Marin County Transit DistrictLabor Provisions
Section § 70120
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.
Section § 70121
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.
Section § 70122
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.
Section § 70123
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.
Section § 70124
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.
Section § 70125
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.
Section § 70126
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.
Section § 70127
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.
Section § 70128
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.
Section § 70129
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.