Section § 70120

Explanation

This law gives employees the right to form or join labor unions and engage in collective bargaining for better wages, hours, and working conditions. It ensures that all unions are treated equally and without preference by their employer district. If a majority of employees want union representation, the district must negotiate and formalize agreements with their chosen union. Should disputes arise regarding employment terms that can't be resolved through negotiations, the issue may go to arbitration, where both sides present their arguments to a board. An arbitration panel mediates unresolved disputes, with members chosen from both the district and the union, and sometimes a neutral arbitrator. A majority decision from this board is binding, and costs are shared equally. If arbitration is refused, the California State Mediation and Conciliation Service steps in. They assess the dispute and report to the Governor, who appoints a fact-finding commission to investigate, preventing unilateral changes until resolved.

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.

Section § 70121

Explanation

This section prohibits any contracts or agreements with organizations that discriminate against employees based on protected characteristics, like race, gender, or religion. However, it allows excluding anyone who wants to overthrow the government by force. It also states that the district cannot discriminate in employment against anyone based on the same protected characteristics, following the guidelines of California's anti-discrimination law.

(a)CA Public Utilities Code § 70121(a) A contract or agreement shall not be made, or assumed, with any labor organization, association, group, or individual 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 § 70121(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 § 70122

Explanation

This law section states that if there's uncertainty about whether a labor union represents the majority of employees or if the proposed employee group is suitable for collective bargaining, these issues will be resolved by the State Conciliation Service. They will hold a public hearing and decide what's best for collective bargaining, following relevant federal laws. If needed, they'll organize an election to confirm representation and certify the results.

Additionally, once a labor union is certified to represent workers, this cannot be contested for a year or until any current bargaining agreement ends, whichever comes later. However, no agreement can prevent new representation proceedings for more than 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, 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; provided, that no collective bargaining agreement shall be construed to be a bar to representation proceedings for a period of more than two years.

Section § 70123

Explanation

If a district takes over facilities from a public utility, whether through legal proceedings or another method, it must respect the existing labor contracts. Employees working at the acquired facilities must be offered similar jobs within the district without having to take any tests. They will keep their sick leave, seniority, vacation, and pension credits according to their previous employment records and agreements. Pension or retirement plans for the employees will remain unchanged. Importantly, employees' wages and benefits cannot be reduced due to the takeover.

The district also has the option to offer similar benefits to management and supervisory staff from the utility they acquired.

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 utility.

Section § 70124

Explanation

Before a transit district in California can buy, sell, lease, merge, or change any transit system, it must first ensure that it takes care of any workers who might lose their jobs because of these actions. This includes negotiating the terms of what happens to those employees through collective bargaining.

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 § 70125

Explanation

This law allows employees of a specific district to have certain deductions taken from their paychecks, as long as they give permission for those deductions. These deductions can be related to union dues, health and welfare contributions, pension or retirement plans, and anything else allowed for private employees.

Notwithstanding any provision of the Government Code, employees of this district may authorize and, upon that authorization, the district may make deductions from their wages and salaries as follows:
(a)CA Public Utilities Code § 70125(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 § 70125(b) For the payment of contributions pursuant to any health and welfare plan or pension or retirement plan.
(c)CA Public Utilities Code § 70125(c) For any purpose for which deductions may be authorized by employees of any private employer.

Section § 70126

Explanation

This law states that a district in California must engage in good faith negotiations with a recognized labor union to create a written agreement about employee wages, hours, and working conditions. The district's duty to negotiate isn't limited by other laws, and must include all bargaining topics relevant to private employers, even retroactive terms. Regardless of other laws, the district can deduct union dues, fees, and contributions for benefits like health plans from employee paychecks if these deductions are authorized under a union agreement.

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 the provisions of the Government Code or other laws or statutes and 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. Notwithstanding the provisions of the Government Code or other laws or statutes, the district shall make deductions from wages and salaries of its employees upon receipt of authorization therefor for the payment of union dues, fees or assessments, for the payment of contributions pursuant to any health and welfare plan or pension plan or for any other purpose for which deductions may be authorized by employees of any private employer, where such deductions are pursuant to a collective bargaining agreement with a duly designated or certified labor organization.

Section § 70127

Explanation

This law allows a district to set up a retirement system for its employees. However, if the employees are represented by a labor organization, the retirement system's details must be decided through a collective bargaining agreement between the labor organization and the district.

The district may provide for a retirement system; provided, that the adoption, terms and conditions of any retirement system covering employees of the district represented by a labor organization in accordance with this section shall be pursuant to a collective bargaining agreement between such labor organization and the district.

Section § 70128

Explanation

This law requires the district to take the necessary actions to ensure both the district and its employees are covered by Title II of the Federal Social Security Act and any related provisions of the Federal Insurance Contributions Act. This means that the district must arrange for participation in the federal social security program, which provides benefits like retirement and disability insurance.

The district shall take such steps as may be necessary to obtain coverage for the district and its employees under Title II of the Federal Social Security Act, as amended, and the related provisions of the Federal Insurance Contributions Act, as amended.

Section § 70129

Explanation

This law requires the district to ensure that both it and its employees are covered by California's workers' compensation, unemployment compensation disability, and unemployment insurance programs. This means taking any necessary actions to secure these protections for their workers.

The district shall take such steps as may be necessary to obtain coverage for the district and its employees under the workers’ compensation, unemployment compensation disability and unemployment insurance laws of the State of California.