SECTIONS 101340-101348 - California Statutes

PUBLIC UTILITIES CODE

SECTION 101340-101348

101340. 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.

101341. 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 101344 that such labor
organization represents the employees in the appropriate unit, shall
enter into a written contract with the accredited representative of
such 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, 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 such 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 Supervisor of
Conciliation of the Division of Conciliation, Department of
Industrial Relations. 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 thereto. The
expenses of arbitration shall be borne equally by the parties. Each
party shall bear his own costs.

101342. In the event the board and the representatives of the
employees do not agree to submit the dispute to an arbitration board
as provided in Section 101341, the State Conciliation Service may be
notified by either party that a dispute exists and that there is no
agreement to arbitrate. The State Conciliation 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
such determination, the State Conciliation Service shall certify its
findings to the Governor of the State of California, who shall,
within 10 days of receipt of certification, appoint a factfinding
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 such commission and for 30 days after such
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.

101343. (a) A contract or agreement shall not be made, or assumed
under this part, with any labor 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) 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.

101344. 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 and the conduct of hearings and elections, the State
Conciliation Service shall be guided by relevant federal law and
adminstrative 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. However, no collective bargaining
agreement shall be construed to be a bar to representation
proceedings for a period of more than two years.

101345. 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 public utility.

101346. 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.

101347. Notwithstanding the provisions of the Government Code,
employees of the district may authorize and, upon such authorization,
the district shall make deductions from wages and salaries of such
employees:
(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) For the payment of contributions pursuant to any health and
welfare plan or pension or retirement plan.
(c) For any purpose for which deductions may be authorized by
employees of any private employer.

101348. 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 any provision of law. 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.