Chapter 4. Labor Provisions of California Public Utilities Code >> Division 10. >> Part 10. >> Chapter 4.
Appointments and promotions in the service of the transit
district shall be made according to merit and fitness, to be
ascertained, so far as practicable, by competitive examination.
All citizens shall have equal opportunity to obtain and hold
employment, and to advance in that employment, without
discrimination 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.
(a) All employees of the district are to be free from
interference, coercion, and restraint in associating themselves
together for their mutual benefit in connection with their
employment. They may designate representatives of their own choosing
and, collectively or individually, may exercise their right of
petition to the board concerning wages, hours, or other conditions of
(b) Employees have the right to self-organization; to form, join,
or assist labor organizations; and to bargain collectively through
representatives of their own choosing for the purpose of collective
Any question which may arise with respect to whether a
majority of the employees in an appropriate unit desire to be
represented by a labor organization shall be submitted to the Public
Employment Relations Board.
In resolving the questions of representation, including the
determination of the appropriate unit or units, petitions, and the
conduct of hearings and elections, the director shall apply the
relevant federal law and administrative practice developed under the
Labor Management Relations Act, 1947, as amended, and for this
purpose shall adopt appropriate rules and regulations. The rules and
regulations shall be administered by the California State Mediation
and Conciliation Service and shall provide for a prompt public
hearing and a secret ballot election to determine the question of
Whenever any district acquires existing facilities from a
publicly or privately owned public utility either in proceedings by
eminent domain or otherwise, to the extent necessary for operation of
facilities, all of the employees of such public utility whose duties
pertain to the facilities acquired who have been employed by said
utility for at least seventy-five (75) days shall be appointed to
comparable positions in the district without examination and shall be
governed thereafter by the personnel system adopted by the board,
and these employees shall be given sick leave, seniority, and
vacation credits in accordance with the records of the acquired
The provisions of this section shall apply only to those officers
or supervisory employees of the acquired utility as shall be
designated by the board.
Whenever any district acquires existing facilities from a
publicly or privately owned public utility, either in proceedings in
eminent domain or otherwise, that has a pension plan in operation,
members and beneficiaries of such pension plan shall continue to have
the rights, privileges, benefits, obligations and status with
respect to such established system.
Whenever any such facilities are acquired by the district, the
board shall consider and take into account the outstanding
obligations and liabilities of the publicly or privately owned public
utility by reason of such pension plan and shall negotiate an
allowance in the purchase price of such utility for the assumption of
such obligations and liabilities when acquiring the facilities.
The persons entitled to pension benefits as provided for in
Chapter 5 (commencing with Section 98180) of this part and the
benefits which are provided shall be specified in the agreement or
order by which any public utility is acquired by the district.
All persons receiving pension benefits from such acquired
public utility and all persons entitled to pension benefits under the
pension plan of such acquired public utility may become members or
receive pensions under the retirement system established by the
district by mutual agreement of such persons and the district.
Notwithstanding any provisions of the Government Code, the
board may authorize payment of any or all of the premiums on any
group life, accident and health insurance, health and welfare plan,
or pension or retirement plan, on officers or employees of the
district. Upon authorization by its employees, the district may make
deductions from the wages and salaries of its employees:
(a) For the payment of contributions pursuant to any health and
welfare, pension, or retirement plan.
(b) For any purpose for which deductions may be authorized by
employees of any private employer.
The obligation of the district is to bargain in good faith
with a duly designated or certified labor organization and, when an
agreement is reached, to execute a written collective bargaining
agreement with the labor organization covering the wages, hours, and
working conditions of the employees represented by the labor
organization in an appropriate unit, and, thereafter, to comply with
the terms of the agreement.
The obligation of the district to bargain collectively extends to
all subjects of collective bargaining concerning wages, hours,
working conditions, and other conditions of employment.
This section supersedes Chapter 10 (commencing with Section 3500)
of Division 4 of Title 1 of the Government Code if there is any
conflict between this section and that chapter, but in all other
situations that chapter governs.
The district shall not require any employee, who is a member
of a bona fide religion, body, or sect which has historically held
conscientious objections to joining or financially supporting labor
organizations, to join or financially support any public employee
labor organization as a condition of employment. However, that
employee may be required, in lieu of paying periodic dues, fees, or
assessments to a labor organization, to pay sums equal to those dues,
fees, or assessments to a nonreligious, nonlabor charitable fund
exempt from taxation under Section 501(c) (3) of the Internal Revenue
Code (26 U.S.C. Sec. 501(c) (3)), chosen by the employee from a list
of at least three qualifying funds, designated in a memorandum of
understanding between the district and the labor organization or, if
the memorandum of understanding fails to designate the funds, then to
any qualifying fund chosen by the employee. Proof of payments made
pursuant to this section shall be made on a monthly basis to the
district as a condition of continued exemption from the requirement
of financial support to a labor organization.