public employees; collective bargaining

SB1459 - 572R - I Ver

REFERENCE TITLE:
public employees; collective bargaining

State of Arizona

Senate

Fifty-seventh Legislature

Second Regular Session

2026

SB 1459

Introduced by

Senators
Kuby: Alston, Bravo, Epstein, Gabald�n, Hatathlie, Miranda, Ortiz,
Sundareshan

AN
ACT

amending title
38, Arizona Revised Statutes, by adding chapter 9; amending section 41-1092.02,
Arizona Revised Statutes; amending title 41, chapter 27, article 2, Arizona
Revised Statutes, by adding section 41-3034.01; relating to public employees.

(TEXT OF BILL BEGINS ON NEXT PAGE)

Be it enacted by the Legislature of the State of Arizona:

Section 1. Title 38, Arizona Revised Statutes,
is amended by adding chapter 9, to read:

CHAPTER 9

PUBLIC EMPLOYEE BARGAINING ACT

ARTICLE 1. GENERAL PROVISIONS

START_STATUTE
38-1201.

Definitions

In this article,
unless the context otherwise requires:

1. "Appropriate
bargaining unit" means a group of public employees designated by the
public employee labor relations board or a local board for the purpose of
collective bargaining.

2. "Appropriate
governing body" means the policymaking body or individual representing a
public employer.

3. "Board"
means the public employee labor relations board.

4. "Certification"
or "certifying" means the designation by the public employee labor
relations board of a labor organization or a local board of a labor
organization as the exclusive representative for all public employees in an
appropriate bargaining unit.

5. "Collective
bargaining" means the act of negotiating between a public employer and an
exclusive representative for the purpose of entering into a written agreement
regarding wages, hours and other terms and conditions of employment.

6. "Confidential
employee" means an individual who assists and acts in a confidential
capacity to an individual who formulates, determines and effectuates management
policies for meeting and conferring.

7. "Exclusive
representative" means the labor organization that is certified to be the
sole meet-and-confer agent of all public employees in the appropriate
bargaining unit for the purposes of collective bargaining.

8. "Impasse"
means the failure of a public employer and an exclusive representative, after
good faith bargaining, to reach agreement in the course of negotiating a
collective bargaining agreement.

9. "Labor
organization" means an employee organization whose purpose is the
representation of public employees in collective bargaining and in meeting,
consulting and conferring with public employers on matters pertaining to
employment relations.

10. "Local
board" means a local labor relations board that is established by a public
employer that is a political subdivision of this state through ordinance,
resolution or charter amendment.

11. "Lockout"
means an act by a public employer to prevent its public employees from going to
work for the purpose of resisting the demands of the public employees'
exclusive representative or for the purpose of gaining a concession from the
exclusive representative.

12. "Management
employee":

(
a
) Means a public employee who is engaged primarily in
executive and management functions and who is charged with the responsibility
of developing, administering or effectuating management policies.

(
b
) Does not include
a public employee who participates in cooperative decision-making programs on
an occasional basis.

13. "Mediation" means
assistance by an impartial third party to resolve, through interpretation,
suggestion and advice, an impasse between a public employer and an exclusive
representative regarding employment relations.

14. "Public employee":

(
a
) Means an
employee of this state or any political subdivision of this state.

(
b
) Does not
include elected officials or individuals who are appointed to serve on boards
or commissions.

15. "Public employer" means
this state and any political subdivision of this state.

16. "Strike" means a public
employee's refusal in concerted action with others to report for duty, an
employee's wilful absence from the employee's position or the stopping of work
or the absence from the full, faithful or proper performance of duties for the
purpose of inducing, influencing or coercing a change in the conditions,
compensation, rights, privileges or obligations of public employment.

17. "Supervisor" means an
individual who is employed by a public employer and who:

(
a
) Has the
authority in the interest of the public employer to hire, transfer, furlough,
lay off, recall, suspend, discipline or remove other public employees, if the
exercise of the authority is not merely routine or clerical in nature but
requires the consistent exercise of independent judgment.

