Sacramento Regional Transit District: employee relations.

Existing law establishes the Public Employment Relations Board (PERB) in state government as a means of resolving disputes and enforcing the statutory duties and rights of specified public employers and employees under various acts regulating collective bargaining, including the Meyers-Milias-Brown Act. Existing law includes within PERB's jurisdiction the resolution of disputes alleging violation of rules and regulations adopted by a public agency, as defined, concerning unit determinations, representations, recognition, and elections, as specified. Existing law authorizes PERB to adopt rules and regulations to carry out its purposes, as provided. Existing law does not apply the above provisions to employees of specified transit agencies, including the Sacramento Regional Transit District, among others. Existing law establishes the Sacramento Regional Transit District and designates it a rapid transit district. Existing law provides that district employees shall have the right to self-organization, to form, assist, or join 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. Existing law provides that the district has an obligation 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, as specified. Existing law provides that the duly designated or certified labor organization shall also have the obligation to bargain in good faith. This bill would grant PERB jurisdiction to enforce these labor provisions applicable to the Sacramento Regional Transit District. The bill would require PERB to perform its duties imposed by the bill consistent with existing regulations, and would authorize PERB to make additional regulations, as specified. The bill would authorize an exclusive representative to move one or more of its bargaining units to the jurisdiction of PERB to adjudicate complaints of specified labor violations as an unfair labor practice, and would make the jurisdiction of PERB irrevocable for that bargaining unit. The bill would give PERB the exclusive jurisdiction to make the initial determination of whether the charge of unfair practice is justified and, if so, to determine the appropriate remedy necessary. The bill would provide that exclusive representatives have the right to represent their bargaining units in employer-employee relations with the district, and employees have the right to be represented by their exclusive representative. The bill would require the district to give reasonable written notice to an exclusive representative of its intent to make any changes to matters within the scope of representation for purposes of providing the exclusive representative a reasonable amount of time to negotiate with the district regarding the proposed changes. The bill would also make it unlawful for the district or an employee organization to engage in certain acts, including imposing or threatening to impose reprisals on employees, or refusing to meet and negotiate in good faith in mutually agreed upon impasse procedures. By requiring the district transit agencies to adjudicate claims before PERB, this bill would impose a state-mandated local program. This bill would make legislative findings and declarations as to the necessity of a special statute for the Sacramento Regional Transit District. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.