Section § 102398

Explanation

This section defines specific terms used in a particular chapter about transportation in Sacramento. "District" refers to the Sacramento Regional Transit District, which operates various transportation systems but does not include temporary bus routes. An "Employee organization" is a group primarily focused on representing district employees in their dealings with the district. The term also covers individuals authorized to represent the organization. An "Exclusive representative" is a recognized employee organization appointed to negotiate on behalf of a group of employees within the district.

As used in this chapter, the following definitions apply:
(a)CA Public Utilities Code § 102398(a) “District” means the Sacramento Regional Transit District, including all operations and extensions of its transportation system, regardless of modality or vehicle type, and excluding all temporary bus lines.
(b)CA Public Utilities Code § 102398(b) “Employee organization” means an organization that includes employees of the district that has as one of its primary purposes representing those employees in their relations with the district. “Employee organization” shall also include any person of the organization authorized to act on its behalf.
(c)CA Public Utilities Code § 102398(c) “Exclusive representative” means an accredited employee organization recognized or certified as the exclusive negotiating representative of employees in an appropriate unit within the district.

Section § 102399

Explanation

This law is designed to improve how employees and employers interact within a district. It ensures that employees have the right to join organizations they choose and can be represented collectively. It allows them to select a single organization to solely represent them for workplace issues.

The Public Employment Relations Board is in charge of making sure these rights are upheld. They can create or change rules as needed to enforce these employee rights, following specific procedures to do so quickly if necessary to protect public welfare.

(a)CA Public Utilities Code § 102399(a) It is a primary purpose of this chapter to promote the improvement of personnel management and employer-employee relations within the district by providing a uniform basis for recognizing the right of employees to join employee organizations of their own choice, to be represented, to select one employee organization as the exclusive representative of the employees in an appropriate unit, and to afford employees a voice at work.
(b)CA Public Utilities Code § 102399(b) The Public Employment Relations Board established pursuant to Section 3541 of the Government Code, and the powers and duties of that board, as described in Section 3541.3 of the Government Code, shall have jurisdiction, as appropriate, to enforce this chapter and its existing regulations, shall apply, as appropriate, to this chapter. The board shall perform its duties under this section consistent with its regulations and shall have the authority to make additional regulations. The board may also adopt, amend, or repeal all rules and regulations necessary to carry out this article as emergency regulations in accordance with the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code). The adoption, amendment, or repeal of regulations pursuant to this subdivision is conclusively presumed to be necessary for the immediate preservation of the public peace, health, safety, or general welfare within the meaning of Section 11346.1 of the Government Code.

Section § 102400

Explanation

This law ensures that employees have the right to organize themselves, join or assist labor organizations, and collectively bargain through representatives they choose. They can also engage in activities together for negotiating and protecting their interests.

Employees shall have the right to self-organization, to form, join, or assist employee 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.

Section § 102401

Explanation

This section explains how a district must handle collective bargaining when employees want to be represented by an employee organization. Once it's confirmed that the organization represents the workers, the district needs to make a contract about wages, hours, pensions, and working conditions. If there's a disagreement on these terms, either when making a new contract or interpreting an existing one, the district and employee representatives can choose to use arbitration to solve the issue. This process involves an arbitration board with five members: two chosen by the district, two by the employee organization, and a fifth selected from a list. The board's decision is binding, and costs are shared equally by both parties.

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 an employee organization, the district, upon determining, as provided in Section 102403, that the employee organization represents the employees in the appropriate unit, shall enter into a written contract with the exclusive representative of the employees governing wages, salaries, hours, pensions, and working conditions. If, after a reasonable period of time, representatives of the district and the exclusive representatives of the employees fail to reach agreement either on the terms of a written contract governing wages, hours, pensions, and working conditions or the interpretation or application of the terms of an existing contract, upon the agreement of both the district and the representatives of the employees, the dispute may be submitted to an arbitration board and the decision of the majority of the arbitration board shall be final and binding.
The arbitration board shall be composed of two representatives of the district, and two representatives of the employee 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 employee organization and the district shall, alternately, strike a name from the list so supplied, and the name remaining after the employee organization and the district have stricken four names, shall be designated as the arbitrator. The employee 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 their own costs.

Section § 102402

Explanation

Under this law, any contract or agreement with employee organizations or groups cannot discriminate against employees on specific protected grounds, such as race or gender. However, they can exclude anyone advocating for the violent overthrow of the government. Additionally, the district itself must not discriminate in employment matters based on those same protected grounds, aligning with California's established anti-discrimination laws.

(a)CA Public Utilities Code § 102402(a) A contract or agreement shall not be made, or assumed under this article, with any employee 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 § 102402(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 § 102403

Explanation

When there's uncertainty about whether an employee group represents a majority or if the proposed unit is suitable for collective bargaining, the issue goes to the California State Mediation and Conciliation Service (CSMCS). They will quickly hold a public hearing, notify everyone involved, and decide the best unit for bargaining by looking at federal labor laws and practices.