(
b
) Devotes a
majority of time at work exercising this authority.
END_STATUTE

START_STATUTE
38-1202.

Public employee rights

A. Public employees may form, join
and participate in, or refrain from forming, joining or participating in, any
labor organization.

B. Public employees may be
represented by the exclusive representative and may meet and confer through the
exclusive representative with their public employer in determining the terms
and conditions of their employment, including the right to be represented in
determining grievances on all terms and conditions of employment.

C. Public employees may engage in
concerted activities that are not prohibited by law for the purpose of meeting
and conferring on other mutual aid or protection or may refrain from engaging
in these activities.

D. Public employees may exercise the
rights provided for in this section free from interference, intimidation,
restraint, coercion or discrimination.
END_STATUTE

START_STATUTE
38-1203.

Public employer rights

In addition to all of the powers, rights and
duties that are established by law, a public employer has the right to:

1. Determine the mission of its
agencies, set standards of service to be offered to the public and exercise
control over its organization and operations.

2. Direct, promote or assign its
employees, take disciplinary action for just cause and relieve its employees
from duty for lack of work.
END_STATUTE

START_STATUTE
38-1204.

Appropriate governing body

A. The appropriate governing body is
as follows:

1. For this state, the governor or
the governor's designee.

2. For a constitutionally created
body, the designated head of that body.

3. For a local public body, the
elected or appointed representative body or individual charged with managing
the local public body.

B. If there is a dispute regarding
who the appropriate governing body is, the board shall determine the
appropriate governing body.
END_STATUTE

START_STATUTE
38-1205.

Public employee labor relations board; membership; appointments;
director; compensation

A. The public employee labor
relations board is established.

B. The board consists of the
following members who are appointed by the governor:

1. One member who is involved in
representing public employees.

2. One member who is a public
employer and who is actively involved in collective bargaining.

3. One member who is jointly
recommended by the members who are appointed pursuant to paragraphs 1 and 2 of
this subsection.

C. Board members serve a term of one
year. Vacancies that occur, other than by the expiration of a term, must
be filled in the same manner for the balance of the unexpired term.� During the
appointed term, a board member may not be a candidate for public office, hold a
public office, be a public employee or be an employee of a union or an
organization that represents public employees or public employers.� Board
members may serve an unlimited number of terms.

D. The board shall appoint a director
who is eligible to receive compensation Pursuant to section 38-611.

E. Board
members are eligible to receive compensation pursuant to section 38-611 and are
eligible to receive reimbursement of expenses pursuant to chapter 4, article 2
of this title.
END_STATUTE

START_STATUTE
38-1206.

Public employee labor relations board; rules; powers and duties;
prohibition

A. The board shall:

1. Adopt
rules that are necessary to administer this article, including rules for:

(
a
) Designating appropriate bargaining units.

(
b
) Selecting, certifying and decertifying exclusive
representatives.

(
c
) Filing,
hearing and determining complaints of prohibited practices.

2. Administer
and enforce this article and rules that are adopted pursuant to this article
and use appropriate administrative remedies to enforce this article.

3. Hold
hearings and make inquiries that are necessary to carry out its functions and
duties.

4. Conduct
studies on problems that relate to employee and employer relations.

5. Request
from public employers and labor organizations the information and data that are
necessary to carry out the board's functions and responsibilities.

6. Decide
all issues by majority vote and issue its decisions in the form of written
orders and opinions.

B. The
board may:

1. Issue
subpoenas that require, on reasonable notice, the attendance and testimony of
witnesses and the production of any evidence, including books, records,
correspondence or documents that relate to any matter in question.

