SECTIONS 1137-1137.6 - California Statutes

LABOR CODE

SECTION 1137-1137.6

1137. The definitions set forth in this section shall govern the
construction and meaning of the terms used in this chapter:
(a) "Local agency" means any city, county, special district, or
other public entity in the state. It includes a charter city or a
charter county.
(b) "Public transit employee" means an employee of any transit
district of the state, an employee of the Golden Gate Bridge, Highway
and Transportation District, and an employee of any local agency who
is employed to work for transit service provided by such agency.

1137.1. Notwithstanding any other provision of law, the following
provisions shall govern disputes between exclusive bargaining
representatives of public transit employees and local agencies:
(a) Such disputes shall not be subject to any factfinding
procedure otherwise provided by law.
(b) Each party shall exchange contract proposals not less than 90
days before the expiration of a contract, and shall be in formal
collective bargaining not less than 60 days before such expiration.
(c) Each party shall supply to the other party such reasonable
data as are requested by the other party.
(d) At the request of either party to a dispute, a conciliator
from the State Conciliation Service shall be assigned to mediate the
dispute and shall have access to all formal negotiations.
The provisions of this section shall not apply to any local agency
subject to the provisions of Chapter 10 (commencing with Section
3500) of Division 4 of Title 1 of the Government Code.

1137.2. (a) Whenever in the opinion of the Governor, a threatened
or actual strike or lockout will, if permitted to occur or continue,
significantly disrupt public transportation services and endanger the
public's health, safety, or welfare, and upon the request of either
party to the dispute, the Governor may appoint a board to investigate
the issues involved in the dispute and to make a written report to
him or her within seven days. Such report shall include a statement
of the facts with respect to the dispute, including the respective
positions of the parties, but shall not contain recommendations. Such
report shall be made available to the public.
(b) Any strike or lockout during the period of investigation of
the board appointed pursuant to this section is prohibited.

1137.3. The board of investigation shall be composed of no more
than five members, one of whom shall be designated by the Governor as
chairperson. Members of the board shall receive one hundred dollars
($100) for each day actually spent by them in the work of the board
and shall receive their actual and necessary expenses incurred in the
performance of their duties.
The board may hold public hearings to ascertain the facts with
respect to the causes and circumstances of the dispute. For the
purpose of any hearing or investigation, the board may summon and
subpoena witnesses, require the production of papers, books,
accounts, reports, documents, records, and papers of any kind and
description, to issue subpoenas, and to take all necessary means to
compel the attendance of witnesses and procure testimony.

1137.4. Upon receiving a report from a board of investigation, the
Governor may request the Attorney General to, and he or she shall,
petition any court of competent jurisdiction to enjoin such strike or
lockout or the continuing thereof, for a period of 60 days. The
court shall issue an order enjoining such strike or lockout, or the
continuation thereof, if the court finds that such threatened or
actual strike or lockout, if permitted to occur or continue, will
significantly disrupt public transportation services and endanger the
public's health, safety, or welfare.

1137.5. If the charter or establishing legislation of the local
agency establishes a time period for the negotiating or meeting and
conferring process which is shorter than 60 days, the provisions of
this chapter shall not be applicable to any disputes which may arise
between the exclusive bargaining representative of public transit
employees and the local agency.

1137.6. Except as expressly provided by subdivision (b) of Section
1137.2 and Section 1137.4, nothing in this chapter shall be construed
to grant or deprive employees of a right to strike.