Section 95650 Of Chapter 4. Labor Provisions From California Public Utilities Code >> Division 10. >> Part 9. >> Chapter 4.
95650
. (a) If a majority of the employees employed by a transit
district in a unit appropriate for collective bargaining indicate a
desire to be represented by a labor organization, then the board
after determining pursuant to Section 95651 that the labor
organization represents the employees in the appropriate unit, shall
bargain with the accredited representative of those employees. Both
parties shall bargain in good faith and make all reasonable efforts
to reach agreement on the terms of a written contract governing
wages, salaries, hours, working conditions, and grievance procedures.
(1) If a dispute arises over the terms of a written contract
governing wages, salaries, hours, or working conditions that is not
resolved by negotiations conducted in good faith between the board
and the representatives of the employees, then the board and the
representatives of the employees shall submit the dispute to an
arbitration board. The decision of a majority of the arbitration
board shall be final.
(2) (A) The arbitration board shall be composed of two
representatives of the transit board, two representatives of the
labor organization, and a fifth member to be agreed upon by the
representatives of the transit board and labor organization. If the
representatives of the transit board and labor organization are
unable to agree on the fifth member, then the names of five persons
experienced in labor arbitration shall be obtained from the
California State Mediation and Conciliation Service.
(B) The labor organization and the district shall, alternately,
strike a name from the list supplied by the California State
Mediation and Conciliation Service. The labor organization and the
district shall determine by lot who shall first strike a name from
the list. After the labor organization and the district have stricken
four names, the name remaining shall be designated as the
arbitrator.
(C) The transit board and labor organization shall each pay half
of the cost of the impartial arbitrator.
(b) A contract or agreement shall not be made with any labor
organization, association, group, or individual that denies
membership 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. However, the organization may
preclude from membership any individual who advocates the overthrow
of the government by force or violence.
(c) The district shall not discriminate with regard to employment
against any person 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.