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, the Santa Clara Valley Transportation Authority Act, establishes the Santa Clara Valley Transportation Authority with various powers and duties relative to transportation projects and services and the operation of public transit in the County of Santa Clara. Under existing law, the authority's employees 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. Existing law requires that any question as to whether a majority of authority employees desire to be represented by a labor organization be submitted to PERB, as specified.
This bill would vest PERB with jurisdiction to enforce certain provisions related to the authority's employees, over charges of unfair practices for represented authority employees, subject to a selection by an exclusive representative. The bill, in the case of such a selection, would give PERB jurisdiction over the initial determination as to whether those charges are justified and, if so, the appropriate remedy, subject to certain restrictions. The bill would require that PERB's regulations apply, as appropriate, to the authority, and authorize PERB to make additional emergency regulations applicable to the authority. The bill would require the authority to give reasonable written notice to an exclusive representative of its employees of its intent to make any change to matters within the scope of representation of the employees represented by the exclusive representative, as specified. By imposing new duties on the authority, the 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 authority.
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.