The CSMCS will conduct an election to decide representation, and will certify the results. The decision can't be contested on representation grounds for one year after certification or until the current bargaining agreement ends, whichever is later. No collective agreement can block representation proceedings for over two years.

If there is a question whether an employee organization represents a majority of employees or whether the proposed unit is or is not appropriate, such matters shall be submitted to the California State Mediation and Conciliation Service for disposition. The California State Mediation and 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 California State Mediation and Conciliation Service shall be guided by relevant federal law and administrative practice, developed under the Labor-Management Relations Act, 1947, as presently amended. It is declared to be in the public interest that the district shall not express any preference for one union over another.
The California State Mediation and Conciliation Service shall provide for an election to determine the question of representation and shall certify the results to the parties. Any certification of an employee 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 § 102404

Explanation

This section states that exclusive representatives, like unions, are allowed to act on behalf of their members in dealings with the district. Employees are also entitled to be represented by these exclusive representatives.

Additionally, the law ensures that nothing here is meant to negatively impact any existing rights that exclusive representatives or employees have under current laws, even if those laws change.

(a)CA Public Utilities Code § 102404(a) Exclusive representatives shall have the right to represent their bargaining unit members in employer-employee relations with the district, and employees shall have the right to be represented by their exclusive representative.
(b)CA Public Utilities Code § 102404(b) This chapter is not intended to adversely affect any rights afforded to exclusive representatives or district employees under existing law, as it may be amended from time to time.

Section § 102405

Explanation

This law requires that a district gives written notice to the exclusive representative of its employees before making changes that affect employment matters. This notice is intended to allow the representative enough time to negotiate any proposed changes with the district.

The district shall give reasonable written notice to an exclusive representative of its intent to make any change to matters within the scope of representation of the employees represented by the exclusive representative for purposes of providing the exclusive representative a reasonable amount of time to negotiate with the district regarding the proposed changes.

Section § 102406

Explanation

This law makes it illegal for the district to take certain actions against employees or employee organizations. Specifically, they cannot retaliate against employees for exercising their rights or discriminate against them. Employee rights are protected, including those of job applicants. The district is also required to respect the rights of employee organizations and must negotiate with them in good faith. Providing false information to these organizations is prohibited. Additionally, the district can't interfere in the formation of employee organizations or show favoritism. Finally, the district must participate in agreed-upon processes to resolve disputes.

It is unlawful for the district to do any of the following:
(a)CA Public Utilities Code § 102406(a) Impose or threaten to impose reprisals on employees, to discriminate or threaten to discriminate against employees, or otherwise to interfere with, restrain, or coerce employees because of their exercise of rights guaranteed to them by this chapter. As used in this subdivision, “employee” includes an applicant for employment or reemployment with the district.
(b)CA Public Utilities Code § 102406(b) Deny employee organizations rights guaranteed to them by this chapter.
(c)CA Public Utilities Code § 102406(c) Refuse or fail to meet and negotiate in good faith with an exclusive representative. Knowingly providing an exclusive representative with inaccurate information, whether or not it is in response to a request for information, constitutes a refusal or failure of the district to meet and negotiate in good faith with the exclusive representative.
(d)CA Public Utilities Code § 102406(d) Dominate or interfere with the formation or administration of any employee organization, or contribute financial or other support to it, or in any way encourage employees to join any employee organization in preference to another.
(e)CA Public Utilities Code § 102406(e) Refuse to participate in good faith in mutually agreed upon impasse procedures.

Section § 102407

Explanation

This law makes it illegal for employee organizations, like unions, to take certain negative actions against employees. They can't threaten or discriminate against employees for using their rights. Unions must negotiate honestly with the district about issues involving the workers they represent. Additionally, they can't refuse to engage in agreed processes for resolving disputes when negotiations hit a dead end.

It is unlawful for an employee organization to do any of the following:
(a)CA Public Utilities Code § 102407(a) Impose or threaten to impose reprisals on employees, discriminate or threaten to discriminate against employees, or otherwise interfere with, restrain, or coerce employees because of their exercise of rights guaranteed to them by this chapter.
(b)CA Public Utilities Code § 102407(b) Refuse or fail to meet and negotiate in good faith with the district concerning any of the employees of which it is the exclusive representative.
(c)CA Public Utilities Code § 102407(c) Refuse to participate in good faith in mutually agreed upon impasse procedures.

Section § 102408

Explanation

This law section states that it doesn't replace certain procedures related to impasse resolution or injunctions already in place under another part of the Government Code.

