SECTIONS 28850-28855

28850.  (a) If a majority of the employees employed by a district ina unit appropriate for collective bargaining indicate a desire to berepresented by a labor organization, then the board, afterdetermining pursuant to Section 28851 that the labor organizationrepresents the employees in the appropriate unit, shall bargain withthe accredited representative of those employees. Both parties shallbargain in good faith and make all reasonable efforts to reachagreement on the terms of a written contract governing wages,salaries, hours, working conditions, and grievance procedures. (1) If a dispute arises over the terms of a written contractgoverning wages, salaries, hours, or working conditions that is notresolved by negotiations conducted in good faith between the boardand the representatives of the employees, then upon the agreement ofboth parties, the board and the representatives of the employees maysubmit the dispute to an arbitration board. The decision of amajority of the arbitration board shall be final. (2) (A) The arbitration board shall be composed of tworepresentatives of the district, two representatives of the labororganization, and a fifth member to be agreed upon by therepresentatives of the district and the labor organization. (B) If the representatives of the district and the labororganization are unable to agree on the fifth member, then the namesof five persons experienced in labor arbitration shall be obtainedfrom the California State Mediation and Conciliation Service withinthe Department of Industrial Relations. The labor organization andthe district shall, alternately, strike a name from the list suppliedby the California State Mediation and Conciliation Service. Thelabor organization and the district shall determine by lot who shallfirst strike a name from the list. After the labor organization andthe district have stricken four names, the name remaining shall bedesignated as the arbitrator. (C) The transit board and the labor organization shall each payhalf of the cost of the impartial arbitrator. (b) A contract or agreement shall not be made with any labororganization, association, group, or individual that deniesmembership on any basis listed in subdivision (a) of Section 12940 ofthe Government Code, as those bases are defined in Sections 12926and 12926.1 of the Government Code. However, the organization maypreclude from membership any individual who advocates the overthrowof the government by force or violence. (c) The district shall not discriminate with regard to employmentagainst any person on any basis listed in subdivision (a) of Section12940 of the Government Code, as those bases are defined in Sections12926 and 12926.1 of the Government Code, except as otherwiseprovided in Section 12940 of the Government Code.28851.  If there is a question whether a labor organizationrepresents a majority of employees or whether the proposed unit is oris not appropriate, such matters shall be submitted to the StateConciliation Service for disposition. The State Conciliation Serviceshall promptly hold a public hearing and may, by decision, establishthe boundaries of any collective bargaining unit and provide for anelection to determine the question of representation. Provided,however, any certification of a labor organization to represent oract for the employees in any collective bargaining unit shall not besubject to challenge on the grounds that a new substantial questionof representation within such collective bargaining unit exists untilthe lapse of one year from the date of certification or theexpiration of any collective bargaining agreement, whichever islater.28852.  Whenever the district acquires existing facilities from apublicly or privately owned public utility, either in proceedings byeminent domain or otherwise, to the extent necessary for operation offacilities, all of the employees of such public utility whose dutiespertain to the facilities acquired who have been employed by saidutility for at least seventy-five (75) days shall be appointed tocomparable positions in the district without examination and shall begoverned thereafter by the personnel system adopted by the board,and these employees shall be given sick leave, seniority and vacationcredits in accordance with the records of the acquired publicutility.28853.  Whenever the district acquires existing facilities from apublicly or privately owned public utility, either in proceedings ineminent domain or otherwise, that has a pension plan in operation,members and beneficiaries of such pension plan shall continue to havethe rights, privileges, benefits, obligations and status withrespect to such established system; provided, however, that theoutstanding obligations and liabilities of such public utility byreason of such pension plan have been considered and taken intoaccount and allowance made for in the purchase price of such publicutility.28854.  The persons entitled to pension benefits as provided for inSection 28853 and the benefits which are provided shall be specifiedin the agreement or order by which any public utility is acquired bythe district.28855.  All persons receiving pension benefits from such acquiredpublic utility and all persons entitled to pension benefits under thepension plan of such acquired public utility may become members orreceive pensions under the retirement system established by thedistrict by mutual agreement of such persons and the district.