The Alameda-Contra Costa Transit District (“AC Transit”) is governed by the Transit District Law, which contains provisions governing labor relations between AC Transit and its employees. The Public Employment Relations Board (“PERB”) administers and enforces numerous California’s public-sector collective bargaining laws. The existing Transit District Law did not vest PERB with jurisdiction over unfair labor practice disputes between AC Transit and its represented employees, therefore the courts generally had initial jurisdiction over such disputes.
SB 1166 establishes a new process under which an exclusive representative of AC Transit employees may irrevocably elect, on a bargaining unit-by-bargaining unit basis, to vest PERB with jurisdiction to enforce certain provisions related to unfair practice charges by represented AC Transit employees. If an exclusive representative makes such an election, PERB shall obtain exclusive initial jurisdiction to determine whether an unfair practice occurred and, if so, the appropriate remedy, subject to specified limitations. The exclusive representative must notify PERB and serve AC Transit after making the election to provide PERB jurisdiction.
SB 1166 also establishes specific unfair labor practice requirements for AC Transit and its employee organizations. Among other requirements, AC Transit must provide an exclusive representative with reasonable written notice before making changes to matters within the scope of representation and allow the representative a reasonable opportunity to negotiate over the proposed changes. AC Transit may not interfere with employees’ protected rights, deny employee organizations their statutory rights, refuse to meet and negotiate in good faith, interfere with employee organizations, or refuse to participate in agreed-upon impasse procedures. Employee organizations are similarly prohibited from specified unfair practices. SB 1166 also establishes procedures for judicial review and enforcement of PERB decisions. Exclusive representatives may not opt out of these requirements.
SB 1166 adds Sections 25058, 25059, 25060, 25061, 25062, and 25063 to the Public Utilities Code.
