SECTIONS 40120-40129 - California Statutes

PUBLIC UTILITIES CODE

SECTION 40120-40129

40120. 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, the district, upon
determining as provided in Section 40122 that the labor organization
represents the employees in the appropriate unit, shall enter into a
written contract with the accredited representative of those
employees governing wages, salaries, hours, and working conditions.
In case of a dispute over wages, salaries, hours, or working
conditions, which is not resolved by negotiations in good faith
between the district and the labor organization, upon the request of
both, the district and the labor organization may submit the dispute
to the decision of the majority of an arbitration board, and the
decision of the majority of the arbitration board shall be final. 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 the fifth member. If
they are unable to agree, the names of five persons experienced in
labor arbitration shall be obtained from the Supervisor of
Conciliation of the Division of Conciliation, Department of
Industrial Relations. The labor organization and the district shall,
alternately, strike a name from the list so supplied, and the name
remaining after the labor organization and the district have stricken
four names, shall be designated as the arbitrator. The labor
organization and the district shall determine by lot who shall first
strike from the list. The decision of a majority of the arbitration
board shall be final and binding upon the parties thereto. The
expenses of arbitration shall be borne equally by the parties. Each
party shall bear his own costs.

40122. 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 after due notice to all
interested parties and shall thereupon determine the unit appropriate
for the purposes of collective bargaining. In making such
determination and in establishing rules and regulations governing
petitions, the conduct of hearings and elections, the State
Conciliation Service shall be guided by relevant federal law and
administrative practice, developed under the Labor-Management
Relations Act, 1947, as presently amended.
The State Conciliation Service shall provide for an election to
determine the question of representation and shall certify the
results to the parties. 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; provided, that no collective
bargaining agreement shall be construed to be a bar to representation
proceedings for a period of more than two years.

40123. Whenever the district acquires existing facilities from a
publicly or privately owned public utility, either in proceedings by
eminent domain or otherwise, the district shall assume and observe
all existing labor contracts. To the extent necessary for operation
of facilities, 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, vacation and pension credits in
accordance with the records and labor agreements of the acquired
public utility. 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.
The district may extend the benefits of this section to officers
or supervisory employees of the acquired utility.

40124. Except as otherwise provided in Chapter 6.5 (commencing with
Section 40221) of this part, the district shall not acquire any
existing system or part thereof whether by purchase, lease,
condemnation, or otherwise. The district shall not dispose of or
lease to any transit system or part thereof, nor merge, consolidate
or coordinate any transit system or part thereof, or reduce or limit
the lines or service of any existing system or of its system, or
terminate any lease arrangement or management contract, unless it
shall first give notice of such contemplated action to the collective
bargaining agent of the employees who are or may be affected
thereby. The terms and conditions of employment affected by such
action shall be a proper subject of collective bargaining.

40125. Notwithstanding the provisions of the Government Code,
employees of this district may authorize and, upon such
authorization, the district may make deductions from wages and
salaries of such 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 plan or pension or retirement plan.
(3) For any purpose for which deductions may be authorized by
employees of any private employer.

40126. 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 such labor organization
covering the wages, hours and working conditions of the employees
represented by such labor organization in an appropriate unit, and to
comply with the terms thereof shall not be limited or restricted by
the provisions of the Government Code or other laws or statutes and
the obligation of the district to bargain collectively shall extend
to all subjects of collective bargaining which are or may be proper
subjects of collective bargaining with a private employer, including
retroactive provisions. Notwithstanding the provisions of the
Government Code or other laws or statutes, the district shall make
deductions from wages and salaries of its employees upon receipt of
authorization therefor 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 of any private employer,
where such deductions are pursuant to a collective bargaining
agreement with a duly designated or certified labor organization.

40127. The district may provide for a retirement system; provided,
that the adoption, terms and conditions of any retirement system
covering employees of the district represented by a labor
organization in accordance with this section shall be pursuant to a
collective bargaining agreement between such labor organization and
the district.

40128. The district shall take the necessary steps to obtain
coverage for the district and its employees under Subchapter II of
the federal Social Security Act, as amended, and the related
provisions of the Federal Insurance Contributions Act, as amended.
However, the district is not required to provide coverage under
Subchapter II of the federal Social Security Act, as amended, for
employees who are members of the Orange County Employees Retirement
System. Notwithstanding Section 31557 of the Government Code,
administrative and professional employees may be admitted to
membership in the Orange County Employees Retirement System without
making membership applicable to all employees of the district. The
board, by resolution, shall determine which employees are employed in
administrative and professional classifications.

40129. The district shall take such steps as may be necessary to
obtain coverage for the district and its employees under the workers'
compensation, unemployment compensation disability and unemployment
insurance laws of the State of California.