20250AB__158297AMD INTRODUCED 2026-01-13 AMENDED_ASSEMBLY 2026-05-18 AMENDED_SENATE 2026-06-08 2025 AB AMD Introduced by Assembly Member Ortega (Coauthor: Assembly Member Garcia) LEAD_AUTHOR ASSEMBLY Ortega COAUTHOR ASSEMBLY Garcia

An act to add

Section 3571.01 to the Government Code, relating to public employment. public employment Higher Education Employer-Employee Relations Act: collective bargaining: unfair labor practices. Existing law, the Higher Education Employer-Employee Relations Act, administered by the Public Employment Relations Board (PERB), provides for negotiations concerning wages, hours, and other terms and conditions of employment between a higher education employer, as defined, and representatives of recognized employee organizations.

Existing law grants higher education employees the right to form, join, and participate in the activities of employee organizations of their own choosing for the purpose of representation on all matters of employer-employee relations and for the purpose of meeting and conferring with their employer. Existing law authorizes an employer and an exclusive representative who enter into a written memorandum of understanding to agree to procedures for final and binding arbitration of disputes that may arise under the memorandum of understanding or between the parties.

Existing law makes it unlawful for the higher education employer to, among other things, refuse or fail to meet and confer with an exclusive representative.

This bill would, with respect to arbitrations over violations of a collective bargaining agreement for the contracting out of bargaining unit work, make it an unfair practice for a higher education employer to, among other things, circumvent or disregard an arbitrator’s decision by extending or renewing an existing contract or entering into a new contract for the same or similar services at the same location, or violating a contract term already interpreted by an arbitrator to prohibit the employer’s conduct.

This bill would prohibit PERB, among other things, from deferring repeat offenses in the above-described cases to subsequent arbitration proceedings. The bill would require remedies for a violation of these provisions to include the charging party’s attorney’s fees and costs. MAJORITY NO YES NO NO NO NO NO NO NO NO The people of the State of California do enact as follows:

SECTION

Section 3571.01 is added to the Government Code , to read: 3571.01. (

a) With respect to arbitrations over violations of a collective bargaining agreement that relate to the contracting out of bargaining unit work, it shall be an unfair practice for a higher education employer to do any of the following:

(1) Fail or refuse to

schedule an arbitration within a reasonable period of time after the union has appealed the matter to arbitration, unless the exclusive representative has placed the grievance in abeyance or the parties have agreed to do so.

(2) Fail or refuse to implement an arbitration award and remedy in full within days of a decision on the merits. (3) (

A) Circumvent or disregard an arbitrator’s decision by extending or renewing an existing contract or entering into one or more new contracts for the same or similar services at the same location, or otherwise violating the same contract term or terms already interpreted by an arbitrator to prohibit the employer’s conduct. (

B) In the cases described in subparagraph (A), the board shall not defer repeat offenses to subsequent arbitration proceedings. (4) (

A) Fail or refuse to remedy, in whole or in part, an arbitrator’s decision that remands the remedy to be determined by the parties. (

B) In the cases described in subparagraph (A), the board shall defer to the merits of the arbitration award but shall not defer disputes regarding the remedy to subsequent arbitration proceedings absent agreement of the parties. (

b) Remedies for a violation of this

section shall include the charging party’s attorney’s fees and costs. (

c) Except as expressly set forth in this section, this

section does not limit the board’s broad remedial authority.