2. Prescribe
the form of subpoena that is in a form used in civil actions in superior court.

3. Administer
oaths and affirmations, examine witnesses and receive evidence.

4. Hire personnel or contract with a
third party to assist the board in its functions.

C. The board may not require any
public employee to pay money to any labor organization as a condition of
employment.
END_STATUTE

START_STATUTE
38-1207.

Local boards; members; powers and duties

A. Except
for this state and If the public employee labor relations board approves, a
public employer by ordinance, resolution or charter amendment may establish a
local board that is similar to the public employee labor relations board.� If established
and approved, the local board shall assume the duties and responsibilities of
the public employee labor relations board.� A local board shall follow all
provisions of this article that apply to the public employee labor relations
board unless otherwise approved by the public employee labor relations board.

B. A local board shall consist of the
following members who are appointed by the public employer:

1. One member who represents public
employees.

2. One member who represents
management.

3. One member who is jointly recommended by the members who
are appointed pursuant to paragraphs 1 and 2 of this subsection.

C. Local
board members serve a term of one year.� Vacancies that occur, other than by
the expiration of a term, must be filled in the same manner for the balance of
the unexpired term.� During the appointed term, a local board member may not be
a candidate for public office, hold a public office, be a public employee or be
an employee of a union or an organization that represents public employees or
public employers. Board members may serve an unlimited number of
terms.

D. Local board members are eligible
to receive compensation and reimbursement of expenses.

E. The Local board shall:

1. Adopt
rules that are necessary to administer this article, including rules for:

(
a
) Designating appropriate bargaining units.

(
b
) Selecting, certifying and decertifying exclusive
representatives.

(
c
) Filing, hearing and determining complaints of prohibited
practices.

2. Administer
and enforce this article and rules that are adopted pursuant to this article
and use appropriate administrative remedies to enforce this article.

3. Hold
hearings and make inquiries that are necessary to carry out its functions and
duties.

4. Conduct
studies on problems that relate to employee and employer relations.

5. Request
from public employers and labor organizations the information and data that are
necessary to carry out the local board's functions and responsibilities.

6. Decide
all issues by majority vote and issue its decisions in the form of written
orders and opinions.

F. The
local board may:

1. Issue
subpoenas that require, on reasonable notice, the attendance and testimony of
witnesses and the production of any evidence, including books, records,
correspondence or documents that relate to any matter in question.

2. Prescribe
the form of subpoena that is in a form used in civil actions in superior court.

3. Administer
oaths and affirmations, examine witnesses and receive evidence.

4. Hire personnel or contract with
third parties to assist the local board in its functions.
END_STATUTE

START_STATUTE
38-1208.

Hearing procedures

A. The
public employee labor relations board or a local board may hold hearings to
gather information, make inquiries, adopt rules, adjudicate disputes and
enforce this article.

B. The public employee labor
relations board or a local board shall adopt rules to govern procedures for the
hearings. The rules that are adopted under this subsection must
include all minimal due process requirements that the United States
constitution and the Arizona constitution require.

C. The public employee labor
relations board or a local board may appoint a hearing officer to conduct any
adjudication hearing that is authorized by the public employee labor relations
board or local board.� At the conclusion of the hearing, the hearing officer
shall prepare a written report, including findings and recommendations, and
shall submit the report to the public employee labor relations board or local
board for its decision.

D. The public employee labor
relations board or a local board may not propose to adopt a rule that affects
any person or governmental entity outside of the public employee labor
relations board's or local board's jurisdiction. The public employee
labor relations board or local board shall conduct a public hearing to adopt,
amend or repeal any rule and shall allow a public hearing and comment on the
proposed action before the public employee labor relations board or local
board.� The public hearing must be held after notice of the subject matter of
the rule, the action proposed to be taken, the time and place of the hearing,
the manner in which interested persons may present their views and the method
by which copies of the proposed rule, proposed amendment or repeal of an
existing rule may be obtained.� All meetings of the public employee labor
relations board must be held in Phoenix.� All meetings of local boards must be
held in the county of residence of the local public employer. The
public employee labor relations board or local board shall publish a notice at
least thirty days before the hearing date in a newspaper of general circulation
in this state or, in the case of a local board hearing, in a newspaper of
general circulation in the county.� The public employee labor relations board
or local board shall mail a notice at least thirty days before the hearing date
to all persons that have made a written request for advance notice of hearings.