An exclusive representative, like a union, can choose to have its bargaining units handled by the Public Employment Relations Board (PERB) for unfair practice charges. Once this choice is made, it cannot be changed for that unit.

PERB determines whether unfair practice charges are valid and decides on the remedies needed. However, if there are damages from illegal strikes, PERB cannot award expenses related to strike preparation or any costs or losses from the strike itself.

(a)CA Public Utilities Code § 102408(a) This chapter shall not displace, or supplant, the requirements of Chapter 3 (commencing with Section 3610) of Division 4.5 of Title 1 of the Government Code, and the impasse resolution and injunctive relief procedures provided for pursuant to Sections 3612 to 3614, inclusive, of the Government Code shall remain exclusive.
(b)Copy CA Public Utilities Code § 102408(b)
(1)Copy CA Public Utilities Code § 102408(b)(1) An exclusive representative may elect to move one or more of its bargaining units to the jurisdiction of the Public Employment Relations Board for unfair practice charges. Notification by the exclusive representative of such election shall be filed with the General Counsel of the Public Employment Relations Board or their designee and served on the district pursuant to applicable regulations. An election by an exclusive representative for one or more of its bargaining units to be subject to the jurisdiction of the Public Employment Relations Board shall be irrevocable for that unit.
(2)CA Public Utilities Code § 102408(b)(2) The initial determination as to whether the charge of unfair practice is justified and, if so, the appropriate remedy necessary to effectuate the purposes of this chapter, is a matter within the exclusive jurisdiction of the Public Employment Relations Board, except that in an action to recover damages due to an unlawful strike, the Public Employment Relations Board shall have no authority to award strike-preparation expenses as damages, and shall have no authority to award damages for costs, expenses, or revenue losses incurred during, or as a consequence of, an unlawful strike.

Section § 102409

Explanation

If you're affected by a final decision from the Public Employment Relations Board regarding unfair practice cases, you can request a special court review, called a writ of extraordinary relief, except when the Board decides not to issue a complaint. Your request must be made within 30 days in the appropriate district court of appeal. The court will notify the Board and has the power to enforce or change the Board's decision if necessary. However, the Board's factual findings will stand if they are well-supported.

If you miss the deadline to challenge the Board's decision, the Board itself can enforce its decisions in court. They must answer any questions about why they haven't enforced a decision within 10 days. If there's no compliance, the Board will seek court enforcement if you request it. The court will then decide whether the order needs to be enforced but won't reassess the order's merits.

(a)CA Public Utilities Code § 102409(a) Any charging party, respondent, or intervenor aggrieved by a final decision or order of the Public Employment Relations Board in an unfair practice case, except a decision of that board not to issue a complaint in such a case, may petition for a writ of extraordinary relief from that decision or order.
(b)CA Public Utilities Code § 102409(b) A petition for a writ of extraordinary relief shall be filed in the district court of appeal having jurisdiction over any county in which the district operates. The petition shall be filed within 30 days from the date of the issuance of the Public Employment Relations Board’s final decision or order, or order denying reconsideration, as applicable. Upon the filing of the petition, the court shall cause notice to be served upon the Public Employment Relations Board and thereafter shall have jurisdiction of the proceeding. The Public Employment Relations Board shall file in the court the record of the proceeding, certified by that board, within 10 days after the clerk’s notice unless that time is extended by the court for good cause shown. The court shall have jurisdiction to grant any temporary relief or restraining order it deems just and proper, and in like manner to make and enter a decree enforcing, modifying, and enforcing as modified, or setting aside in whole or in part the decision or order of the Public Employment Relations Board. The findings of the Public Employment Relations Board with respect to questions of fact, including ultimate facts, if supported by substantial evidence on the record considered as a whole, shall be conclusive. Title 1 (commencing with Section 1067) of Part 3 of the Code of Civil Procedure relating to writs shall, except where specifically superseded by this section, apply to proceedings pursuant to this section.
(c)CA Public Utilities Code § 102409(c) If the time to petition for extraordinary relief from a Public Employment Relations Board decision or order has expired, the Public Employment Relations Board may seek enforcement of any final decision or order in a district court of appeal or superior court having jurisdiction over the county where the events giving rise to the decision or order occurred. The Public Employment Relations Board shall respond within 10 days to any inquiry from a party to the action as to why the Public Employment Relations Board has not sought court enforcement of the final decision or order. If the response does not indicate that there has been compliance with the Public Employment Relations Board’s final decision or order, the Public Employment Relations Board shall seek enforcement of the final decision or order upon the request of the party. The Public Employment Relations Board shall file in the court the record of the proceeding, certified by that board, and appropriate evidence disclosing the failure to comply with the decision or order. If, after hearing, the court determines that the order was issued pursuant to the procedures established by the Public Employment Relations Board and that the person or entity refuses to comply with the order, the court shall enforce the order by writ of mandamus or other proper process. The court may not review the merits of the order.

