Section 1072 Of Chapter 4.6. Public Transit Service Contracts From California Labor Code >> Division 2. >> Part 3. >> Chapter 4.6.
1072
. (a) A bidder shall declare as part of the bid for a service
contract whether or not he or she will retain the employees of the
prior contractor or subcontractor for a period of not less than 90
days.
(b) An awarding authority letting a service contract out to bid
shall give a 10 percent preference to any bidder who agrees to retain
the employees of the prior contractor or subcontractor pursuant to
subdivision (a).
(c) (1) If the awarding authority announces that it intends to let
a service contract out to bid, the existing service contractor,
within a reasonable time, shall provide to the awarding authority the
number of employees who are performing services under the service
contract and the wage rates, benefits, and job classifications of
those employees. In addition, the existing service contractor shall
make this information available to any entity that the awarding
authority has identified as a bona fide bidder. If the successor
service contract is awarded to a new contractor, the existing
contractor shall provide the names , addresses, dates of hire, wages,
benefit levels, and job classifications of employees to the
successor contractor. The duties imposed by this subdivision shall be
contained in all service contracts.
(2) A successor contractor or subcontractor who agrees to retain
employees pursuant to subdivision (a) shall retain employees who have
been employed by the prior contractor or subcontractors, except for
reasonable and substantiated cause. That cause is limited to the
particular employee's performance or conduct while working under the
prior contract or the employee's failure of any controlled substances
and alcohol test, physical examination, criminal background check
required by law as a condition of employment, or other standard
hiring qualification lawfully required by the successor contractor or
subcontractor.
(3) The successor contractor or subcontractor shall make a written
offer of employment to each employee to be rehired. That offer shall
state the time within which the employee must accept that offer, but
in no case less than 10 days. Nothing in this section requires the
successor contractor or subcontractor to pay the same wages or offer
the same benefits provided by the prior contractor or subcontractor.
(4) If, at any time, the successor contractor or subcontractor
determines that fewer employees are required than were required under
the prior contract or subcontract, he or she shall retain qualified
employees by seniority within the job classification. In determining
those employees who are qualified, the successor contractor or
subcontractor may require an employee to possess any license that is
required by law to operate the equipment that the employee will
operate as an employee of the successor contractor or subcontractor.