(the Brown Act) and the
Labor Negotiations
Process
Agenda
• Brown Act - Open Meeting Law
-
Who is covered?
Meetings
Closed sessions
Reporting out
Penalties
• The Labor Negotiations Process
-
Legal Basis for Labor Negotiations
Bargaining Subjects
Good Faith Bargaining Requirement
Unfair Labor Practices
Impasse
Open and Public Meetings
All meetings of the “legislative
body” of a “local agency” shall
be open and public.
Legislative Bodies Subject to the
Brown Act
• Governing body of local agency or other
local body created by state or federal
statute
• Includes School Boards and Boards of
Trustees
What Is a “Meeting?”
• Any congregation of a majority of the members of the legislative
body in the same time and place
• To hear, discuss or deliberate upon any item within its subject
matter jurisdiction
• Includes:
- Informal sessions or conferences, including retreats
- Telephone conversations for the agreed purpose of obtaining
collective concurrence by a majority of the body
- Use of direct communication, intermediaries, or technological
devices to develop a collective concurrence
Exception to Open Meeting
Requirements (Closed Sessions)
• Closed sessions may only be held as
expressly authorized.
• Specific authority for most common closed
sessions:
- Pending litigation
- Personnel matters
- Labor negotiations/relations
- Real property transactions
Confidentiality of
Closed Session
Closed sessions are
confidential.
Unlawful Disclosures
• Sanctions for improperly disclosing
confidential information
- Injunctive relief to prevent disclosure
- Disciplinary action against an employee
who willfully discloses
- Referral of a member of a legislative body
to the grand jury
Reporting After
Closed Session
• After the closed session, the Board
must reconvene into open session and
report the actions taken in the closed
session
• The nature of the report depends on the
type of action taken
The Labor Negotiations
Process
Legal Basis for Labor Negotiations
• The Educational Employment Relations
Act (EERA) governs labor-management
relations in California’s public and
charter schools
• Requires both employers and employee
representative to negotiate in “good
faith”
Bargaining Subjects
EERA: “Wages, hours of employment and
other terms and conditions” such as:
1.
2.
3.
4.
5.
Wages, incentive pays, pay for performance
Benefits (i.e., health, dental, life, vision)
Paid and unpaid leaves
Layoff procedures
Work hours
Bargaining Subjects
“Wages, hours of employment and other
terms and conditions” such as:
7.
8.
9.
10.
Safety issues
Discipline policy and procedure
Grievance procedures
Evaluation procedures
Negotiation in “Good Faith”
requires:
1.
2.
3.
4.
5.
6.
Bargain towards agreement if possible
Fully consider proposals from Union
No regressive bargaining
Do not bargain directly with employees
Exchange non-confidential information
No unilateral changes to subject within
the scope of bargaining without
completing the bargaining process
Negotiation in “Good Faith”
requires:
Bargain towards agreement if possible
• No duty to agree to union proposals
• No duty to reach an MOU
• No obligation to make concessions
• BUT: Must give rational explanations
for rejecting proposals
Per Se Violations
1.
2.
3.
4.
Unilateral changes
Refusal to bargain
Failure to execute negotiated MOU
Conditioning proposals on union
waiver of rights
Impasse
• Impasse occurs when each party’s best
proposal has been rejected by the other
side and the parties are unable to make
further concessions.
• Impasse can be “broken” if the parties
later find ways for further productive
negotiation.
Impasse
Elected Body’s Options at Impasse
1. Make concession to break impasse
2. Use impasse procedure (i.e. mediation) to
determine if MOU possible
3. Do Nothing More - Causes
“terms/conditions of employment in” MOU
to remain in effect
4. Unilaterally impose one-year last, best and
final proposal
5. Prepare to bargain again next year.