Section § 102410

Explanation

This law says that changes to this chapter won't conflict with any existing labor contracts and won't cancel agreements made before January 1, 2022. It also states that related sections should be understood in line with how the Public Employment Relations Board interprets similar laws.

This chapter, as amended by the act adding this section, shall not be interpreted as if it were in conflict with any collective bargaining agreement and shall not be implemented to abrogate an agreement entered into before January 1, 2022, between the district and an employee organization. Sections 102405 to 102408, inclusive, shall be interpreted in a manner consistent with the Public Employment Relations Board’s interpretation of parallel provisions in other statutes it enforces.

Section § 102411

Explanation

If a district takes over facilities from a public utility, it must honor all existing labor and pension agreements. Employees directly involved with the acquired facilities will be hired in similar positions at the district without needing to pass any tests. They will keep their existing benefits like sick leave, seniority, vacation, and pensions as if they had stayed with the original company. The law guarantees these employees won't lose any pay or benefits because of the takeover. Additionally, the district can choose to offer these benefits to the utility's officers or supervisory staff.

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 pension and labor contracts. To the extent necessary for operation of facilities, all of the employees of the 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 that established system. No employee of any acquired public utility shall suffer any worsening of their 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 § 102412

Explanation

This law states that a district cannot make deals with companies, individuals, or public agencies for providing transit services, acquiring existing transit systems, or making changes to its own transit systems, like selling, leasing, merging, or coordinating them, unless it first takes care of any employees who might lose their jobs as a result. The conditions for doing so should be open to negotiation between the district and employee representatives.

The district shall not contract with any company, person, or public agency for that company, person, or public agency to provide transit facilities or services or 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 of its system, or part thereof, nor merge, consolidate, or coordinate any transit system or part thereof, unless it shall first have made adequate provision for any employees who are, or may be, displaced. The terms and conditions of the provision shall be a proper subject of collective bargaining.

Section § 102413

Explanation

This law allows employees of a specific district to have money taken out of their paychecks if they authorize it, according to a collective bargaining agreement. These deductions can be for union dues, health and welfare plans, pension or retirement plans, or any other purpose that private employees can authorize deductions for.

Notwithstanding the provisions of the Government Code, employees of this district may authorize and, upon authorization, the district shall make deductions from wages and salaries of employees pursuant to a collective bargaining agreement with a duly designated or certified labor organization:
(a)CA Public Utilities Code § 102413(a) For the payment of union dues, fees, or assessments.
(b)CA Public Utilities Code § 102413(b) For the payment of contributions pursuant to any health and welfare plan or pension or retirement plan.
(c)CA Public Utilities Code § 102413(c) For any purpose for which deductions may be authorized by employees of any private employer.

Section § 102414

Explanation

This law states that a district must negotiate in good faith with an employee organization chosen to represent certain workers. They need to reach and sign a written agreement about wages, hours, and working conditions. This duty isn't limited by other laws, and includes all topics that could be negotiated with a private employer, even past issues. The employee organization also has the same obligation to negotiate in good faith.

The obligation of the district to bargain in good faith with a duly designated or certified employee organization and to execute a written collective bargaining agreement with that employee organization covering the wages, hours, and working conditions of the employees represented by that employee 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 that are or may be proper subjects of collective bargaining with a private employer, including retroactive provisions. The duly designated or certified employee organization shall also have the obligation to bargain in good faith.

Section § 102415

Explanation

This law requires the district to make sure it and its employees are covered by the federal Social Security program and related insurance laws. Essentially, the district must take the necessary steps to ensure compliance with these federal benefits programs.

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

Section § 102416

Explanation

This law ensures that a district must take action to provide its employees with coverage under California's workers' compensation, disability, and unemployment insurance laws. This means they need to make sure their workers have the necessary protections if they get injured on the job, become disabled, or lose their job.

The district shall take 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.

Section § 102417

Explanation

This law states that if a district chooses an exclusive labor union to represent its workers, certain government labor rules do not apply to that district.

In the event an exclusive collective bargaining representative is selected pursuant to Section 102403, the provisions of Chapter 10 (commencing with Section 3500) of Division 4 of Title 1 of the Government Code are not applicable to the district.

Section § 102418

Explanation

This law makes sure that certain public employment laws related to representation and rights apply to a specific district and its employees. It clarifies that the district is considered a public employer for these purposes, despite what another part of the law might usually say.

Chapter 11.5 (commencing with Section 3555) of Division 4 of Title 1 of the Government Code applies to the district and its employees. Notwithstanding subparagraph (B) of paragraph (1) of subdivision (i) of Section 3558.8 of the Government Code, the district is a public employer for purposes of Chapter 11.5 (commencing with Section 3555) of Division 4 of Title 1 of the Government Code.