Protecting the Collective Bargaining Process

The right to join a union and collectively bargain are fundamental democratic rights and our members deserve the same right to discuss workplace issues with their employer that most private sector employees have. Bargaining brings consistency to personnel matters and provides fairness through mutually agreed upon contractual rights and obligations. AFSCME is proud of its history of working in partnership with public employers in California to improve the quality of life for our members.

AFSCME California, AFSCME Council 36 and Assemblymember Miguel Santiago introduced AB 1017 to strengthen the collective bargaining process and better protect our members. This bill applies the same policy to public sector unions as already afforded to those in the private sector regarding the award of attorney fees in certain cases involving arbitration. Currently, there is zero disincentive for public employers and employees to unnecessarily avoid participating in arbitration, to frivolously appeal the decision of an arbitrator or to refuse to comply with a decision in an arbitration. AB 1017 would help ensure that public employee labor disputes could be settled directly through arbitration, as negotiated, rather than pursuing costly litigation. As a result, public employers and employees may needlessly or punitively engage in tactics that result in the perversion of the arbitration process – increasing legal costs for all parties and unnecessarily delaying the decision of the arbitrator. AB 1017 would help to reduce unnecessary and wasteful legal costs for all parties and prevent delayed justice and enforcement. This bill is currently held in the Senate.