SECTIONS 28850-28855 - California Statutes

PUBLIC UTILITIES CODE

SECTION 28850-28855

28850. (a) If a majority of the employees employed by a district in
a unit appropriate for collective bargaining indicate a desire to be
represented by a labor organization, then the board, after
determining pursuant to Section 28851 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 board
and the representatives of the employees, then upon the agreement of
both parties, the 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 district, two representatives of the labor
organization, and a fifth member to be agreed upon by the
representatives of the district and the labor organization.
(B) If the representatives of the district and the 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 district shall, alternately, strike a name from the list supplied
by the California State Mediation and Conciliation Service. The
labor organization and the district shall determine by lot who shall
first strike a name from the list. After the labor organization and
the 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.

28851. 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.

28852. Whenever the 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.

28853. Whenever the 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.

28854. The persons entitled to pension benefits as provided for in
Section 28853 and the benefits which are provided shall be specified
in the agreement or order by which any public utility is acquired by
the district.

28855. All persons receiving pension benefits from such acquired
public utility and all persons entitled to pension benefits under the
pension plan of such acquired public utility may become members or
receive pensions under the retirement system established by the
district by mutual agreement of such persons and the district.