E. The public employee labor
relations board or local board shall make an electronic record of all hearings.

END_STATUTE

START_STATUTE
38-1209.

Appropriate bargaining units; representation election;
composition hearing; definitions

A. On
receipt of a petition for a representation election that a labor organization
files, the public employee labor relations board or a local board shall
designate the appropriate bargaining units for collective
bargaining. Appropriate bargaining units must be established on the
basis of occupational groups.� Essential factors in determining appropriate
bargaining units must include the principles of efficient administration of
government, the history of collective bargaining and the assurance to public
employees of the fullest freedom in exercising the rights that are guaranteed
by this article.

B. Within thirty days after a
disagreement between a public employer and a labor organization concerning the
composition of an appropriate bargaining unit, the public employee labor
relations board or a local board shall hold a hearing concerning the
composition of the bargaining unit before designating an appropriate bargaining
unit.

C. The
public employee labor relations board or a local board may not include in any
appropriate bargaining unit supervisors, management employees or confidential
employees.

D. For
the purposes of this section:

1. "Occupational
groups":

(
a
) Means a clear and identifiable community of interest in
employment terms and conditions and related personnel matters among the public
employees involved.

(
b
) Includes employees of blue-collar, secretarial, clerical,
technical, professional, paraprofessional, police, fire and corrections
positions.

2. "Professional" means
work that is predominantly intellectual and varied in character, that involves
the consistent exercise of discretion and judgment in its performance and that
requires knowledge of an advanced nature in a field of learning that
customarily requires specialized study at an institution of higher education or
its equivalent.
END_STATUTE

START_STATUTE
38-1210.

Elections

A. If, in
accordance with rules that are adopted by the public employee labor relations
board or a local board, a labor organization files a petition with the public
employee labor relations board or local board and the petition contains the signatures
of at least thirty percent of the public employees in an appropriate bargaining
unit, the public employee labor relations board or local board shall conduct a
secret ballot representation election to determine whether and by which labor
organization the public employees in the appropriate bargaining unit shall be
represented.� The ballot must contain the following:

1. The
names of any labor organization that submits a petition that contains
signatures of at least ten percent of the public employees within the
appropriate bargaining unit.

2. A provision that allows the public
employees to indicate whether the public employees desire to be represented by
a labor organization.

B. After a labor organization files a
valid petition with the public employee labor relations board or a local board
that calls for a representation election, other labor organizations may seek to
be placed on the ballot by filing a petition that contains the signatures of at
least ten percent of the public employees in the appropriate bargaining unit.�
The petition must be filed not later than ten days after the public employee
labor relations board or local board and the public employer post a written notice
that the petition that contains the signatures of at least thirty percent of
the public employees has been filed by a labor organization.

C. Notwithstanding
subsection a of this section, the public employee labor relations board or a
local board may establish an alternative appropriate procedure for determining
majority status.� The public employee labor relations board or local board may
not certify any appropriate bargaining unit if the public employer objects to
the certification without an election.

D. Within
fifteen days after an election in which a majority of the employees indicate
the desire to be represented by a labor organization, but no labor organization
receives a majority of the votes cast, a runoff election between the two choices
that receive the largest number of votes cast must be conducted.� The public
employee labor relations board or a local board shall certify the results of
the election. If a labor organization receives a majority of the
votes cast, the public employee labor relations board or local board shall
certify the labor organization as the exclusive representative of all public
employees in the appropriate bargaining unit.

E. An
election may not be conducted if an election or runoff election has been
conducted within the twelve months that immediately precede the proposed
representation election.� An election may not be held during the term of an
existing collective bargaining agreement except as provided by section 38-1212.

