Labor Relations: The Meet and Confer Process

L EGAL F RAMEWORK FOR C OLLECTIVE B ARGAINING IN THE P UBLIC S ECTOR

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A. I NTRODUCTION

The purpose of this workbook is to assist local agency officials and management representatives in their effort to effectively administer the meet and confer process.

The Meyers-Milias-Brown Act (MMBA) 1 — the California law that governs labor relations for cities, counties and special districts — requires that local agencies and recognized employee organizations “meet and confer in good faith.” Because the process of “meeting and conferring” is sometimes referred to as “negotiating” or “collective bargaining,” this workbook will use all these terms interchangeably. Similarly, because a “recognized employee organization” may also be referred to as an “exclusive representative,” this workbook will use those terms interchangeably as well. Initially established in 1968, the MMBA did not result in a significant increase in labor disputes, strikes and/or litigation related to labor relations. This may have been due to the fact that if an employee organization wanted to challenge a local agency’s action, the employee organization had to file a complaint in superior court, a process that necessarily involved court fees and costs. In 2000, however, the legislature, in response to lobbying by labor organizations and their allies, amended the MMBA, effective 2001. 2 That amendment placed the MMBA under the jurisdiction of the Public Employment Relations Board (PERB), which did not charge fees or costs. With few exceptions, cities, counties and other special districts are now answerable to PERB. Accordingly, this workbook will also discuss PERB and its impact on local government labor relations.

Whether you are an experienced negotiator or are new to the bargaining process, this workbook will provide a useful tool both at and away from the bargaining table.

B. T HE L EGAL F RAMEWORK FOR P UBLIC A GENCY M ANAGERS AND N EGOTIATORS State statutes form the legal framework for public sector labor relations and collective bargaining in California. PERB administers and has jurisdiction over disputes arising out of these various statutes, which encompass the majority of public employees:

 The MMBA, discussed above, which applies to cities, counties and special districts; 3

 The Educational Employment Relations Act (EERA), which applies to public schools and community colleges; 4  The State Employer-Employee Relations Act (SEERA, or the “Dills Act”), which applies to state government employees; 5

Labor Relations: The Meet and Confer Process ©2019 (s) Liebert Cassidy Whitmore 6