PersonnelEmployee Relations
Section § 102398
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.
Section § 102399
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.
Section § 102400
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.
Section § 102401
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.
Section § 102402
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.
Section § 102403
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.
Section § 102404
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.
Section § 102405
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.
Section § 102406
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.
Section § 102407
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.
Section § 102408
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.
Section § 102409
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.
Section § 102410
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.
Section § 102411
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.
Section § 102412
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.
Section § 102413
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.
Section § 102414
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.
Section § 102415
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.
Section § 102416
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.
Section § 102417
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.
Section § 102418
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.