SECTIONS 70120-70129 - California Statutes

PUBLIC UTILITIES CODE

SECTION 70120-70129

70120. 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. It is declared to be in the public
interest that the district shall not express any preference for one
union over another. Notwithstanding any other provision of this part,
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 70122 that such labor organization represents
the employees in the appropriate unit, shall enter into a written
contract with the accredited representative of such 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 either, the district and
the labor organization may submit said dispute to the decision of the
majority of an arbitration board, and the decision of the majority
of such 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.
In the event the board and the representatives of the employees do
not agree to submit said dispute to an arbitration board as herein
provided, the State Conciliation Service may be notified by either
party that a dispute exists and that there is no agreement to
arbitrate. Said service shall determine whether or not the dispute
may be resolved by the parties and, if not, the issues concerning
which the dispute exists; upon such determination the service shall
certify its findings to the Governor of the State of California who
shall, within 10 days of receipt of certification appoint a fact
finding commission consisting of three persons which shall
immediately convene and inquire into and investigate the issues
involved in the dispute. Said commission shall report to the Governor
within 30 days of the date of its creation.
After the creation of such commission and for 30 days after such
commission has made its report to the Governor, no change, except by
mutual agreement, shall be made by the parties to the controversy in
the conditions out of which the dispute arose and service to the
public shall be provided.

70121. (a) A contract or agreement shall not be made, or assumed,
with any labor organization, association, group, or individual that
denies membership to, or in any manner discriminates against, any
employee 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.
(b) 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.

70122. 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.

70123. 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.

70124. The district shall not acquire any existing system or part
thereof whether by purchase, lease, condemnation, or otherwise, nor
shall the district dispose of or lease 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 have made adequate
provision for any employees who are or may be displaced. The terms
and conditions of such provision shall be a proper subject of
collective bargaining.

70125. Notwithstanding any provision of the Government Code,
employees of this district may authorize and, upon that
authorization, the district may make deductions from their wages and
salaries as follows:
(a) Pursuant to a collective bargaining agreement with a duly
designated or certified labor organization for the payment of union
dues, fees, or assessments.
(b) For the payment of contributions pursuant to any health and
welfare plan or pension or retirement plan.
(c) For any purpose for which deductions may be authorized by
employees of any private employer.

70126. 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.

70127. 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.

70128. The district shall take such steps as may be necessary to
obtain coverage for the district and its employees under Title II of
the Federal Social Security Act, as amended, and the related
provisions of the Federal Insurance Contributions Act, as amended.

70129. 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.