AB 2561, signed into law in September 2024, amends the Meyers-Milias-Brown Act (MMBA) to address the persistent public sector vacancy crisis in California while significantly enhancing the role of public sector unions in collective bargaining. Staffing vacancies in local governments continue to be a problem plaguing public service and affecting a wide range of occupations, including critical services like public safety. These vacancies tend to negatively impact both the public service employees that pick up the extra work and the Californians who rely on these public service deliverables.
AB
2561 seeks to address this growing vacancy crisis and gives unions an
additional avenue to address vacancy concerns outside of the regular contract
negotiations cycles. It requires agencies to essentially provide yearly
presentations focused on vacancy issues and solutions, along with providing
unions: (1) an opportunity to present at such hearings, (2) an ability to put
pressure on governing bodies to fix vacancy rates, and (3) an ability to gain
easy access to data useful for other collective bargaining purposes. By
mandating transparency in staffing data and providing unions with structured
opportunities to influence agency policies, the bill equips unions with
powerful tools to advocate for better wages, working conditions, and staffing
levels.
The
Peace Officers Research Association of California (PORAC) and the California
Professional Firefighters (CPF) are two of the many labor organizations that
supported AB 2561.
How Did We Get Here &
Legislative Intent:
The Legislature’s adoption of the bill followed a
series a legislative findings in which the Legislature noted that “[j]ob
vacancies in local government are a widespread and significant problem for the
public sector affecting occupations across wage levels and educational
requirements.” High vacancies put pressure on current employees who are forced
to handle heavier workloads, and understaffing leads to burnout and increased
turnover, which further exacerbates staffing challenges. The problem compounds
as public service workers increasingly move into the private sector as they
seek other jobs with more predictable hours, manageable workloads, and
competitive pay.
High
vacancy rates in local government agencies have strained public service
delivery and employee morale. The Legislature, citing a University of
California at Berkeley Labor Center report, noted that vacancies across various
occupations increase workloads for existing staff, leading to burnout,
turnover, and a growing reliance on temporary or contracted workers. An example
of this alarming trend can be found in a recent report by the California State
Auditor. For example, a California State Auditor report highlighted a backlog
of 47,000 wage theft claims at the Labor Commissioner’s Office, with resolution
times exceeding 854 days due to understaffing. These challenges drive public
sector workers to the private sector for better pay and manageable workloads,
further exacerbating the crisis.
What AB 2561 Does:
AB
2561 amends section 3502.3 of the Meyers-Milias-Brown Act (MMBA) to require public
agencies to present detailed vacancy and recruitment data at an annual public
hearing before their governing board. It requires a public agency to present
the status of vacancies and recruitment and retention efforts during a public
hearing before its governing board at least once per fiscal year.
AB
2561 also imposes additional requirements on the agency if the number of job
vacancies within a single bargaining unit meets or exceeds 20% of the total
number of full-time positions. In such cases, the public agency (upon the
union’s request) must include the following information in its presentation:
1.
The total number of job vacancies within the
bargaining unit
2.
The total number of applicants for vacant
positions within the unit
3.
The average number of days to complete the
hiring process
4.
Opportunities to improve compensation and other
working conditions
This transparency statute is intended to disclose obstacles to recruitment and retention by requiring that the agency’s presentation must identify any necessary changes to policies, procedures, and recruitment activities that may lead to obstacles in the hiring process.
The bill grants unions the right to present at the annual public hearing, with no time limit on their presentation. This provision allows unions to directly address governing bodies, such as city councils, and highlight the impact of vacancies on employees and public services. The bill encourages collaboration between agencies and unions to develop vacancy reduction plans. This collaborative framework also fosters stronger employer-employee relations, which can lead to more productive negotiations. By presenting in a public forum, unions can advocate for public agencies to prioritize recruitment and retention strategies, including budget allocations for higher wages or additional positions.
This public platform amplifies the workers’ voices, enabling them to influence budgetary policies outside of traditional bargaining sessions. AB 2561 mandates that the agency’s vacancy presentation occur before the adoption of the final budget. This timing enables unions to influence budgetary decisions related to staffing and compensation.
Conclusion:
AB
2561 has the potential to not only mitigate the public sector vacancy crisis
but also reshape the landscape of public sector labor negotiations, fostering
greater accountability and collaboration between agencies and their employees. The
disclosure mandates provide unions with critical evidence of recruitment and
retention challenges without the need for time-consuming Public Records Act
(PRA) or MMBA requests. Unions can use this data to challenge agency costing
models during contract negotiations, demonstrating the need for increased
staffing, higher wages, or improved benefits. For instance, data showing
prolonged hiring times or low applicant numbers can bolster union arguments for
competitive compensation packages to attract and retain workers.
