2007 California Public Utilities Code Article 4. Rights, Obligations, Prohibitions, And Unfair Labor Practices

CA Codes (puc:99563-99563.8)

99563.  Transit district employees shall have the right to form,
join, and participate in the activities of employee organizations of
their own choosing for the purpose of representation on all matters
of employer-employee relations and for the purpose of meeting and
conferring and shall have the right to engage in other concerted
activities for the purpose of collective bargaining or other mutual
aid or protection.  Transit district employees shall also have the
right to refuse to join employee organizations or to participate in
the activities of these organizations subject to the organizational
security provision permissible under this chapter.



99563.1.  Notwithstanding the provisions of the Government Code or
other laws or statutes, the transit district employer shall make
deductions from wages and salaries of its employees upon receipt of
authorization 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 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.


99563.2.  Subject to reasonable regulations, employee organizations
shall have the right of access at reasonable times to areas in which
employees work, the right to use transit district bulletin boards,
mailboxes and other means of communication, and the right to use
transit district facilities at reasonable times for the purpose of
meetings concerned with the exercise of the rights guaranteed by this
chapter.



99563.3.  A reasonable number of representatives of an exclusive
representative shall have the right to receive reasonable periods of
released or reassigned time without loss of compensation when engaged
in meeting and conferring and for the processing of grievances prior
to the adoption of the initial memorandum of understanding.  When a
memorandum of understanding is in effect, released or reassigned time
shall be in accordance with the memorandum.



99563.4.  Transit district employers, or the representatives as they
may designate, shall engage in meeting and conferring with the
employee organization selected as exclusive representative of an
appropriate unit on all matters within the scope of representation.




99563.5.  (a) The scope of representation shall include all matters
relating to employment conditions and employer-employee relations,
including, but not limited to, wages, hours, and other terms and
conditions of employment.
   (b) Notwithstanding subdivision (a), the scope of representation
shall not include consideration of the merits, necessity, or
organization of any service or activity provided by law or executive
order.



99563.6.  The duty to meet and confer in good faith requires the
parties to begin negotiations prior to the adoption of the final
budget for the ensuing year sufficiently in advance of the adoption
date so there is adequate time for agreement to be reached, or for
the resolution of impasse.



99563.7.  It shall be unlawful for the transit district employer 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 by this chapter.  For purposes
of this subdivision, "employee" includes an applicant for employment
or reemployment.
   (b) Deny to employee organizations rights guaranteed to them by
this chapter.
   (c) Refuse or fail to meet and confer with an 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 organization in
preference to another.  However, subject to rules and regulations
adopted by the board pursuant to Section 99561, an employer shall not
be prohibited from permitting employees to engage in meeting and
conferring or consulting during working hours without loss of pay or
benefits.
   (e) Refuse to participate in good faith in the impasse procedure
set forth in Article 9 (commencing with Section 99568).



99563.8.  It shall be unlawful for an employee organization to:
   (a) Cause or attempt to cause the transit district employer to
violate Section  99563.7.
   (b) 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 by this chapter.
   (c) Refuse or fail to meet and confer with the transit district
employer.
   (d) Refuse to participate in good faith in the impasse procedure
set forth in Article 9 (commencing with Section 99568).