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AB 2556 – Extends Post-Impasse Period Before A Local Agency Can Impose Its Last, Best, And Final Offer; Allows Firefighter Unions To Charge Non-Union Members For Cost Of Individual Representation

CATEGORY: Client Update for Public Agencies, Fire Watch, Law Enforcement Briefing Room
CLIENT TYPE: Public Employers, Public Safety
DATE: Oct 19, 2022

AB 2556 makes two changes to the Meyers-Milias-Brown Act (MMBA), which governs labor relations for local public agencies.

Under current law, if labor negotiations covered by the MMBA reach an impasse and both mediation and factfinding procedures have been completed, a public agency that has not adopted binding interest arbitration has the right to implement its last, best, and final offer after a public hearing, but no earlier than 10 days after the release of the factfinding report. AB 2556 moves this timeframe back by five days, requiring the agency to wait at least 15 days after the release of the fact-finding report.

In addition, AB 2556 adds a provision specific to employees covered by the Firefighters Procedural Bill of Rights Act, i.e. firefighters. Where a firefighter who holds a conscientious objection or otherwise declines union membership requests that the recognized employee organization provide individual representation in a discipline, grievance, arbitration, or administrative hearing, AB 2556 allows the employee organization to charge the employee for the reasonable cost of the representation.

(AB 2256 amends Section 3505.7 of the Government Code and adds Section 3503.1 to the Government Code.)

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