Chapter 4 - Labor Provisions

California Public Utilities Code — §§ 98160-98174

Sections (18)

Added by Stats. 2022, Ch. 240, Sec. 2. (SB 957) Effective January 1, 2023.

For purpose of this chapter, the following definitions apply:

(a)“District” means the Santa Cruz Metropolitan Transit District, including all operations and extensions of its transportation system, regardless of modality or vehicle type.

(b)“Employee organization” means an organization that includes employees of the district and a primary purpose of which is representing those employees in their relations with the district. “Employee organization” also includes any person of an employee organization authorized to act on its behalf.

(c)“Exclusive representative” means an accredited employee organization recognized or certified as the

exclusive negotiating representative of employees in an appropriate unit within the district.

§ 98160.5

Added by Stats. 2022, Ch. 240, Sec. 3. (SB 957) Effective January 1, 2023.

(a)It is a primary purpose of this chapter to promote the improvement of personnel management and employer-employee relations within the district by providing a uniform basis for recognizing the right of employees to join employee organizations of their own choice, to be represented, to select one employee organization as the exclusive representative of the employees in an appropriate unit, and to afford employees a voice at work.

(b)The Public Employment Relations Board established pursuant to Section 3541 of the Government Code, and the powers and duties of that board, as described in Section 3541.3 of the Government Code, shall have jurisdiction, as appropriate, to enforce this chapter.

§ 98160.7

Added by renumbering Section 98160 by Stats. 2022, Ch. 240, Sec. 1. (SB 957) Effective January 1, 2023.

Appointments and promotions in the service of the transit district shall be made according to merit and fitness, to be ascertained, in so far as is practicable, by competitive examination.

§ 98161

Amended by Stats. 2022, Ch. 240, Sec. 4. (SB 957) Effective January 1, 2023.

(a)All individuals shall have equal opportunity to obtain and hold employment, and to advance in that employment, without discrimination 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.

(b)An employee shall not be subject to punitive action, denied promotion, or threatened with that treatment for the exercise of lawful action as an elected, appointed, or recognized representative of an employee bargaining unit.

§ 98162

Amended by Stats. 1990, Ch. 368, Sec. 1.

(a)All employees of the district are to be free from interference, coercion, and restraint in associating themselves together for their mutual benefit in connection with their employment. They may designate representatives of their own choosing and, collectively or individually, may exercise their right of petition to the board concerning wages, hours, or other conditions of employment.

(b)Employees have the right to self-organization; to form, join, or assist labor organizations; and to bargain collectively through representatives of their own choosing for the

purpose of collective bargaining.

§ 98162.5

Amended by Stats. 2022, Ch. 240, Sec. 5. (SB 957) Effective January 1, 2023.

(a)Any question that 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 California State Mediation and Conciliation Service, a division within the Public Employment Relations Board.

(b)In resolving the questions of representation, including the determination of the appropriate unit or units, petitions, and 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 (29 U.S.C. Sec. 141 et seq.), as amended, and for this purpose shall adopt appropriate rules and regulations. The rules and regulations shall be administered by the California State Mediation and Conciliation Service and shall provide for a prompt public hearing

and a secret ballot election to determine the question of representation.

§ 98163

Added by Stats. 1967, Ch. 978.

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.

§ 98164

Added by Stats. 1967, Ch. 978.

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.

Whenever any such facilities are acquired by the district, the board shall consider and take into account the outstanding obligations and liabilities of the publicly or privately owned public utility by reason of such pension plan and shall negotiate an allowance in the

purchase price of such utility for the assumption of such obligations and liabilities when acquiring the facilities.

The persons entitled to pension benefits as provided for in Chapter 5 (commencing with Section 98180) of this part and the benefits which are provided shall be specified in the agreement or order by which any public utility is acquired by the district.

§ 98165

Added by Stats. 1967, Ch. 978.

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.

§ 98166

Amended by Stats. 2022, Ch. 240, Sec. 6. (SB 957) Effective January 1, 2023.

(a)Notwithstanding 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 the district.

(b)Upon authorization by its employees, the district may make deductions from the wages and salaries of its employees:

(1)For the payment of contributions pursuant to any health and welfare, pension, or retirement plan.

