SECTIONS 30750-30756 - California Statutes

PUBLIC UTILITIES CODE

SECTION 30750-30756

30750. (a) Subject to subdivision (b), 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
30751 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, hours, and working conditions. In the
absence of the expression of the desire to be represented by a labor
organization, employees are subject to any personnel system
established pursuant to Section 30257.
(b) Upon the acquisition by the district of the property of the
Los Angeles Metropolitan Transit Authority pursuant to Chapter 8
(commencing with Section 31000), the district shall assume and
observe all existing labor contracts and shall recognize the labor
organization certified to represent the employees in each existing
bargaining unit as the sole representative of the employees in each
of those bargaining units. Any certification of a labor organization
previously made by the California State Mediation and Conciliation
Service under the provisions of the Los Angeles Metropolitan Transit
Authority Act of 1957 to represent or act for the employees in any
collective bargaining unit shall remain in full force and effect and
shall be binding upon the district. Those certifications and any
certifications made under this subdivision shall not be subject to
challenge on the grounds that a new substantial question of
representation within the 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; provided,
that no collective bargaining agreement shall be construed to be a
bar to representation proceedings for a period of more than two
years.
(c) 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 that labor organization
covering the wages, hours, and working conditions of the employees
represented by that labor organization in an appropriate unit, and to
comply with the terms of that collective bargaining agreement, shall
not be limited or restricted by any other provision of law. The
obligation of the district to bargain collectively shall extend to
all subjects of collective bargaining, including, but not limited to,
retroactive pay increases. Notwithstanding any other provision of
law, the district shall make deductions from the wages and salaries
of its employees, upon receipt of authorization to make those
deductions, for the payment of union dues, fees, or assessments, for
the payment of contributions pursuant to any health and welfare plan
or pension plan, or for any other purpose for which deductions may be
authorized by employees where the deductions are pursuant to a
collective bargaining agreement with a duly designated or certified
labor organization.
(d) (1) If a dispute arises over wages, 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
representative of the employees may submit the dispute to an
arbitration board. The decision of a majority of the arbitration
board shall be final and binding.
(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 labor organization.
(B) If the representatives of the district 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
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. The decision of a majority of the
arbitration board shall be final and binding upon the parties.
(C) The district and the labor organization shall each pay half of
the cost of the impartial arbitrator.
(e) 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.
(f) 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.

30751. Any question which may arise with respect to whether a
majority of the employees in an appropriate unit desire to be
represented by a labor organization shall be submitted to the
Director of the Department of Industrial Relations. In resolving such
questions of representation including the determination of the
appropriate unit or units, petitions, the conduct of hearings and
elections, the director shall apply the relevant federal law and
administrative practice developed under the Labor Management
Relations Act, 1947, as amended, and for this purpose shall adopt
appropriate rules and regulations. Said rules and regulations shall
be administered by the State Conciliation Service and shall provide
for a prompt public hearing and a secret ballot election to determine
the question of representation.

30752. 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 a comparable position 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.

30753. (a) Whenever the district acquires existing facilities from
a publicly or privately owned public utility, either in proceedings
in eminent domain or otherwise, the district shall assume and observe
all existing labor contracts, and to the extent necessary for
operation of facilities acquired, 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,
pension and vacation credits in accordance with the records and labor
agreements of the acquired public utility.
(b) 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.

30754. The district shall not acquire any existing transit system
or part thereof whether by purchase, lease, condemnation, or
otherwise, or dispose of or lease any transit system or part thereof,
or merge, consolidate or coordinate any transit system or part
thereof, or substitute any type of equipment on any system or part
thereof for the then existing equipment or terminate any lease
arrangement or management contract, or reduce or limit the lines or
service of any existing system or of its system unless it shall first
have made adequate provision for the district's employees who are or
may be displaced, or whose wages, hours, place or conditions of
employment are or may be adversely affected. The terms and conditions
of such provisions shall be a proper subject of collective
bargaining with the labor organizations that represent such
employees. In the event the parties are unable to agree upon such
provisions the dispute shall be submitted to arbitration. The
arbitrator shall be selected according to procedures established by
subdivision (d) of Section 30750. The decision of the arbitrator
shall be final and binding on the parties. In the event that at the
time the district acquires a system or part thereof, and former or
furloughed employees of such system are at that time entitled to
protection under a collective bargaining agreement or an order of the
Public Utilities Commission or other public agency, the district
shall provide for the continuation of such protection for the period
of the agreement or order.

30755. 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.

30756. (a) In the event the board and the representatives of the
employees do not agree to submit a dispute over the terms and
conditions of a collective bargining agreement to arbitration as
provided in subdivision (d) of Section 30750, the State Conciliation
Service may be notified by either party that a dispute exists and
that there is no agreement to arbitrate.
(b) Following such notification, 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.
(c) Upon a determination that the dispute cannot be resolved by
the parties, the service shall certify its findings to the Governor
of the State of California.
(d) The Governor shall, within 10 days of receipt of
certification, appoint a factfinding commission consisting of three
persons.
(e) The commission shall immediately convene and inquire into and
investigate the issues in the dispute.
The commission shall have authority to issue subpoenas for the
attendance of witnesses and subpoenas duces tecum for the production
of books, documents, and other records. Subpoenas shall be serviced
and enforced in accordance with Chapter 2 (commencing with Section
1985) of Title 3, Part 4 of the Code of Civil Procedure.
The commission shall report to the Governor within 60 days of the
date of its creation. However, the commission shall deliver a
preliminary confidential report to the parties not later than the
51st day of the 60-day period, and the parties may submit comments on
such report to the commission for its consideration not later than
the 54th day of the 60-day period.
The commission shall, if either party so requests in its comments,
include in its report an estimate of the cost of implementing any
proposals or recommendations contained in the report.
(f) After notification to the State Conciliation Service by either
party in accordance with subdivision (a), no change, except by
mutual agreement, shall be made by the parties in the conditions out
of which the dispute arose and service to the public shall continue
to be provided (1) until the service determines that the dispute may
be resolved by the parties, or (2) if the service determines that the
dispute cannot be resolved by the parties, until 10 days after the
commission has made its report to the Governor.