California SB 1166

Existing law, the Transit District Law, establishes the Alameda-Contra Costa Transit District with various powers and duties relative to transportation projects and services and the operation of public transit in the Counties of Alameda and Contra Costa. 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. This bill would vest PERB with jurisdiction to enforce certain provisions related to the district's employees over charges of unfair practices for represented district 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 district, and authorize PERB to make additional emergency regulations applicable to the district. The bill would require the district 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. The bill would make it unlawful for the district or an employee organization to engage in certain acts, including imposing or threatening to impose reprisals on employees, refusing to meet and negotiate in good faith, or refusing to participate in good faith in mutually agreed upon impasse procedures. This bill would authorize any charging party, respondent, or intervenor aggrieved by a final decision or order of PERB in an unfair practice case, except a decision of PERB not to issue a complaint in such a case, to petition for a writ of extraordinary relief from that decision or order, as specified. The bill, if the time to petition for extraordinary relief from a PERB decision or order has expired, would authorize PERB to 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, as specified. By imposing new duties on the district, 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 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.