Article 1. Employee Relations of California Public Utilities Code >> Division 10. >> Part 14. >> Chapter 6. >> Article 1.
Employees shall have the right to self-organization, to
form, join, or assist labor organizations, to bargain collectively
through representatives of their own choosing, and to engage in other
concerted activities for the purpose of collective bargaining or
other mutual aid or protection.
Notwithstanding any other provision of this part, whenever
a majority of the employees employed by the district in a unit
appropriate for collective bargaining indicate a desire to be
represented by a labor organization, the district, upon determining,
as provided in Section 102403, that the labor organization represents
the employees in the appropriate unit, shall enter into a written
contract with the accredited representative of the employees
governing wages, salaries, hours, pensions, and working conditions.
If, after a reasonable period of time, representatives of the
district and the accredited representatives of the employees fail to
reach agreement either on the terms of a written contract governing
wages, hours, pensions, and working conditions or the interpretation
or application of the terms of an existing contract, upon the
agreement of both the district and the representatives of the
employees, the dispute may be submitted to an arbitration board and
the decision of the majority of the arbitration board shall be final
The arbitration board shall be composed of two representatives of
the district, and two representatives of the labor organization, and
they shall endeavor to agree upon the selection of the fifth member.
If they are unable to agree, the names of five persons experienced in
labor arbitration shall be obtained from the California State
Mediation and Conciliation Service. The labor organization and the
district shall, alternately, strike a name from the list so supplied,
and the name remaining after the labor organization and the district
have stricken four names, shall be designated as the arbitrator. The
labor organization and the district shall determine by lot who shall
first strike from the list. The decision of a majority of the
arbitration board shall be final and binding upon the parties. The
expenses of arbitration shall be borne equally by the parties. Each
party shall bear his or her own costs.
(a) A contract or agreement shall not be made, or assumed
under this article, with any labor organization, association, or
group that denies membership to, or in any manner discriminates
against, any employee on any basis listed in subdivision (a) of
Section 12940 of the Government Code, as those bases are defined in
Sections 12926 and 12926.1 of the Government Code. However, the
organization may preclude from membership any individual who
advocates the overthrow of the government by force or violence.
(b) The district shall not discriminate with regard to employment
against any person on any basis listed in subdivision (a) of Section
12940 of the Government Code, as those bases are defined in Sections
12926 and 12926.1 of the Government Code, except as otherwise
provided in Section 12940 of the Government Code.
If there is a question whether a labor organization
represents a majority of employees or whether the proposed unit is or
is not appropriate, such matters shall be submitted to the State
Conciliation Service for disposition. The State Conciliation Service
shall promptly hold a public hearing after due notice to all
interested parties and shall thereupon determine the unit appropriate
for the purposes of collective bargaining. In making such
determination and in establishing rules and regulations governing
petitions and the conduct of hearings and elections, the State
Conciliation Service shall be guided by relevant federal law and
administrative practice, developed under the Labor-Management
Relations Act, 1947, as presently amended. It is declared to be in
the public interest that the district shall not express any
preference for one union over another.
The State Conciliation Service shall provide for an election to
determine the question of representation and shall certify the
results to the parties. Any certification of a labor organization to
represent or act for the employees in any collective bargaining unit
shall not be subject to challenge on the grounds that a new
substantial question of representation within such collective
bargaining unit exists until the lapse of one year from the date of
certification or the expiration of any collective bargaining
agreement, whichever is later; provided, that no collective
bargaining agreement shall be construed to be a bar to representation
proceedings for a period of more than two years.
Whenever the district acquires existing facilities from a
publicly or privately owned public utility, either in proceedings by
eminent domain or otherwise, the district shall assume and observe
all existing pension and labor contracts. To the extent necessary for
operation of facilities, all of the employees of such acquired
public utility whose duties pertain to the facilities acquired shall
be appointed to comparable positions in the district without
examination, subject to all the rights and benefits of this part, and
these employees shall be given sick leave, seniority, vacation, and
pension credits in accordance with the records and labor agreements
of the acquired public utility. Members and beneficiaries of any
pension or retirement system or other benefits established by that
public utility shall continue to have the rights, privileges,
benefits, obligations, and status with respect to such established
system. No employee of any acquired public utility shall suffer any
worsening of his wages, seniority, pension, vacation, or other
benefits by reason of the acquisition.
The district may extend the benefits of this section to officers
or supervisory employees of the acquired public utility.
The district shall not contract with any company, person,
or public agency for such company, person, or public agency to
provide transit facilities or services or acquire any existing
system, or part thereof, whether by purchase, lease, condemnation, or
otherwise, nor shall the district dispose of or lease any transit
system, or of its system, or part thereof, nor merge, consolidate, or
coordinate any transit system or part thereof, unless it shall first
have made adequate provision for any employees who are, or may be,
displaced. The terms and conditions of such provision shall be a
proper subject of collective bargaining.
Notwithstanding the provisions of the Government Code,
employees of this district may authorize and, upon such
authorization, the district shall make deductions from wages and
salaries of such employees pursuant to a collective bargaining
agreement with a duly designated or certified labor organization:
(a) For the payment of union dues, fees, or assessments.
(b) For the payment of contributions pursuant to any health and
welfare plan or pension or retirement plan.
(c) For any purpose for which deductions may be authorized by
employees of any private employer.
The obligation of the district to bargain in good faith
with a duly designated or certified labor organization and to execute
a written collective bargaining agreement with such labor
organization covering the wages, hours, and working conditions of the
employees represented by such labor organization in an appropriate
unit, and to comply with the terms thereof, shall not be limited or
restricted by any provision of law. The obligation of the district to
bargain collectively shall extend to all subjects of collective
bargaining which are or may be proper subjects of collective
bargaining with a private employer, including retroactive provisions.
The duly designated or certified labor organization shall also have
the obligation to bargain in good faith.
The district shall take such steps as may be necessary to
obtain coverage for the district and its employees under Subchapter
II of the Federal Social Security Act, as amended, and the related
provisions of the Federal Insurance Contributions Act, as amended.
The district shall take such steps as may be necessary to
obtain coverage for the district and its employees under the workers'
compensation, unemployment compensation disability, and unemployment
insurance laws of the State of California.
In the event an exclusive collective bargaining
representative is selected pursuant to Section 102403, the provisions
of Chapter 10 (commencing with Section 3500), Division 4, Title 1 of
the Government Code are not applicable to the district.