Section 99566.1 Of Article 7. Organizational Security From California Public Utilities Code >> Division 10. >> Part 11. >> Chapter 7. >> Article 7.
99566.1
. (a) Notwithstanding any other provision of law, upon
receiving notice from the exclusive representative of a transit
district employee who is in a unit for which an exclusive
representative has been selected pursuant to this chapter, the
employer shall deduct the amount of the fair share service fee
authorized by this section from the wages and salary of the employee
and pay that amount to the employee organization. Thereafter, the
employee shall, as a condition of continued employment, be required
either to join the recognized employee organization or pay the fair
share service fee. The amount of the fee shall not exceed the dues
that are payable by members of the employee organization, and shall
cover the cost of negotiation, contract administration, and other
activities of the employee organization that are germane to its
functions as the exclusive bargaining representative. Agency fee
payers shall have the right, pursuant to regulations adopted by the
board, to receive a rebate or fee reduction upon request, of that
portion of their fee that is not devoted to the cost of negotiations,
contract administration, and other activities of the employee
organization that are germane to its function as the exclusive
bargaining representative.
(b) The costs covered by the fee under this section may include,
but shall not necessarily be limited to, the cost of lobbying
activities designed to foster collective bargaining negotiations and
contract administration, or to secure for the represented employees
advantages in wages, hours, and other conditions of employment in
addition to those secured through meeting and negotiating with the
employer.
(c) The arrangement described in subdivision (a) shall remain in
effect unless it is rescinded pursuant to subdivision (d). The
employer shall remain neutral, and shall not participate in any
election conducted under this section unless required to do so by the
board.
(d) (1) The arrangement described in subdivision (a) may be
rescinded by a majority vote of all the employees in the negotiating
unit subject to that arrangement, if a request for a vote is
supported by a petition containing the signatures of at least 30
percent of the employees in the negotiating unit, and the signatures
are obtained in one year. There shall not be more than one vote taken
during the term of any collective bargaining agreement.
(2) If the arrangement described in subdivision (a) is rescinded
pursuant to paragraph (1), a majority of all employees in the
negotiating unit may request that the arrangement be reinstated. That
request shall be submitted to the board along with a petition
containing the signatures of at least 30 percent of the employees in
the negotiating unit. The vote shall be conducted at the worksite by
secret ballot, and shall be conducted no sooner than one year after
the rescission of the arrangement under this subdivision.
(3) If the board determines that the appropriate number of
signatures have been collected, it shall conduct the vote to rescind
or reinstate in a manner that it shall prescribe in accordance with
this subdivision.
(4) The cost of conducting an election under this subdivision to
reinstate the organizational security arrangement shall be borne by
the petitioning party and the cost of conducting an election to
rescind the arrangement shall be borne by the board.
(e) The recognized employee organization shall indemnify and hold
the transit district employer harmless against any reasonable legal
fees, legal costs, and settlement or judgment liability arising from
any court or administrative action relating to the transit district's
compliance with this section. The recognized employee organization
shall have the exclusive right to determine whether any such action
or proceeding shall or shall not be compromised, resisted, defended,
tried, or appealed. This indemnification and hold harmless duty shall
not apply to actions related to compliance with this section brought
by the exclusive representative of transit district employees
against the transit district employer.
(f) The employer of a transit district employee shall provide the
exclusive representative of an employee with the home address of each
member of a bargaining unit, regardless of when that employee
commences employment, so that the exclusive representative can comply
with the notification requirements set forth by the United States
Supreme Court in Chicago Teachers Union v. Hudson (1986) 475 U.S.
292.