AMENDED IN SENATE AUGUST 24, 2022

AMENDED IN ASSEMBLY MARCH 24, 2022

CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

95

CHAPTER 789

Statutes of 2022

[ Approved by Governor September 29, 2022. Filed with Secretary of State September 29, 2022. ]

Introduced by Assembly Member Kalra

(Coauthor: Assembly Member Low)

February 17, 2022

An act to add Sections 100309, 100310, and 100311 to the Public Utilities Code, relating to public employment.

Vote: majority   Appropriation: no   Fiscal committee: yes   Local program: yes

LEGISLATIVE COUNSEL’S DIGEST

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.

The people of the State of California do enact as follows:

SECTION 1.

Section 100309 is added to the Public Utilities Code, to read:

100309.

(a) It is a primary purpose of this article to promote the improvement of personnel management and employer-employee relations within the VTA by providing a uniform basis for recognizing the right of employees to join employee organizations of their own choice, to be represented, to select one employee organization as the exclusive representative of the employees in an appropriate unit, and to afford employees a voice at work.

(b) The Public Employment Relations Board established pursuant to Section 3541 of the Government Code, and the powers and duties of the Public Employment Relations Board as described in Section 3541.3 of the Government Code, shall have jurisdiction pursuant to subdivision (b) of Section 100310 to enforce this article and the regulations of the Public Employment Relations Board shall apply to this article. The Public Employment Relations Board shall perform its duties under this section consistent with its regulations and may make additional regulations. The Public Employment Relations Board may also adopt, amend, or repeal all rules and regulations necessary to carry out this article as emergency regulations in accordance with the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code). The adoption, amendment, or repeal of regulations pursuant to this subdivision is conclusively presumed to be necessary for the immediate preservation of the public peace, health, safety, or general welfare within the meaning of Section 11346.1 of the Government Code.

SEC. 2.

Section 100310 is added to the Public Utilities Code, to read:

100310.

(a) This article shall not displace or supplant the requirements of Chapter 3 (commencing with Section 3610) of Division 4.5 of Title 1 of the Government Code, and the impasse resolution and injunctive relief procedures provided for pursuant to Sections 3612 to 3614, inclusive, of the Government Code shall remain exclusive.

(b) (1) An exclusive representative for employees of the VTA may select to move one or more of its represented bargaining units to the jurisdiction of the Public Employment Relations Board for unfair practice charges. A selection for Public Employment Relations Board jurisdiction pursuant to this paragraph with regard to a bargaining unit shall be irrevocable for that unit. The exclusive representative shall file notification of such a selection with the general counsel of the Public Employment Relations Board, or a designee, and serve one or more of the following:

(A) The general manager, chief executive officer, or the equivalent, of the VTA.

(B) The general legal counsel, or the equivalent, of the VTA.

(C) The VTA, pursuant to applicable regulations.

(2) If a selection is made pursuant to paragraph (1) for Public Employment Relations Board jurisdiction over unfair practice charges, the initial determination as to whether the charge of unfair practice is justified and, if so, the appropriate remedy necessary to effectuate the purposes of this article, is a matter within the exclusive jurisdiction of the Public Employment Relations Board, except that in an action to recover damages due to an unlawful strike, the Public Employment Relations Board shall not award strike-preparation expenses as damages and shall not award damages for costs, expenses, or revenue losses incurred during, or as a consequence of, an unlawful strike.

SEC. 3.

Section 100311 is added to the Public Utilities Code, to read:

100311.

The VTA shall give reasonable written notice to an exclusive representative of its intent to make any change to matters within the scope of representation of the employees represented by the exclusive representative for purposes of providing the exclusive representative a reasonable amount of time to negotiate with the VTA regarding the proposed changes.

SEC. 4.

The Legislature finds and declares that a special statute is necessary and that a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique need of the Santa Clara Valley Transportation Authority to efficiently and cost-effectively adjudicate unfair labor practice complaints.

SEC. 5.

If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.