HomeMy WebLinkAbout1990-06-12 - AGENDA REPORTS - SB 2443 BINDING ARBITRATION (2)CONSENT CALENDAR
DATE:
SUBJECT:
DEPARTMENT:
BACKGROUND
June 12, 1990
Opposition to
City
AGENDA REPORT
City Manager Approval/
Item to be presented Ab
Ken Pulskamp
443 -- Binding Arbitration -- Torres
This item is on the agenda to register the City of Santa Clarita's opposition to
SB 2443 (Torres). Senate Bill 2443 is a proposal to permit the institution of
compulsory and binding arbitration for collective bargaining disputes with
resolution procedures for police officers only.
This could be accomplished by two means, including:
1. Mutual agreement between the local public agency employee and the
recognized employee organization.
2. A simple majority of voters in a qualified election adopting provisions
that provide for the resolution of labor disputes.
In regard to method 112," employee organizations could prepare and circulate
petitions which would place an initiative on the ballot which would impose
compulsory and binding arbitration.
Consideration of whether to institute compulsory or binding arbitration should
in most instances remain an internal policy issue.
Compulsory and binding arbitration typically has three major ramifications: (1)
It tends to promote bad faith collective bargaining in which there is no
incentive to negotiate and reach a mutual agreement and shared benefit; (2) A
City Council will lose discretion over the final budget for police services and
the amount citizens will pay for these services. An arbitrator will therefore
decide the priority of local services and the amount the taxpayers will pay; and
(3) Arbitrators are not held responsible; therefore, the City is left with no
choice but to abide by the arbitrator's decision.
That the City Council oppose SB 2443 and authorize staff to prepare letters of
opposition for the Mayor's signature.
ATTACHMENT
SB 2443
D
i
. �-,gonda Item:
06/04/90
CA SB 2443
E
AUTHOR:
TITLE:
INTRODUCED:
FILE:
LOCATION:
0
?age 1
Torres
Local government employees: labor disputes
02/28/90
35
Senate Third Reading File
SUMMARY:
Provides that a county or a city is not prohibited from
enacting an otherwise valid regulation or ordinance providing
for the resolution of labor disputes between peace officers and
the city or county employing them through mediation,
fact-finding, or arbitration, and that it is the intent of �h-:
Legislature to abrogate the holding in Bagley vs. City :t
Manhattan Beach; permits those regulations to be adopted by
mutual agreement.
SB 2443, as introduced, Torres. Local government employees:
labor disputes.
Existing law provides generally that the county board of
supervisors and the city council shall fix the compensation Tr:
county and city employees, respectively, and provide r:r :tn
conditions or employment. Existing law sets forth procnduro!;
under which local agencies and organizations representinq
employees may engage in collective bargaining.
This bill would provide that a county or a city is not
prohibited from enacting an otherwise valid regulation or
ordinance providing for the resolution of labor disputes
between peace officers and the city or county employing
through mediation, fact-finding, or arbitration, and that '.n
the intent of the Legislature to abrogate the holding :n ::I..."
v. City of Manhattan Beach (18 Cal. 3d 22) insofar as .'.at ::,ce
may be interpreted as prohibiting those regulations or
ordinances. The bill would permit those regulations or
ordinances to be adopted by mutual agreement between tNe
employer and the recognized employee organization of the
affected employees or by a simple majority of voters in a
qualified election adopting provisions that provide for
resolution of labor disputes.
Vote: majority. Appropriation: no. Fiscal committee, no.
State -mandated local program: no.
STATUS:
02/28/90
03/07/90
04/17/90
04/24/90
04/26/90
VOTES:
04/24/90
CA SB 2139 AUTHOR:
TITLE:
INTRODUCED.
To SENATE Committee on GOVERNMENTAL ORGANIZATICN.
From SENATE Committee on GOVERNMENTAL ORGANIZATICN:
Failed passage. Motion to reconsider.
From SENATE Committee on GOVERNMENTAL ORGANIZAT:-�',:
Do pass.
In SENATE. Read second time. To third reading.
Senate Governmental Organization Committee P 7 -
Davis
Solid waste landfills: siting