SECTIONS 25051-25057 - California Statutes

PUBLIC UTILITIES CODE

SECTION 25051-25057

25051. (a) If a majority of the employees employed by a transit
district in a unit appropriate for collective bargaining indicate a
desire to be represented by a labor organization, the transit board,
after determining pursuant to Section 25052 that the labor
organization represents the employees in the appropriate unit, shall
bargain with the accredited representative of those employees. Both
parties shall bargain in good faith and make all reasonable efforts
to reach agreement on the terms of a written contract governing
wages, salaries, hours, working conditions, and grievance procedures.
(1) If a dispute arises over the terms of a written contract
governing wages, salaries, hours, or working conditions that is not
resolved by negotiations conducted in good faith between the transit
board and the representatives of the employees, then upon the
agreement of both parties, the transit board and the representatives
of the employees may submit the dispute to an arbitration board. The
decision of a majority of the arbitration board shall be final.
(2) (A) The arbitration board shall be composed of two
representatives of the transit board, two representatives of the
labor organization, and a fifth member to be agreed upon by the
representatives of the transit board and labor organization.
(B) If the representatives of the transit board and labor
organization are unable to agree on the fifth member, then the names
of five persons experienced in labor arbitration shall be obtained
from the California State Mediation and Conciliation Service within
the Department of Industrial Relations. The labor organization and
the transit district shall, alternately, strike a name from the list
supplied by the California State Mediation and Conciliation Service.
The labor organization and the transit district shall determine by
lot who shall first strike a name from the list. After the labor
organization and the transit district have stricken four names, the
name remaining shall be designated as the arbitrator.
(C) The transit board and the labor organization shall each pay
half of the cost of the impartial arbitrator.
(b) A contract or agreement shall not be made with any labor
organization, association, group, or individual that denies
membership 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.
(c) 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.

25052. 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 and may, by decision, establish
the boundaries of any collective bargaining unit and provide for an
election to determine the question of representation. Provided,
however, 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.

25053. Whenever any district acquires existing facilities from a
publicly or privately owned public utility, either in proceedings by
eminent domain or otherwise, to the extent necessary for operation of
facilities, all of the employees of such public utility whose duties
pertain to the facilities acquired who have been employed by said
utility for at least seventy-five (75) days shall be appointed to
comparable positions in the district without examination and shall be
governed thereafter by the personnel system adopted by the board,
and these employees shall be given sick leave, seniority and vacation
credits in accordance with the records of the acquired public
utility.
The provisions of this section shall apply only to those officers
or supervisory employees of the acquired utility as shall be
designated by the board.

25054. Whenever any district acquires existing facilities from a
publicly or privately owned public utility, either in proceedings in
eminent domain or otherwise, that has a pension plan in operation,
members and beneficiaries of such pension plan shall continue to have
the rights, privileges, benefits, obligations and status with
respect to such established system; provided, however, that the
outstanding obligations and liabilities of such public utility by
reason of such pension plan have been considered and taken into
account and allowance made for in the purchase price of such public
utility.

25055. The persons entitled to pension benefits as provided for in
Section 25054 and the benefits which are provided shall be specified
in the agreement or order by which any public utility is acquired by
the district.

25056. All persons receiving pension benefits from such acquired
public utility and all persons entitled to pension benefits under any
pension plan of such acquired public utility may become members or
receive pensions under the retirement system established by the
district as provided for in Chapter 5 (commencing with Section 25301)
of this part, or participated in by the district as provided for in
Section 25305 of this part, by mutual agreement of such persons and
the district. Such agreement may provide for the waiver of all
rights, privileges, benefits and status, with respect to the pension
plan of such acquired public utility.

25057. Notwithstanding any provisions of the Government Code, the
board may authorize payment of any or all of the premiums on any
group life, accident and health insurance, health and welfare plan,
or pension or retirement plan, on officers or employees of a
district. Upon authorization by its employees, a district may make
deductions from the wages and salaries of its employees:
(1) Pursuant to a collective bargaining agreement with a duly
designated or certified labor organization for the payment of union
dues, fees, or assessments.
(2) For the payment of contributions pursuant to any health and
welfare, pension, or retirement plan.
(3) For any purpose for which deductions may be authorized by
employees of any private employer.