Bill Text: CA AB528 | 2015-2016 | Regular Session | Introduced
Bill Title: San Francisco Bay Area Rapid Transit District: strikes: prohibition.
Spectrum: Partisan Bill (Republican 7-0)
Status: (Failed) 2016-02-01 - From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. [AB528 Detail]
Download: California-2015-AB528-Introduced.html
BILL NUMBER: AB 528 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Member Baker
(Coauthors: Assembly Members Bigelow, Grove, Harper, Lackey,
Olsen, and Wilk)
FEBRUARY 23, 2015
An act to amend Section 3616 of, and to add Section 3616.1 to, the
Government Code, relating to the San Francisco Bay Area Rapid
Transit District.
LEGISLATIVE COUNSEL'S DIGEST
AB 528, as introduced, Baker. San Francisco Bay Area Rapid Transit
District: strikes: prohibition.
Existing law creates the San Francisco Bay Area Rapid Transit
District and establishes provisions regulating the collective
bargaining of the employees and the board of directors of that
district. Existing law prescribes procedures specifically relating to
the collective bargaining of transit districts, and authorizes the
Governor, when it appears a strike will significantly disrupt
transportation services and endanger public health, safety, and
welfare, to appoint a board to investigate issues in connection with
these labor negotiations and make a report. Existing law prohibits a
strike during the period of investigation and permits the Governor,
upon receiving a report from a board of investigation, to request the
Attorney General to petition a court to enjoin the strike, as
specified.
This bill would prohibit employees of the San Francisco Bay Area
Rapid Transit District from engaging in a strike or work stoppage if
the transit district board maintains the compensation and benefit
provisions of an expired contract and an employee or employee
organization has agreed to a provision prohibiting strikes in the
expired or previous written labor contract. The bill would provide
that an employee whom the transit district employer finds willfully
engaged in a strike or work stoppage in violation of these provisions
is subject to dismissal if that finding is sustained upon conclusion
of the appropriate proceedings necessary for the imposition of a
disciplinary action.
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 3616 of the Government Code is amended to read:
3616. Except as expressly provided by subdivision (b) of Section
3612 and Section 3614, 3612, and Sections
3614 and 3616.1, nothing in this chapter shall be construed to
grant or deprive employees of a right to strike.
SEC. 2. Section 3616.1 is added to the Government Code, to read:
3616.1. (a) This section shall apply to employees of the San
Francisco Bay Area Rapid Transit District as created in Section 28600
of the Public Utilities Code.
(b) Notwithstanding any other law, if the Board of Directors of
the San Francisco Bay Area Rapid Transit District maintains the
compensation and benefit provisions of an expired contract, and an
employee or employee organization has agreed to a provision
prohibiting strikes in the expired or previous written labor
contract, then a strike or work stoppage by employees of the district
is hereby deemed contrary to the public interest and is prohibited.
(c) An employee whom the transit district employer finds willfully
engaged in a strike or work stoppage in violation of subdivision (b)
by failing to report for work shall be subject to dismissal from his
or her employment if that finding is sustained upon conclusion of
the appropriate proceedings necessary for the imposition of
disciplinary action upon the employee.
