Labor Relations: The Meet and Confer Process

 The Higher Education Employer-Employee Relations Act (HEERA), which applies to the California State University System and the University of California system; 6  Trial Court Employment Protection and Governance Act (TCEPGA or “Trial Court Act”), which governs labor relations between California courts and most court employees; 7  Trial Court Interpreter Employment and Labor Relations Act (TCIELRA or “Court Interpreter Act”), which controls labor relations between California courts and most court interpreters; 8 ,  The Los Angeles Metropolitan Transportation Authority Transit Employer Employee Relations Act (TEERA), which covers only the supervisors of the Los Angeles Metropolitan Transportation Authority. Transit districts, generally, fall outside of PERB’s jurisdiction. 9  The Judicial Council Employer-Employee Relations Act (JCEERA) governs labor relations for Judicial Council employees, who are distinct from trial court employees covered by the Trial Court Act. The Judicial Council is the policy-making body of the California courts. 10 In addition to case law interpreting the above-listed statutes, decisions of the National Labor Relations Board (NLRB) may be relevant in interpreting the MMBA. This workbook, however, will focus on the meet and confer process under the MMBA and related labor relations issues. The MMBA, Government Code sections 3500-3511, is the statute which requires local agencies to bargain with recognized employee organizations, also referred to as the exclusive representative. The MMBA establishes general rights and obligations only, but allows local agencies to establish specific procedures for implementing those rights and obligations - subject, however, to the obligation to meet and consult. 11 PERB’s exclusive jurisdiction applies to all local agency employees, except peace officers within the meaning of Penal Code section 830.1, management employees, the City of Los Angeles and the County of Los Angeles. 12 Although PERB does not have jurisdiction over individual Penal Code section 830.1 peace officers, PERB clarified that it has jurisdiction over unfair practice charges filed by employee organizations that represent bargaining units composed either partially or entirely of Penal Code section 830.1 peace officers. 13 1. MMBA

2. L EGAL O BLIGATION TO M EET AND C ONFER

a. General Scope of Obligation The obligation to negotiate, or “meet and confer,” generally arises when one of the parties makes a request to negotiate or when the agency decides to make a change in a matter within the scope of representation.

Labor Relations: The Meet and Confer Process ©2019 (s) Liebert Cassidy Whitmore 7