(2)For any purpose for which deductions may be authorized by employees of any private employer.

(3)For the payment of union dues, fees, assessments, and voluntary political contributions.

§ 98167

Amended by Stats. 2022, Ch. 240, Sec. 7. (SB 957) Effective January 1, 2023.

(a)The obligation of the district is to bargain in good faith with a duly designated or certified labor organization and, when an agreement is reached, to execute a written collective bargaining agreement with the labor organization covering the wages, hours, and working conditions of the employees represented by the labor organization in an appropriate unit, and, thereafter, to comply with the terms of the agreement.

(b)The obligation of the district to bargain collectively extends to all subjects of collective bargaining concerning wages, hours, working conditions, and other conditions of employment.

(c)This section supersedes Chapter 10 (commencing

with Section 3500) of Division 4 of Title 1 of the Government Code if there is any conflict between this section and that chapter, but in all other situations that chapter governs.

(d)The district shall give reasonable written notice to an exclusive representative of its intent to make any change to matters within the scope of representation of the employees represented by the exclusive representative for purposes of providing the exclusive representative a reasonable amount of time to negotiate with the district regarding the proposed changes.

§ 98168

Amended by Stats. 2022, Ch. 240, Sec. 8. (SB 957) Effective January 1, 2023.

(a)The district shall not require any employee, who is a member of a bona fide religion, body, or sect which has historically held conscientious objections to joining or financially supporting labor organizations, to join or financially support any public employee labor organization as a condition of employment. However, that employee may be required, in lieu of paying periodic dues, fees, or assessments to a labor organization, to pay sums equal to those dues, fees, or assessments to a nonreligious, nonlabor charitable fund exempt from taxation under Section 501(c) (3) of the

Internal Revenue Code (26 U.S.C. Sec. 501(c) (3)), chosen by the employee from a list of at least three qualifying funds, designated in a memorandum of understanding between the district and the labor organization or, if the memorandum of understanding fails to designate the funds, then to any qualifying fund chosen by the employee. Proof of payments made pursuant to this section shall be made on a monthly basis to the district as a condition of continued exemption from the requirement of financial support to a labor organization.

(b)An exclusive representative may represent their bargaining unit members in employer-employee relations with the district, and employees shall have the right to be represented by their exclusive representative.

§ 98169

Added by Stats. 2022, Ch. 240, Sec. 9. (SB 957) Effective January 1, 2023.

It is unlawful for the district to do any of the following:

(a)Impose or threaten to impose reprisals on employees, to discriminate or threaten to discriminate against employees, or otherwise to interfere with, restrain, or coerce employees because of their exercise of rights guaranteed to them by this chapter. As used in this subdivision, “employee” includes an applicant for employment or reemployment with the district.

(b)Deny employee organizations rights guaranteed to them by this chapter.

(c)Refuse or fail to meet and negotiate in good faith with an exclusive representative. Knowingly providing an exclusive representative with

inaccurate information, whether or not it is in response to a request for information, constitutes a refusal or failure of the district to meet and negotiate in good faith with the exclusive representative.

(d)Dominate or interfere with the formation or administration of any employee organization, or contribute financial or other support to it, or in any way encourage employees to join any employee organization in preference to another.

(e)Refuse to participate in good faith in mutually agreed upon impasse procedures.

§ 98170

Added by Stats. 2022, Ch. 240, Sec. 10. (SB 957) Effective January 1, 2023.

It is unlawful for an employee organization to do any of the following:

(a)Impose or threaten to impose reprisals on employees, discriminate or threaten to discriminate against employees, or otherwise interfere with, restrain, or coerce employees because of their exercise of rights guaranteed to them by this chapter.

(b)Refuse or fail to meet and negotiate in good faith with the district concerning any of the employees of which it is the exclusive representative.

(c)Refuse to participate in good faith in mutually agreed upon impasse procedures.

§ 98171

Added by Stats. 2022, Ch. 240, Sec. 11. (SB 957) Effective January 1, 2023.

