Article 1. General Provisions of California Public Utilities Code >> Division 10. >> Part 11. >> Chapter 7. >> Article 1.
The Legislature hereby finds and declares that:
(a) The people of this state have a fundamental interest in the
development of harmonious and cooperative labor relations between
public transit districts and their employees.
(b) Public transit districts are not subject to a common statewide
statutory scheme or an administrative agency that has jurisdiction
over the conduct of employer-employee relations.
(c) Other public sector employees in the state have been granted
the opportunity for collective bargaining through the adoption of the
Meyers-Milias Brown Act (Chapter 10 (commencing with Section 3500)
of Division 4 of Title 1 of the Government Code), the Ralph C. Dills
Act (Chapter 10.3 (commencing with Section 3512) of Division 4 of
Title 1 of the Government Code), the Educational Employment Relations
Act (Chapter 10.7 (commencing with Section 3540) of Division 4 of
Title 1 of the Government Code), and the Higher Education
Employer-Employee Relations Act (Chapter 12 (commencing with Section
3560) of Division 4 of Title 1 of the Government Code), and it would
be advantageous and desirable to expand the jurisdiction of the
Public Employment Relations Board to cover the employees of public
(d) The people and the public transit district employers each have
a fundamental interest in the preservation and promotion of the
responsibilities granted by the people of this state. Harmonious
relations between each public transit district employer and its
employees are necessary to that endeavor.
(e) It is the purpose of this chapter to provide the means by
which relations between the Los Angeles County Metropolitan
Transportation Authority and their supervisory employees may assure
that the responsibilities and authorities granted to each transit
district by statute are carried out in an atmosphere that permits the
fullest participation by employees in the determination of
conditions of employment which affect them. It is the intent of this
chapter to accomplish this purpose by providing a uniform basis for
recognizing the right of the employees of these transit districts to
full freedom of association, self-organization, and designation of
representatives of their own choosing for the purpose of
representation in their employment relationships with their employers
and to select one employee organization as their exclusive
representative for the purpose of meeting and conferring.
(f) It is the further purpose of this chapter to provide orderly
and clearly defined procedures for meeting and conferring and the
resolution of impasses, and to define and prohibit certain practices
that are inimical to the public interest.
As used in this chapter, the following words have the
(a) "Arbitration" means a method of resolving a rights dispute
under which the parties to a controversy must accept the award of a
(b) "Board" means the Public Employment Relations Board
established pursuant to Section 3541 of the Education Code.
(c) "Certified organization" means an employee organization that
has been certified by the board as the exclusive representative of
the public transit district employees in an appropriate unit after a
proceeding under Article 5 (commencing with Section 99564).
(d) "Confidential employee" means any employee who is required to
develop or present management positions with respect to meeting and
conferring or whose duties normally require access to confidential
information that contributes significantly to the development of
those management positions.
(e) "Employee" or "transit district employee" means any
supervisory employee of any public transit district employer except
for confidential employees.
(f) (1) "Employee organization" means any organization of any kind
in which public transit district employees participate and that
exists for the purpose, in whole or in part, of dealing with public
transit district employers concerning grievances, labor disputes,
wages, hours, and other terms and conditions of employment of
(2) "Employee organization" shall also include any person that an
employee organization authorizes to act on its behalf.
(g) (1) "Employer" or "transit district employer" means the
governing board of a public transit district, including any person
acting as an agent of an employer.
(2) "Employer" or "transit district employer" shall also include
the Public Transportation Services Corporation established by the Los
Angeles County Metropolitan Transportation Authority, including any
person acting as an agent of the employer.
(3) "Employer" or "transit district employer" shall also include
any organizational unit established pursuant to paragraph (2) of
subdivision (a) of Section 130051.11, including any person acting as
an agent of the employer.
(4) "Employer" or "transit district employer" shall also include
any transportation zone established pursuant to paragraph (8) of
subdivision (a) of Section 130051.12, including any person acting as
an agent of the employer.
(h) "Employer representative" means any person or persons
authorized to act on behalf of the employer.
(i) "Exclusive representative" means any recognized or certified
employee organization or person it authorizes to act on its behalf.
(j) "Impasse" means that the parties have reached a point in
meeting and conferring at which their differences in positions are
such that further meetings would be futile.
(k) "Managerial employee" means any employee having significant
responsibilities for formulating or administering policies and
programs of the public transit district.
(l) "Meet and confer" means the performance of the mutual
obligation of the public transit district employer and the exclusive
representative of the public transit district employees to meet at
reasonable times and to confer in good faith with respect to matters
within the scope of representation and to endeavor to reach agreement
on matters within the scope of representation. The process shall
include adequate time for the resolution of impasses. If agreement is
reached between representatives of the public transit district
employer and the exclusive representative, they shall jointly prepare
a written memorandum of the understanding, which shall be presented
to the transit district employer for concurrence. However, these
obligations shall not compel either party to agree to any proposal or
require the making of a concession.
(m) "Person" means one or more individuals, organizations,
associations, corporations, boards, committees, commissions,
agencies, or their representatives.
(n) "Recognized organization" means an employee organization that
has been recognized by an employer as the exclusive representative of
the employees in an appropriate unit pursuant to Article 5
(commencing with Section 99564).
(o) "Supervisory employee" means any employee of a public transit
district, regardless of job description, having authority in the
interest of the employer to hire, transfer, suspend, lay off, recall,
promote, discharge, assign, reward, or discipline other employees,
or the responsibility to assign work to and direct them, or to adjust
their grievances, or effectively recommend such action if, in
connection with these functions, the exercise of that authority is
not of a merely routine or clerical nature, but requires the use of
This chapter shall be known and may be referred to as the
Los Angeles County Metropolitan Transportation Authority Transit
Employer-Employee Relations Act.
This chapter shall only apply to supervisory employees of
the Los Angeles County Metropolitan Transportation Authority.