Section § 3610

Explanation

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.

The definitions set forth in this section shall govern the construction and meaning of the terms used in this chapter:
(a)CA Government Code § 3610(a) “Local agency” means any city, county, special district, or other public entity in the state. It includes a charter city or a charter county.
(b)CA Government Code § 3610(b) “Public transit employee” means an employee of any transit district of the state, an employee of the Golden Gate Bridge, Highway and Transportation District, and an employee of any local agency who is employed to work for transit service provided by that agency.

Section § 3611

Explanation

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.

Notwithstanding any other law, the following provisions shall govern disputes between exclusive bargaining representatives of public transit employees and local agencies:
(a)CA Government Code § 3611(a) The disputes shall not be subject to any fact-finding procedure otherwise provided by law.
(b)CA Government Code § 3611(b) Each party shall exchange contract proposals not less than 90 days before the expiration of a contract, and shall be in formal collective bargaining not less than 60 days before that expiration.
(c)CA Government Code § 3611(c) Each party shall supply to the other party all reasonable data as requested by the other party.
(d)CA Government Code § 3611(d) At the request of either party to a dispute, a conciliator from the California State Mediation and Conciliation Service shall be assigned to mediate the dispute and shall have access to all formal negotiations.
The provisions of this section shall not apply to any local agency subject to the provisions of Chapter 10 (commencing with Section 3500) of Division 4.

Section § 3612

Explanation

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.

(a)CA Government Code § 3612(a) Whenever in the opinion of the Governor, a threatened or actual strike or lockout will, if permitted to occur or continue, significantly disrupt public transportation services and endanger the public’s health, safety, or welfare, and upon the request of either party to the dispute, the Governor may appoint a board to investigate the issues involved in the dispute and to make a written report to him or her within seven days. The report shall include a statement of the facts with respect to the dispute, including the respective positions of the parties, but shall not contain recommendations. The report shall be made available to the public.
(b)CA Government Code § 3612(b) Any strike or lockout during the period of investigation of the board appointed pursuant to this section is prohibited.

Section § 3613

Explanation

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.

The board of investigation shall be composed of no more than five members, one of whom shall be designated by the Governor as chairperson. Members of the board shall receive one hundred dollars ($100) for each day actually spent by them in the work of the board and shall receive their actual and necessary expenses incurred in the performance of their duties.
The board may hold public hearings to ascertain the facts with respect to the causes and circumstances of the dispute. For the purpose of any hearing or investigation, the board may summon and subpoena witnesses, require the production of papers, books, accounts, reports, documents, records, and papers of any kind and description, to issue subpoenas, and to take all necessary means to compel the attendance of witnesses and procure testimony.

Section § 3614

Explanation

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.

Upon receiving a report from a board of investigation, the Governor may request the Attorney General to, and he or she shall, petition any court of competent jurisdiction to enjoin the strike or lockout or the continuing thereof, for a period of 60 days. The court shall issue an order enjoining the strike or lockout, or the continuation thereof, if the court finds that the threatened or actual strike or lockout, if permitted to occur or continue, will significantly disrupt public transportation services and endanger the public’s health, safety, or welfare.

Section § 3615

Explanation

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.

If the charter or establishing legislation of the local agency establishes a time period for the negotiating or meeting and conferring process which is shorter than 60 days, the provisions of this chapter shall not be applicable to any disputes which may arise between the exclusive bargaining representative of public transit employees and the local agency.

Section § 3616

Explanation

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.

Except as expressly provided by subdivision (b) of Section 3612 and Section 3614, nothing in this chapter shall be construed to grant or deprive employees of a right to strike.