Section § 101340

Explanation

This section grants employees the right to organize themselves into labor unions, join or aid these unions, and negotiate as a group through chosen representatives. In addition, it stresses that the district must remain neutral, showing no favoritism towards any specific union.

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.

Section § 101341

Explanation

This law outlines how employees of a district can be represented by a labor organization for collective bargaining. If most employees in a unit want representation, and it's confirmed the labor organization represents them, the district must enter a formal agreement about their pay, hours, and working conditions.

If a disagreement arises and can't be settled through negotiations, it can be decided by an arbitration board. This board consists of representatives from both the district and the labor organization and a final arbitrator chosen from a list provided by a mediation service if the board can't agree on one.

The decision made by the majority of this board is final. Both parties share the costs of arbitration equally, but each pays their own other expenses.

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 101344 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, 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.

Section § 101342

Explanation

If the board and the employees' representatives can't agree on arbitration during a dispute, either side can notify the State Conciliation Service. This service will check if the dispute can be resolved by them and identify the issues at hand. Whatever they find gets reported to the Governor, who must appoint a three-person commission to investigate within 10 days. This commission has 30 days to report back to the Governor.

Until 30 days after the commission's report, neither side can change any conditions that caused the dispute, unless both sides agree. During this period, they must continue providing services to the public.

In the event the board and the representatives of the employees do not agree to submit the dispute to an arbitration board as provided in Section 101341, the State Conciliation Service may be notified by either party that a dispute exists and that there is no agreement to arbitrate. The State Conciliation 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 such determination, the State Conciliation Service shall certify its findings to the Governor of the State of California, who shall, within 10 days of receipt of certification, appoint a factfinding 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 such commission and for 30 days after such 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.

Section § 101343

Explanation

This section of the law prevents contracts or agreements with labor groups that discriminate against employees based on certain protected characteristics defined in the Government Code. These characteristics can include things like race, gender, or other personal attributes. However, labor organizations can exclude anyone who supports overthrowing the government violently.

Additionally, districts must not discriminate in employment decisions based on the same protected traits, again with exceptions as stated in the Government Code.

(a)CA Public Utilities Code § 101343(a) A contract or agreement shall not be made, or assumed under this part, with any labor organization, association, or group that denies membership to, or in any manner discriminates against, any employee 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.
(b)CA Public Utilities Code § 101343(b) 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.

Section § 101344

Explanation

This law addresses how disputes regarding labor union representation and the appropriateness of employee units are resolved in California. If there's uncertainty about whether a labor organization truly represents a majority of workers or if the group is suitable for bargaining, the State Conciliation Service steps in. They must hold a public hearing to decide on the right group for collective bargaining, following federal labor laws as a guide.

After that, the Service organizes an election to confirm representation and certifies the outcome. Once certified, this decision cannot be contested for a year, or until a bargaining agreement ends, depending on which comes later. However, such agreements won't block representation proceedings for over two years.

If there is a question whether a labor organization represents a majority of employees or whether the proposed unit is or is not appropriate, such matters shall be submitted to the State Conciliation Service for disposition. The State Conciliation Service shall promptly hold a public hearing after due notice to all interested parties and shall thereupon determine the unit appropriate for the purposes of collective bargaining. In making such determination and in establishing rules and regulations governing petitions and the conduct of hearings and elections, the State Conciliation Service shall be guided by relevant federal law and administrative practice, developed under the Labor-Management Relations Act, 1947, as presently amended.
The State Conciliation Service shall provide for an election to determine the question of representation and shall certify the results to the parties. Any certification of a labor organization to represent or act for the employees in any collective bargaining unit shall not be subject to challenge on the grounds that a new substantial question of representation within such collective bargaining unit exists until the lapse of one year from the date of certification or the expiration of any collective bargaining agreement, whichever is later. However, no collective bargaining agreement shall be construed to be a bar to representation proceedings for a period of more than two years.

Section § 101345

Explanation

If a district takes over existing facilities from a public utility, whether by buying or taking it, they must honor existing labor contracts. Employees working directly with the acquired facilities should be given similar jobs in the district without needing to pass any tests, keeping all their benefits like sick leave, seniority, and pensions as they had before. Employees will also keep their rights to retirement or other benefit systems. Their wages, seniority, pensions, vacations, or other benefits should not be reduced because of the takeover. The district can choose to offer these benefits to higher-level employees not covered under the basic employee protections.

Whenever the district acquires existing facilities from a publicly or privately owned public utility, either in proceedings by eminent domain or otherwise, the district shall assume and observe all existing labor contracts. To the extent necessary for operation of facilities, all of the employees of such acquired public utility whose duties pertain to the facilities acquired shall be appointed to comparable positions in the district without examination, subject to all the rights and benefits of this part, and these employees shall be given sick leave, seniority, vacation, and pension credits in accordance with the records and labor agreements of the acquired public utility. Members and beneficiaries of any pension or retirement system or other benefits established by that public utility shall continue to have the rights, privileges, benefits, obligations, and status with respect to such established system. No employee of any acquired public utility shall suffer any worsening of his wages, seniority, pension, vacation, or other benefits by reason of the acquisition.
The district may extend the benefits of this section to officers or supervisory employees of the acquired public utility.

Section § 101346

Explanation

This law says that a district can’t make changes to transit systems, like buying, selling, leasing, or merging them, without first ensuring the affected employees are taken care of. This care, including terms and conditions, must be discussed and agreed upon through collective bargaining, which is a process where representatives negotiate employment conditions.

The district shall not acquire any existing system or part thereof whether by purchase, lease, condemnation, or otherwise, nor shall the district dispose of or lease any transit system or part thereof, nor merge, consolidate, or coordinate any transit system or part thereof, or reduce or limit the lines or service of any existing system or of its system, or terminate any lease arrangement or management contract, unless it shall first have made adequate provision for any employees who are or may be displaced. The terms and conditions of such provision shall be a proper subject of collective bargaining.

Section § 101347

Explanation

This section allows employees of a district to have specific amounts deducted from their wages, provided they've given approval. These deductions can be: for union dues based on a collective bargaining agreement, contributions to health, welfare, or retirement plans, and for any other deductions that a private employer might permit.

Notwithstanding the provisions of the Government Code, employees of the district may authorize and, upon such authorization, the district shall make deductions from wages and salaries of such employees:
(a)CA Public Utilities Code § 101347(a) Pursuant to a collective bargaining agreement with a duly designated or certified labor organization for the payment of union dues, fees, or assessments.
(b)CA Public Utilities Code § 101347(b) For the payment of contributions pursuant to any health and welfare plan or pension or retirement plan.
(c)CA Public Utilities Code § 101347(c) For any purpose for which deductions may be authorized by employees of any private employer.

Section § 101348

Explanation

This law mandates that a district must engage in good faith negotiations with a recognized labor organization. They need to sign a formal agreement covering employee wages, hours, and work conditions. The law requires the district to follow these agreements fully and make sure their duty to negotiate includes any topic usually discussed in private sector bargaining, even those that are retroactive.

The obligation of the district to bargain in good faith with a duly designated or certified labor organization and to execute a written collective bargaining agreement with such labor organization covering the wages, hours, and working conditions of the employees represented by such labor organization in an appropriate unit, and to comply with the terms thereof, shall not be limited or restricted by any provision of law. The obligation of the district to bargain collectively shall extend to all subjects of collective bargaining which are or may be proper subjects of collective bargaining with a private employer, including retroactive provisions.