or require the expenditure of funds, existing law requires the proposal to be submitted to the Legislature for approval and, if approved, provides that it is controlling without further legislative action.

This bill would make nonsubstantive changes to the above-described provisions.

Digest Key

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

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Bill Text

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

SECTION 1.

 Section 3517.8 of the Government Code is amended to read:

3517.8.

 (a) If a memorandum of understanding has expired, and the Governor and the recognized employee organization have not agreed to a new memorandum of understanding and have not reached an impasse in negotiations, subject to subdivision (b), the parties to the agreement shall continue to give effect to the provisions of the expired memorandum of understanding, including, but not limited to, all provisions that supersede existing law, any arbitration provisions, any no strike provisions, any agreements regarding matters covered in the Fair Labor Standards Act of 1938 (29 U.S.C. Sec. 201 et seq.), and any provisions covering fair share fee deduction consistent with Section 3515.7.

(b) If the Governor and the recognized employee organization reach an impasse in negotiations for a new memorandum of understanding, the state employer may implement any or all of its last, best, and final offer. Any A proposal in the state employer’s last, best, and final offer that, if implemented, would conflict with existing statutes or require the expenditure of funds shall be presented to the Legislature for approval and, if approved, shall be controlling without further legislative action, notwithstanding Sections 3517.5, 3517.6, and 3517.7. Implementation of the last, best, and final offer does not relieve the parties of the obligation to bargain in good faith and reach an agreement on a memorandum of understanding if circumstances change, and does not waive rights that the recognized employee organization has under this chapter.