90260. The board shall appoint and fix the salary of a general
manager, who shall have full charge of the acquisition, construction,
maintenance and operation of the facilities of the district and also
of the administration of the business affairs of the district.
90261. All other things being equal, the board shall appoint as
general manager some person who has had experience in the
construction or management of transit facilities.
90262. The general manager need not be a resident of this state at
the time of his appointment.
90263. The general manager shall hold office for an indefinite term
and may be removed by the board only upon the adoption of a
resolution by the affirmative vote of not less than a majority of the
board. Before the general manager may be removed, he shall, if he
demands it, be given a written statement of the reasons alleged for
his removal and he shall have the right to be publicly heard thereon
at a meeting of the board prior to the final vote on the resolution
providing for his removal, but pending and during such hearing the
board may suspend him from office. The board may not reduce the
salary of the general manager below the amount fixed at the time of
his original appointment except upon the adoption of a resolution by
a like vote and after a like opportunity to be heard. The action of
the board in suspending or removing the general manager or reducing
his salary, if approved by a majority of the membership of the board
is final.
90264. Notwithstanding this article, until such time as the
district has operated, controlled, or used facilities or parts of
facilities for providing the inhabitants within the boundaries of the
district with transit service for a period of six months, the board
may, but is not required to, appoint a general manager. A general
manager appointed during such time holds office at the pleasure of
the majority of the board.
90265. The board shall appoint a secretary and an attorney, who
shall hold office during the pleasure of the board.
90266. The attorney shall be admitted to practice law in the
Supreme Court of the state, and shall have been actively engaged in
the practice of his profession for not less than five years next
preceding his appointment.
90267. The secretary and such assistants as the board may
determine, and shall have the power to administer all oaths or
affirmations required by this act, including the oath of office.
90268. The board may consolidate any of the district offices in one
person.
90269. The oath of all appointive officers of the district shall be
taken, subscribed, and filed with the secretary of the district at
any time after the officer has notice of his appointment but not
later than 15 days after the commencement of his term of office. No
other filing is required.
90270. Each appointive officer shall give such bond and in such
amount as the board may require.
90271. Subject to the control of the board, the powers and duties
of the general manager are:
(a) To have full charge of the acquisition, construction,
maintenance, and operation of the facilities of the district.
(b) To have full charge of the administration of the business
affairs of the district.
(c) To see that all ordinances of the district are enforced.
(d) To administer the personnel system and collective bargaining
agreements adopted by the board and except for officers appointed by
the board to appoint, discipline or remove all officers and employees
subject to the rules and regulations adopted by the board and the
applicable provisions of this part or the terms and conditions
contained in any applicable collective bargaining agreement.
(e) To attend all meetings of the board and submit a general
report of the affairs of the district.
(f) To keep the board advised as to the needs of the district.
(g) To prepare or cause to be prepared all plans and
specifications for the construction of the works of the district.
(h) To devote his entire time to the business of the district.
(i) To perform such other and additional duties as the board may
require.
90272. The general manager shall within 90 days from the end of
each fiscal year cause to be published a financial report showing the
result of the operations for the preceding fiscal year and the
financial status of the district on the last day thereof. The
publication shall be made in the manner provided in this division for
the publication of ordinances and notices generally.
90273. The attorney shall take charge of all suits and other legal
matters to which the district is a party or in which it is legally
interested. He shall give his advice or opinion in writing whenever
required by the board. He shall be the legal advisor of the general
manager and other district officers and shall prepare or approve the
forms of all ordinances, resolutions, contracts, bonds, and other
legal documents connected with the business of the district. He shall
perform such other and additional services as the board may require.
90274. The general manager shall provide for the custody of the
funds of the district and the keeping of accounts of all receipts and
disbursements. Payments shall be made only upon warrants duly and
regularly signed by the president or vice president of the board, or
other person authorized by the board so to do, and by the general
manager or secretary.
90275. With the consent of the board, the general manager may:
(a) Authorize the trust department of any state or national bank
in this state or a trust company authorized to act as such in this
state, to receive as his agent deposits of any securities acquired by
the district.