END_STATUTE

START_STATUTE
38-1211.

Exclusive representation

A. A labor organization that has been
certified by the public employee labor relations board or a local board to
represent public employees in an appropriate bargaining unit is the exclusive
representative of all public employees in the appropriate bargaining
unit. The exclusive representative shall act for all public
employees in the appropriate bargaining unit and negotiate a collective
bargaining agreement that covers all public employees in the appropriate
bargaining unit. The exclusive representative shall represent the
interests of all public employees in the appropriate bargaining unit without
discrimination or regard to membership in the labor organization.

B. This section does not prevent a
public employee from acting individually and presenting a grievance without the
intervention of the exclusive representative. If a public employee
individually brings a grievance at any hearing, the exclusive representative is
allowed to be present and state opinions. Any adjustment that is
made may not be inconsistent with or in violation of the collective bargaining
agreement that is in effect between the public employer and the exclusive
representative.
END_STATUTE

START_STATUTE
38-1212.

Decertification of exclusive representative

A. Any
Labor organization or any member of a labor organization may initiate the
decertification of a labor organization as the exclusive representative if
thirty percent of the public employees in the appropriate bargaining unit make
a written request to the public employee labor relations board or a local board
for a decertification election.� A decertification election must be held in a
manner prescribed by the public employee labor relations board or local board.

B. If a
collective bargaining agreement is in effect for less than three years, a
request for a decertification election must be made to the public employee
labor relations board or a local board not earlier than ninety days and not
later than sixty days before the expiration of the collective bargaining
agreement. If a collective bargaining agreement is in effect for
more than three years, a request for an election may be filed at any time.

C. If,
within the time period prescribed in Subsection B of this section, a competing
labor organization files a petition that contains the signatures of at least
thirty percent of the public employees in the appropriate bargaining unit, a
representation election must be conducted instead of a decertification
election.

D. If an exclusive representative has
been certified but no collective bargaining agreement is in effect, the public
employee labor relations board or a local board may not accept a request for a
decertification election earlier than twelve months after the labor
organization has been certified as the exclusive representative.
END_STATUTE

START_STATUTE
38-1213.

Scope of bargaining; membership dues; grievance procedure; closed
meetings

A. Except for public retirement
systems that are established pursuant to chapter 5 of this title, public
employers and exclusive representatives:

1. Shall bargain in good faith on
wages, hours and other terms and conditions of employment and other issues
agreed to by the parties. The public employer and the exclusive
representative may not be required to agree to a proposal or to make a
concession.

2. May enter into written collective
bargaining agreements that cover employment relations.

B. The obligation to collectively
bargain under this article does not authorize public employers and exclusive
representatives to enter into any agreement that conflicts with any state
statute. If a conflict exists between a state statute and an
agreement that the public employer and the exclusive representative enter into
in collective bargaining, the statute governs.

C. Payroll deductions of the exclusive
representative's membership dues are a mandatory subject of bargaining.� The
amount of dues must be certified in writing by an official of the labor
organization and may not include special assessments, penalties or fines.� The
public employer shall continue to honor payroll deductions until the public
employee revokes the authorization in writing according to the negotiated
agreement and for AS long as the labor organization is certified as the
exclusive representative.� During the time that a board certification is in
effect for a particular appropriate bargaining unit, the public employer may
not deduct dues for any other labor organization.

D. Occupational groups as defined in
section 38-1209 shall negotiate all issues at the state level.

E. Any impasse resolution or any
agreement provision by this state and an exclusive representative that requires
the expenditure of monies must be contingent on the specific appropriation of
monies by the legislature and the availability of the monies. Any
impasse resolution or any agreement provision by a public employer other than
this state or the public schools and an exclusive representative that requires
the expenditure of monies must be contingent on the specific appropriation for
wages by the appropriate governing body and the availability of the monies.�
Any agreement provision by a local school board and an exclusive representative
that requires the expenditure of monies must be contingent on ratification by
the appropriate governing body.

