SECTIONS 105140-105143 - California Statutes

PUBLIC UTILITIES CODE

SECTION 105140-105143

105140. Except as otherwise provided in this article and in Article
2 (commencing with Section 105150), the determination of questions
concerning employee representation and the conduct of
employee-employer relations within the district shall be governed by
the Meyers-Milias-Brown Act (Chapter 10 (commencing with Section
3500) of Division 4 of Title 1 of the Government Code).

105141. Except as otherwise provided in Article 2 (commencing with
Section 105150), 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, and upon
determining that the labor organization represents at least a
majority of the employees in the appropriate unit, the board and the
accredited representative of employees shall bargain in good faith
and make all reasonable efforts to reach agreement on the terms of a
written contract governing wages, hours, and other terms and
conditions of employment within the scope of representation set forth
in Section 3504 of the Government Code.

105142. (a) If, after a reasonable period of time, representatives
of the district and the accredited representatives of the employees
fail to reach agreement either on the terms of a written contract
governing wages, hours, and other terms and conditions of employment
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.
(b) 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 a fifth
member. If they are unable to agree, the names of five persons
experienced in labor arbitration shall be obtained from the State
Conciliation Service. The labor organization and the district shall,
alternately, strike a name from this list, and the name remaining
after the labor organization and the district have stricken four
names shall be designated as the fifth arbitrator and chairperson of
the board of arbitration. The labor organization and the district
shall determine by lot who shall first strike a name from the list.
The decision of a majority of the arbitration board shall be final
and binding upon the parties thereto.
(c) Each party shall be responsible for the expense of the
presentation of its case. All other expenses of arbitration shall be
borne equally by the parties and the expenses may include the making
of a verbatim record of the proceedings and transcript of that
record.

105143. The district may contract for management services with any
public agency or person and may contract for operations and
maintenance services with the district organized pursuant to Part 3
(commencing with Section 27000) of Division 16 of the Streets and
Highways Code. However, the district may not contract out the
performance of services performed by or fairly claimable by employees
of a bargaining unit without the agreement of the accredited
representative of that bargaining unit's employees.