(b) Place and maintain for safekeeping as a trust deposit with the
trust department of any state or national banks in this state, or a
trust company authorized to act as such in this state, any securities
owned by the district.
The bank or trust company selected shall have a total paid-in
capital of at least one million dollars ($1,000,000). The general
manager shall take from the trust department or trust company a
receipt for the securities, and neither the general manager nor the
district is responsible for the custody and safe return of the
securities until they are withdrawn from the trust department or
trust company by the general manager. Any trust department or trust
company to which securities are delivered, either as agent or
depository for the general manager, shall make such disposition of
the securities as the general manager directs and is responsible only
for strict compliance with written instructions given to it by the
general manager. All such securities are at all times subject to the
order of the general manager.
90300. (a) Employees have the right to self-organize, 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. It is declared to be in the public
interest that the district not express any preference for one union
over another.
(1) (A) Notwithstanding any other provision of this act, if a
majority of the employees employed by a district in a unit
appropriate for collective bargaining indicate a desire to be
represented by a labor organization, then the district, after
determining pursuant to subdivision (f) that the labor organization
represents the employees in the appropriate unit, shall enter into a
written contract with the accredited representative of those
employees governing wages, salaries, hours, and working conditions.
(B) (i) If a dispute arises over wages, salaries, hours, or
working conditions that is not resolved by negotiations conducted in
good faith between the district and the labor organization, then upon
the request of either party, the district and the labor organization
may submit the dispute to an arbitration board. The decision of a
majority of the arbitration board shall be final.
(ii) The arbitration board shall be composed of two
representatives of the district, two representatives of the labor
organization, and a fifth member to be agreed upon by the
representatives of the district and labor organization.
(iii) If the representatives of the district and labor
organization are unable to agree on the fifth member, then the names
of five persons experienced in labor arbitration shall be obtained
from the California State Mediation and Conciliation Service within
the Department of Industrial Relations. The labor organization and
the district shall, alternately, strike a name from the list supplied
by the California State Mediation and Conciliation Service. The
labor organization and the district shall determine by lot who shall
first strike a name from the list. After the labor organization and
the district have stricken four names, the name remaining shall be
designated as the arbitrator. The decision of a majority of the
arbitration board shall be final and binding upon the parties.
(iv) The expenses of arbitration shall be borne equally by the
parties. Each party shall bear the party's own costs.
(b) If the board and the representatives of the employees do not
agree to submit the dispute to an arbitration board as provided in
subdivision (a), either party may notify the California State
Mediation and Conciliation Service that a dispute exists and that
there is no agreement to arbitrate. The California State Mediation
and Conciliation Service shall determine whether or not the dispute
can be resolved by the parties and, if not, the issues that are the
subject of the dispute. After making its determination, the service
shall certify its findings to the Governor who shall, within 10 days
of receipt of certification, appoint a factfinding commission
consisting of three persons. The factfinding commission shall
immediately convene and investigate the issues involved in the
dispute. The commission shall report to the Governor within 30 days
of the date of its creation.
(c) After the creation of the commission and for 30 days after the
date the commission made its report to the Governor, the parties to
the controversy shall not make any change, except by mutual
agreement, in the conditions out of which the dispute arose. Service
to the public shall be provided during that time.
(d) A contract or agreement shall not be made, or assumed, with
any labor organization, association, group, or individual that denies
membership to, or in any manner discriminates against, any employee
on any basis listed in subdivision (a) of Section 12940 of the
Government Code, as those bases are defined in Sections 12926 and
12926.1 of the Government Code. However, the organization may
preclude from membership any individual who advocates the overthrow
of the government by force or violence.
(e) The district shall not discriminate with regard to employment
against any person on any basis listed in subdivision (a) of Section
12940 of the Government Code, as those bases are defined in Sections
12926 and 12926.1 of the Government Code, except as otherwise
provided in Section 12940 of the Government Code.
