Section 70120 Of Chapter 4. Labor Provisions From California Public Utilities Code >> Division 10. >> Part 7. >> Chapter 4.
70120
. 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. It is declared to be in the public
interest that the district shall not express any preference for one
union over another. 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 70122 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 and working conditions. In case of a
dispute over wages, salaries, hours or working conditions, which is
not resolved by negotiations in good faith between the district and
the labor organization, upon the request of either, the district and
the labor organization may submit the dispute to the decision of the
majority of 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.
In the event the board and the representatives of the employees do
not agree to submit the dispute to an arbitration board as herein
provided, the California State Mediation and Conciliation Service may
be notified by either party that a dispute exists and that there is
no agreement to arbitrate. The service shall determine whether or not
the dispute may be resolved by the parties and, if not, the issues
concerning which the dispute exists. Upon the determination, the
service shall certify its findings to the Governor who shall, within
10 days of receipt of certification appoint a fact finding commission
consisting of three persons which shall immediately convene and
inquire into and investigate the issues involved in the dispute. The
commission shall report to the Governor within 30 days of the date of
its creation.
After the creation of the commission and for 30 days after the
commission has made its report to the Governor, no change, except by
mutual agreement, shall be made by the parties to the controversy in
the conditions out of which the dispute arose and service to the
public shall be provided.