F. Every agreement must include a
grievance procedure to be used for the settlement of disputes that relate to
employment terms and conditions and related personnel matters.� The grievance
procedure must provide for a final and binding determination. The
final determination constitutes an arbitration award.� If there is a judicial
review of the award, the court shall determine whether the award is arbitrary,
unlawful, unreasonable, capricious or not based on substantial evidence. The
costs of any arbitration proceeding that is conducted pursuant to this section
must be shared equally by the parties.

G. Notwithstanding chapter 3, article
3.1 of this title, the following must be closed:

1. Meetings in which bargaining
strategy is preliminary to collective bargaining negotiations between a public
employer and the exclusive representative of the public employees of the public
employer.

2. Collective bargaining sessions.

3. Consultations and impasse
resolution procedures if the public employer and the exclusive representative
of the appropriate bargaining unit are present.
END_STATUTE

START_STATUTE
38-1214.

Impasse resolution; mediation; arbitration

A. The following negotiations and
impasse procedures must be followed between this state and the exclusive
representative for state employees:

1. the exclusive representative to
this state shall file a request for the beginning of initial negotiations in
writing not later than June 1 of the year in which negotiations are to take
place.� Negotiations must begin not later than July 1 of that year.

2. In the years following initial
negotiations pursuant to paragraph 1 of this subsection, negotiations that this
state and the exclusive representative agree to must begin not later than
August 1 following the exclusive representative's submission of written notice
to this state. The exclusive representative shall submit the written notice to
this state by July 1 of the year in which negotiations are to take place.

3. If an
impasse occurs during negotiations between this state and the exclusive
representative and no agreement is reached by October 1, this state or the
exclusive representative may request mediation services from the board.� The
board shall assign a mediator from the federal mediation and conciliation
service to assist negotiations unless the parties agree to another mediator.

4. The
mediator shall provide services until an agreement is reached, until the
mediator believes that mediation services are no longer helpful or until
December 1, whichever occurs first.

5. If the
impasse continues after December 1, this state or the exclusive representative
may request the formation of an arbitration panel.� The arbitration panel shall
address the unresolved issues.� The arbitration panel shall consist of one
member who is appointed by the exclusive representative, one member who is
appointed by this state and a third member who is appointed by the other two
members.� If there is a judicial review of the decision of the arbitration
panel, the court shall determine whether the decision is arbitrary, unlawful,
unreasonable, capricious or not based on substantial evidence.

B. Except
for this state and the exclusive representative for this state, all other
public employers and exclusive representatives shall follow the following
impasse procedures:

1. If an
impasse occurs and the public employer and the exclusive representative cannot
agree on a mediator, the public employer or the exclusive representative may
request from the public employee labor relations board or local board that a mediator
be assigned to the negotiations.� The public employee labor relations board or
local board shall assign a mediator with the federal mediation and conciliation
service to assist negotiations.

2. If the
impasse continues after a sixty-day mediation period, either the public
employer or the exclusive representative may request the formation of an
arbitration panel.� The arbitration panel shall consist of one member who is
appointed by the exclusive representative, one member who is appointed by the
public employer and a third member who is appointed by the other two members.�
If there is a judicial review of the decision of the arbitration panel, the
court shall determine whether the decision is arbitrary, unlawful,
unreasonable, capricious or not based on substantial evidence.

C. Except
for this state, a public employer may enter into a written agreement with the
exclusive representative that establishes an alternative impasse resolution
procedure.
END_STATUTE

START_STATUTE
38-1215.

Prohibited practices; public employers; public employees

A. It is a prohibited practice for a
public employer or its designated representative to do any of the following:

1. Interfere with, restrain or
coerce, or threaten to interfere with, restrain or coerce, any employee in or
because of the exercise of any rights that are guaranteed by this article.