(f) (1) Any questions regarding whether a labor organization
represents a majority of employees or whether the proposed unit is or
is not appropriate, shall be submitted to the California State
Mediation and Conciliation Service for disposition. The California
State Mediation and Conciliation Service shall promptly hold a public
hearing after due notice to all interested parties to determine the
unit appropriate for the purposes of collective bargaining. In making
that determination and in establishing rules and regulations
governing petitions and the conduct of hearings and elections, the
California State Mediation and Conciliation Service shall be guided
by relevant federal law and administrative practice, developed under
the Labor-Management Relations Act of 1947 (29 U.S.C. Sec. 141 et
seq.).
(2) The California State Mediation and Conciliation Service shall
provide for an election to determine the question of representation
and shall certify the results to the parties. A certification of a
labor organization to represent or act for the employees in any
collective bargaining unit shall not be subject to challenge on the
grounds that a new substantial question of representation within the
collective bargaining unit exists until the lapse of one year from
the date of certification or the expiration of any collective
bargaining agreement, whichever is later. However, no collective
bargaining agreement shall be construed to be a bar to representation
proceedings for a period of more than two years.
(g) If the district acquires existing facilities from a publicly
or privately owned public utility, either in proceedings by eminent
domain or otherwise, the district shall assume and observe all
existing labor contracts.
(1) To the extent necessary for operation of facilities, all of
the employees of the acquired public utility whose duties pertain to
the facilities acquired shall be appointed to comparable positions in
the district without examination, subject to all the rights and
benefits of this act. Those employees shall be given sick leave,
seniority, vacation, and pension credits in accordance with the
records and labor agreements of the acquired public utility.
(2) Members and beneficiaries of any pension or retirement system,
or other benefits established by the public utility, shall continue
to have the rights, privileges, benefits, obligations, and status
with respect to the established system. No employee of any acquired
public utility may be subject to a reduction in wages, seniority,
pension, vacation, or other benefits as a result of the acquisition.
(3) The district may extend the benefits of this section to
officers or supervisory employees of the acquired utility.
(h) The district shall not do any of the following:
(1) Acquire any existing system or part of an existing system,
whether by purchase, lease, condemnation, or otherwise.
(2) Dispose of or lease any transit system or part of the transit
system.
(3) Merge, consolidate, or coordinate any transit system or part
of the transit system.
(4) Reduce or limit the lines or service of any existing system or
of the district's system unless the district has first made adequate
provision for any employees who are or may be displaced. The terms
and conditions of that provision shall be a proper subject of
collective bargaining.
(i) Notwithstanding any provision of the Government Code, the
district may make deductions from the wages and salaries of its
employees who authorize the deductions for the following purposes:
(1) Pursuant to a collective bargaining agreement with a duly
designated or certified labor organization, for the payment of union
dues, fees, or assessments.
(2) For the payment of contributions pursuant to any health and
welfare plan, or pension or retirement plan.
(3) For any purpose for which employees of any private employer
may authorize deductions.
(j) (1) The obligation of the district to bargain in good faith
with a duly designated or certified labor organization and to execute
a written collective bargaining agreement with that labor
organization covering the wages, hours, and working conditions of the
employees represented by that labor organization in an appropriate
unit, and to comply with the terms of the collective bargaining
agreement, shall not be limited or restricted by any provision of
law. The obligation of the district to bargain collectively shall
extend to all subjects of collective bargaining that are or may be
proper subjects of collective bargaining with a private employer,
including retroactive provisions.
(2) Notwithstanding any other provision of law, the district shall
make deductions from the wages and salaries of its employees, upon
receipt of authorization to make those deductions, for the payment of
union dues, fees, or assessments, for the payment of contributions
pursuant to any health and welfare plan or pension plan, or for any
other purpose for which employees of any private employer may
authorize deductions, where those deductions are pursuant to a
collective bargaining agreement with a duly designated or certified
labor organization.
(k) The district may provide for a retirement system, provided
that the adoption, terms, and conditions of any retirement system
covering employees of the district represented by a labor
organization in accordance with this section shall be pursuant to a
collective bargaining agreement between the labor organization and
the district.