(a)This chapter shall not displace, or supplant, the requirements of Chapter 3 (commencing with Section 3610) of Division 4.5 of Title 1 of the Government Code, and the impasse resolution and injunctive relief procedures provided for pursuant to Sections 3612 to 3614, inclusive, of the Government Code shall remain exclusive.

(b)The initial determination as to whether the charge of unfair practice is justified and, if so, the appropriate remedy necessary to effectuate the purposes of this chapter, is a matter within the exclusive jurisdiction of the Public Employment Relations Board, except that in an action to recover damages due to an unlawful strike, the Public Employment Relations Board shall not award strike-preparation expenses as

damages, and shall not award damages for costs, expenses, or revenue losses incurred during, or as a consequence of, an unlawful strike.

§ 98172

Added by Stats. 2022, Ch. 240, Sec. 12. (SB 957) Effective January 1, 2023.

(a)Any charging party, respondent, or intervenor aggrieved by a final decision or order of the Public Employment Relations Board in an unfair practice case, except a decision of that board not to issue a complaint in such a case, may petition for a writ of extraordinary relief from that decision or order.

(b)A petition for a writ of extraordinary relief shall be filed in the district court of appeal having jurisdiction over any county in which the district operates. The petition shall be filed within 30 days from the date of the issuance of the Public Employment Relations Board’s final decision or order, or order denying reconsideration, as applicable. Upon the filing of the petition, the court shall cause notice to be served on the Public

Employment Relations Board and thereafter shall have jurisdiction of the proceeding. The Public Employment Relations Board shall file in the court the record of the proceeding, certified by that board, within 10 days after the clerk’s notice unless that time is extended by the court for good cause shown. The court shall have jurisdiction to grant any temporary relief or restraining order it deems just and proper, and in like manner to make and enter a decree enforcing, modifying, and enforcing as modified, or setting aside in whole or in part the decision or order of the Public Employment Relations Board. The findings of the Public Employment Relations Board with respect to questions of fact, including ultimate facts, if supported by substantial evidence on the record considered as a whole, shall be conclusive. Title 1 (commencing with Section 1067) of Part 3 of the Code of Civil Procedure relating to writs shall, except where specifically superseded by this section, apply to proceedings pursuant to this

section.

(c)If the time to petition for extraordinary relief from a Public Employment Relations Board decision or order has expired, the Public Employment Relations Board may seek enforcement of any final decision or order in a district court of appeal or superior court having jurisdiction over the county where the events giving rise to the decision or order occurred. The Public Employment Relations Board shall respond within 10 days to any inquiry from a party to the action as to why the Public Employment Relations Board has not sought court enforcement of the final decision or order. If the response does not indicate that there has been compliance with the Public Employment Relations Board’s final decision or order, the Public Employment Relations Board shall seek enforcement of the final decision or order upon the request of the party. The Public Employment Relations Board shall file in the court the record of the proceeding, certified by

that board, and appropriate evidence disclosing the failure to comply with the decision or order. If, after hearing, the court determines that the order was issued pursuant to the procedures established by the Public Employment Relations Board and that the person or entity refuses to comply with the order, the court shall enforce the order by writ of mandamus or other proper process. The court may not review the merits of the order.

§ 98173

Added by Stats. 2022, Ch. 240, Sec. 13. (SB 957) Effective January 1, 2023.

This chapter, as amended by the act adding this section, shall not be interpreted as if it were in conflict with any collective bargaining agreement and shall not be implemented to abrogate an agreement entered into between the district and an employee organization before January 1, 2023. This chapter shall be interpreted in a manner consistent with the Public Employment Relations Board’s interpretation of parallel provisions in other statutes it enforces.

§ 98174

Added by Stats. 2022, Ch. 240, Sec. 14. (SB 957) Effective January 1, 2023.

Chapter 11.5 (commencing with Section 3555) of Division 4 of Title 1 of the Government Code applies to the district and its employees. Notwithstanding subparagraph (B) of paragraph (1) of subdivision (I) of Section 3558.8 of the Government Code, the district is a public employer for purposes of Chapter 11.5 (commencing with Section 3555) of Division 4 of Title 1 of the Government Code.