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 does not apply the above provisions to employees of specified transit agencies, including the Orange County Transportation Authority and the San
Joaquin Regional Transit District, among others.
Existing law establishes the Orange County Transportation Authority and the San Joaquin Regional Transit District within the Counties of Orange and San Joaquin. Existing law authorizes employees of
these transit agencies to enter into labor organizations, as specified, and requires the California State Mediation and Conciliation Service to participate in labor organization disputes, as provided. Under existing law, these transit agencies may sue, and be sued, in all courts and tribunals of competent jurisdiction.
This bill, on and after January 1, 2020, would require employers and employees of the Orange County Transportation Authority and the San Joaquin Regional Transit District to adjudicate complaints of specified
labor violations before PERB as an unfair practice and would authorize specified parties aggrieved by PERB’s decision or order to petition for relief from that decision or order, as provided. By requiring the 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 Orange County Transportation Authority and the San Joaquin 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.