Chapter 3Public Transportation Labor Disputes
Section § 3610
This section explains the terms used in its chapter. A 'local agency' includes cities, counties, special districts, and other public entities in the state like charter cities and counties. 'Public transit employee' refers to anyone working for a transit district or for transit services provided by local agencies, including those in the Golden Gate Bridge, Highway and Transportation District.
Section § 3611
This law outlines the rules for how disputes between public transit employee unions and local agencies should be handled. It makes clear that these disputes do not follow the usual fact-finding procedures. Both parties need to exchange their contract proposals at least 90 days before the current contract ends and must begin formal bargaining at least 60 days prior to that end date. They are also required to share any reasonable data requested by the other party. If either side asks for it, a mediator from the California State Mediation and Conciliation Service will help with the negotiations and can participate in all discussions. However, this set of rules does not apply to any local agency that's already governed by a different set of regulations starting with Section 3500.
Section § 3612
This law allows the California Governor to step in when a strike or lockout threatens public transportation and could harm public health, safety, or welfare. If either side of the dispute requests it, the Governor can appoint a board to investigate and report on the situation within seven days. The report will explain the facts and each party's position, but won't suggest solutions, and it will be publicly available.
Additionally, strikes or lockouts are not allowed while this investigation is ongoing.
Section § 3613
This law establishes a board of investigation with up to five members, appointed by the Governor, to look into disputes. Board members are paid $100 per day plus expenses for their work. The board has the authority to hold public hearings to uncover the facts about disputes. They can also summon witnesses and demand documents and records necessary for their investigation.
Section § 3614
This law allows the Governor of California to instruct the Attorney General to ask a court to temporarily stop a strike or lockout for up to 60 days. This can happen if such actions would cause major disruptions to public transportation and pose a threat to public health, safety, or welfare. The court will grant the request if it determines these conditions are met.
Section § 3615
This law section essentially says that if a local agency's charter or establishing legislation sets up a negotiation period or meeting period that is less than 60 days, then the rules in this particular chapter don't apply to any disputes that might occur between the representative of public transit employees and the local agency.
Section § 3616
This law states that, except for specific exceptions mentioned in other sections, this chapter neither provides nor takes away the right of employees to strike. It means that the chapter remains neutral on the employees' right to strike.