2. Control, dominate or interfere
with the formation, existence or administration of any labor organization or
support or in any way encourage employees to join any organization in
preference to another.

3. Discriminate or retaliate against
any employee for filing a grievance or for asserting rights under this article.

4. Refuse or fail to meet and confer
in good faith with the exclusive representative or refuse or fail to
participate in good faith in the mediation or arbitration.

5. Deny a labor organization rights
that are guaranteed to it by this article.

6. Refuse or fail to comply with this
article or any rule that is adopted by the public employee labor relations
board or local board.

7. Refuse or fail to comply with any
collective bargaining agreement.

8. Engage in a lockout of any
employees.

B. It is a prohibited practice for a
public employee or a labor organization to do any of the following:

1. Interfere with, restrain or
coerce, or threaten to interfere with, restrain or coerce, any employee in or
because of the exercise of rights that are guaranteed by this article.

2. Discriminate or retaliate against
any employee for filing a grievance or for asserting rights under this article.

3. Discriminate against a public
employee regarding membership in a labor organization because of race, color,
creed, age, sex or national origin.

4. Refuse to enter into collective
bargaining in good faith with the public employer.

5. Refuse or fail to meet and confer
in good faith with the exclusive representative, including refusing or failing
to participate in good faith in mediation or arbitration.

6. Refuse
or fail to comply with any collective bargaining agreement or this article.

7. Picket homes or private businesses
of elected officials or public employees.

8. Induce,
authorize or participate in a strike against any public employer.
END_STATUTE

START_STATUTE
38-1216.

Strikes and lockouts; prohibition; decertification

A. A
public employee or labor organization may not engage in a strike. A
labor organization may not cause, instigate, encourage or support a public
employee strike. A public employer may not cause, instigate or
engage in any public employee lockout.

B. A
public employer may bring an action for injunctive relief to end a strike.� The
exclusive representative of public employees who are affected by a lockout may
bring an action for injunctive relief to end a lockout.

C. Any
labor organization that causes, instigates, encourages or supports a public
employee strike, walkout or slowdown may be decertified as the exclusive
representative for that appropriate bargaining unit by either the public
employee labor relations board or a local board and may not serve as the
exclusive representative of any bargaining unit of public employees for a
period of not more than one year.
END_STATUTE

START_STATUTE
38-1217.

Agreements; enforcement

All collective
bargaining agreements and other agreements between public employers and
exclusive representatives are valid and enforceable according to the terms of
the agreement if entered into pursuant to this article.
END_STATUTE

START_STATUTE
38-1218.

Judicial enforcement

A. The terms of any agreement may be
enforced by either party by a civil action in the superior court in the county
in which the agreement was made.� The public employee labor relations board or
a local board may request the court to enforce an order that is issued pursuant
to this article, including orders for appropriate temporary relief and
restraining orders. The court shall consider the request for
enforcement on the record made before the public employee labor relations board
or local board. The court shall uphold the action of the public
employee labor relations board or local board and take appropriate action to
enforce the public employee labor relations board's or local board's action
unless the court concludes that the order is:

1. Arbitrary, capricious or an abuse
of discretion.

2. Not supported by substantial
evidence on the record considered as a whole.

3. Not in accordance with law.

B. Any person or party, including any
labor organization that is affected by a final rule, order or decision of the
public employee labor relations board or a local board, may appeal to the court
for further relief. All appeals must be based on the record made at
the public employee labor relations board or local board hearing.� All appeals
to the court must be taken within thirty days after the date of the final rule,
order or decision of the public employee labor relations board or local
board. Actions that are taken by the public employee labor relations
board or local board must be affirmed unless the court concludes that the
action is:

1. Arbitrary, capricious or an abuse
of discretion.

2. Not supported by substantial
evidence on the record taken as a whole.

3. Not in accordance with law.
END_STATUTE

Sec. 2. Section 41-1092.02, Arizona Revised
Statutes, is amended to read:

START_STATUTE
41-1092.02.

