Bill Text: CA AB2404 | 2023-2024 | Regular Session | Amended
Bill Title: State and local public employees: labor relations: strikes.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced) 2024-04-23 - From committee: Do pass and re-refer to Com. on APPR. (Ayes 8. Noes 2.) (April 23). Re-referred to Com. on APPR. [AB2404 Detail]
Download: California-2023-AB2404-Amended.html
|
Amended
IN
Assembly
March 21, 2024 |
CALIFORNIA LEGISLATURE—
2023–2024 REGULAR SESSION
Assembly Bill
No. 2404
| Introduced by Assembly Member Lee |
February 12, 2024 |
An act to amend Section 3500.5 of add Section 3550.1 to the Government Code, relating to public employment.
LEGISLATIVE COUNSEL'S DIGEST
AB 2404, as amended, Lee.
Meyers-Milias-Brown Act. State and local public employees: labor relations: strikes.
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 acts grant specified employees of local public agencies and the state the right to form, join, and participate in the activities of employee organizations of their choosing.
This bill would 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 strike, perform work for a public employer involved in a primary strike, or go through or work behind a primary 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 as against public 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, 2025, as prescribed. The bill would exempt certain public employees of fire departments and certain peace officers from these provisions.
Existing law, the Meyers-Milias-Brown Act, generally governs the labor relations of local public agencies and their employees, as specified.
This bill would make a nonsubstantive change to the provision naming the act.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee:Bill 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 strike or by refusing to enter upon the premises or perform work for a public employer engaged in a primary strike is a fundamental human right protected by the California Constitution and laws of this state.(b) Notwithstanding any other 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 strike.
(2) Perform work for a public employer involved in a primary strike.
(3) Go through or work behind any primary 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) (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, 2025, 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, 2025, this section shall apply.
(f) This section shall not apply to any public employee who is subject to Section 1962 of the Labor Code or to any employee who is a peace officer under any of the following:
(1) Subdivision (a) or (b) of Section 830.1 of the Penal Code.
(2) Subdivision (a), (b), (c), (d),
or (g) of Section 830.2 of the Penal Code.
(3) Section 830.31 of the Penal Code.
(4) Section 830.32 of the Penal Code.
(5) Section 830.33 of the Penal Code.
(6) Section 830.34 of the Penal Code.
(7) Subdivision (c) of Section 830.35 of the Penal Code.
(8) Subdivision (a), (b), or (d) of Section 830.37.
(9) Section 830.38 of the Penal Code.
(10) Subdivision (a) of Section 830.5 of the Penal Code.
(11) Section 830.15 of the Penal
Code.
(g) This section does not alter existing law relating to strikes by essential employees as set forth in judicial decisions and decisions of the Public Employee Relations Board, as promulgated or revised from time to time.
(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.
This chapter shall be known and cited as the “Meyers-Milias-Brown Act.”
