(a) If a memorandum of understanding has expired, and the Administrative Director of the Courts and the recognized employee organization have not agreed to a new memorandum of understanding and have not reached an impasse in negotiations, subject to subdivision (b), the parties to the agreement shall continue to give effect to the provisions of the expired memorandum of understanding, including, but not limited to, all provisions that supersede existing law, any arbitration provisions, any no-strike provisions, any agreements regarding matters covered in the Fair Labor Standards Act of 1938 (29 U.S.C. § 201 et seq.), and any provisions covering fair share fee deduction consistent with Section 3515.7.

(b) If the Administrative Director of the Courts and the recognized employee organization reach an impasse in negotiations for a new memorandum of understanding, the Judicial Council may implement any or all of its last, best, and final offer. Any proposal in the Judicial Council’s last, best, and final offer that, if implemented, would conflict with existing statutes or require the expenditure of funds shall be presented to the Legislature for appropriation of funding, and any related statutory changes shall be controlling without further legislative action. Implementation of the last, best, and final offer does not relieve the parties of the obligation to bargain in good faith and reach an agreement on a memorandum of understanding if circumstances change, and does not waive rights that the recognized employee organization has under this chapter.

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(Added by Stats. 2017, Ch. 835, Sec. 1. (AB 83) Effective January 1, 2018.)