Appealable agency actions; application of procedural rules;
exemption from article

A. This article applies to all contested cases as
defined in section 41-1001 and all appealable agency actions, except
contested cases with or appealable agency actions of:

1. The state department of corrections.

2. The board of executive clemency.

3. The industrial commission of Arizona.

4. The Arizona corporation commission.

5. The Arizona board of regents and institutions
under its jurisdiction.

6. The state personnel board.

7. The department of juvenile corrections.

8. The department of transportation, except as
provided in title 28, chapter 30, article 2.

9. The department of economic security except as
provided in section 46-458.

10. The department of revenue regarding:

(a) Income tax or withholding tax.

(b) Any tax issue related to information associated
with the reporting of income tax or withholding tax unless the taxpayer
requests in writing that this article apply and waives confidentiality under
title 42, chapter 2, article 1.

11. The board of tax appeals.

12. The state board of equalization.

13. The state board of education, but only in
connection with contested cases and appealable agency actions related to
either:

(a) Applications for issuance or renewal of a
certificate and discipline of certificate holders and noncertificated persons
pursuant to sections 15-203, 15-505, 15-534, 15-534.01,
15-535, 15-545 and 15-550.

(b) The Arizona empowerment scholarship account
program pursuant to title 15, chapter 19.

14. The board of fingerprinting.

15. The department of child safety except as
provided in sections 8-506.01 and 8-811.

16. The public employee labor
relations board.

B. Unless waived by all parties, an administrative
law judge shall conduct all hearings under this article, and the procedural
rules set forth in this article and rules made by the director apply.

C. Except as provided in subsection A of this
section:

1. A contested case heard by the office of
administrative hearings regarding taxes administered under title 42 shall be
subject to section 42-1251.

2. A final decision of the office of administrative
hearings regarding taxes administered under title 42 may be appealed by either
party to the director of the department of revenue, or a taxpayer may file and
appeal directly to the board of tax appeals pursuant to section 42-1253.

D. Except as provided in subsections A, B, E, F and
G of this section and notwithstanding any other administrative proceeding or
judicial review process established in statute or administrative rule, this
article applies to all appealable agency actions and to all contested cases.

E. Except for a contested case or an appealable
agency action regarding unclaimed property, sections 41-1092.03, 41-1092.08
and 41-1092.09 do not apply to the department of revenue.

F. The board of appeals established by section 37-213
is exempt from:

1. The time frames for hearings and decisions
provided in section 41-1092.05, subsection A, section 41-1092.08
and section 41-1092.09.

2. The requirement in section 41-1092.06,
subsection A to hold an informal settlement conference at the appellant's
request if the sole subject of an appeal pursuant to section 37-215 is
the estimate of value reported in an appraisal of lands or improvements.

G. Auction protest procedures pursuant to title 37,
chapter 2, article 4.1 are exempt from this article.
END_STATUTE

Sec. 3. Title 41, chapter 27, article 2,
Arizona Revised Statutes, is amended by adding section 41-3034.01, to read:

START_STATUTE
41-3034.01.

Public employee labor relations board; termination July 1, 2034

A. The Public employee labor
relations board terminates on July 1, 2034.

B. Title 38, chapter 9 and this
section are repealed on January 1, 2035.
END_STATUTE

Sec. 4.
Purpose

Pursuant
to section 41-2955, subsection E, Arizona Revised Statutes, the purpose of the
public employee labor relations board is to encourage conciliation, mediation
and voluntary arbitration, to aid and encourage employers and their employees
to reach and maintain collective bargaining agreements concerning rates of pay,
hours and working conditions and to make all reasonable efforts through
negotiations to settle their differences by mutual agreement reached through
collective bargaining or by those methods as may be provided for in any
applicable agreement for the settlement of disputes.