SECTIONS 105150-105155 - California Statutes

PUBLIC UTILITIES CODE

SECTION 105150-105155

105150. The Legislature hereby finds and declares that the creation
of the district may adversely affect the collective bargaining
rights, wages, benefits, and employment opportunities of employees of
the district organized pursuant to Part 3 (commencing with Section
27000) of Division 16 of the Streets and Highways Code.

105151. Notwithstanding the provisions of Article 1 (commencing
with Section 105140), in order to protect and preserve the collective
bargaining rights of employees of the district organized pursuant to
Part 3 (commencing with Section 27000) of Division 16 of the Streets
and Highways Code, whose employment opportunities may be adversely
affected by the adoption and implementation of this division, upon
the district's decision to commence rail service, the district shall
establish at least three collective bargaining units comprised of the
following:
(a) A transportation operators collective bargaining unit.
(b) A transportation maintenance collective bargaining unit.
(c) A transportation dispatch and equipment servicing collective
bargaining unit.
For purposes of this section, the district's decision to commence
rail service shall be effected by the district's adoption of a
resolution that confirms that sufficient financing exists to
undertake rail service and declares the intention of the district to
take all reasonable and necessary steps to commence rail service.

105152. For a period of four years, commencing with the district's
decision to commence rail service as provided in Section 105151, or
until the expiration of the current collective bargaining agreement,
whichever is later, employees of the district organized pursuant to
Part 3 (commencing with Section 27000) of Division 16 of the Streets
and Highways Code, who are employed by that district in
classifications assigned to the same or similar collective bargaining
units as those set out in Section 105151, shall be given priority of
employment within the collective bargaining units set forth in
Section 105151. Any dispute arising over the appropriate placement
within a collective bargaining unit or over any assignment of
classifications made by the district to a bargaining unit set forth
in Section 105151 shall be resolved by the Public Employee Relations
Board. Any determination of the Public Employee Relations Board shall
be consistent with the intent of this section.

105153. The district shall recognize and bargain with, as the
accredited representative of the employees within the collective
bargaining units set forth in Section 105151, the accredited
collective bargaining representatives that represent the same or
similar bargaining units within the district organized pursuant to
Part 3 (commencing with Section 27000) of Division 16 of the Streets
and Highways Code. This recognition shall be maintained unless
changed by mutual agreement of the district and the affected
collective bargaining representative or the representative is
decertified in accordance with the rules and procedures of the Public
Employee Relations Board for the certification and decertification
of employee representatives.

105154. Employees of the district organized pursuant to Part 3
(commencing with Section 27000) of Division 16 of the Streets and
Highways Code who transfer to the district and into a collective
bargaining unit set forth in Section 105151, shall be credited with
any accrued seniority earned at the district from which they have
transferred, and shall not suffer a loss in their rate of wages,
pension benefits, pension accrual rights, health benefits, retiree
health benefits, vacation accrual, or other seniority-based benefits,
such as job bidding and transfer rights, as a result of their
transfer to the district.

105155. To facilitate implementation of the employee rights
enumerated in this section, the district and the district organized
pursuant to Part 3 (commencing with Section 27000) of Division 16 of
the Streets and Highways Code may engage in joint collective
bargaining with the accredited representatives of the collective
bargaining units set forth in Section 105151 and the same or similar
collective bargaining units within the district organized pursuant to
Part 3 (commencing with Section 27000) of Division 16 of the Streets
and Highways Code to establish uniform wages, health benefits,
pension benefits, and other uniform terms and conditions of
employment. To maintain continuity of pension benefits, the district
shall have the right to appoint at least one representative to any
joint labor-management retirement board that administers a retirement
plan in which employees of the district and employees of the
district organized pursuant to Part 3 (commencing with Section 27000)
of Division 16 of the Streets and Highways Code are participants,
provided that an equal number of employer and employee
representatives on the retirement board is maintained. In addition,
the district shall enter into a reciprocity agreement through the
Public Employees' Retirement System (PERS) which recognizes PERS
service with the district organized pursuant to Part 3 (commencing
with Section 27000) of Division 16 of the Streets and Highways Code
of any district employee employed in a collective bargaining unit set
forth in Section 105151 whose members' pensions are provided through
PERS.