(l) The district shall take any steps that may be necessary to
obtain coverage for the district and its employees under Title II of
the Federal Social Security Act (42 U.S.C. Sec. 401 et seq.), and the
related provisions of the Federal Insurance Contributions Act (26
U.S.C. Sec. 3101 et seq.).
(m) The district shall take any steps that may be necessary to
obtain coverage for the district and its employees under the workers'
compensation (Division 4 (commencing with Section 3200) and Division
4.5 (commencing with Section 6100) of the Labor Code), unemployment
compensation disability (Part 2 (commencing with Section 2691) of
Division 1 of the Unemployment Insurance Code), and unemployment
insurance (Part 1 (commencing with Section 100) of Division 1 of the
Unemployment Insurance Code) laws of the State of California.
90260. The board shall appoint and fix the salary of a general
manager, who shall have full charge of the acquisition, construction,
maintenance and operation of the facilities of the district and also
of the administration of the business affairs of the district.
90261. All other things being equal, the board shall appoint as
general manager some person who has had experience in the
construction or management of transit facilities.
90262. The general manager need not be a resident of this state at
the time of his appointment.
90263. The general manager shall hold office for an indefinite term
and may be removed by the board only upon the adoption of a
resolution by the affirmative vote of not less than a majority of the
board. Before the general manager may be removed, he shall, if he
demands it, be given a written statement of the reasons alleged for
his removal and he shall have the right to be publicly heard thereon
at a meeting of the board prior to the final vote on the resolution
providing for his removal, but pending and during such hearing the
board may suspend him from office. The board may not reduce the
salary of the general manager below the amount fixed at the time of
his original appointment except upon the adoption of a resolution by
a like vote and after a like opportunity to be heard. The action of
the board in suspending or removing the general manager or reducing
his salary, if approved by a majority of the membership of the board
is final.
90264. Notwithstanding this article, until such time as the
district has operated, controlled, or used facilities or parts of
facilities for providing the inhabitants within the boundaries of the
district with transit service for a period of six months, the board
may, but is not required to, appoint a general manager. A general
manager appointed during such time holds office at the pleasure of
the majority of the board.
90265. The board shall appoint a secretary and an attorney, who
shall hold office during the pleasure of the board.
90266. The attorney shall be admitted to practice law in the
Supreme Court of the state, and shall have been actively engaged in
the practice of his profession for not less than five years next
preceding his appointment.
90267. The secretary and such assistants as the board may
determine, and shall have the power to administer all oaths or
affirmations required by this act, including the oath of office.
90268. The board may consolidate any of the district offices in one
person.
90269. The oath of all appointive officers of the district shall be
taken, subscribed, and filed with the secretary of the district at
any time after the officer has notice of his appointment but not
later than 15 days after the commencement of his term of office. No
other filing is required.
90270. Each appointive officer shall give such bond and in such
amount as the board may require.
90271. Subject to the control of the board, the powers and duties
of the general manager are:
(a) To have full charge of the acquisition, construction,
maintenance, and operation of the facilities of the district.
(b) To have full charge of the administration of the business
affairs of the district.
(c) To see that all ordinances of the district are enforced.
(d) To administer the personnel system and collective bargaining
agreements adopted by the board and except for officers appointed by
the board to appoint, discipline or remove all officers and employees
subject to the rules and regulations adopted by the board and the
applicable provisions of this part or the terms and conditions
contained in any applicable collective bargaining agreement.
(e) To attend all meetings of the board and submit a general
report of the affairs of the district.
(f) To keep the board advised as to the needs of the district.
(g) To prepare or cause to be prepared all plans and
specifications for the construction of the works of the district.
(h) To devote his entire time to the business of the district.
(i) To perform such other and additional duties as the board may
require.
90272. The general manager shall within 90 days from the end of
each fiscal year cause to be published a financial report showing the
result of the operations for the preceding fiscal year and the
financial status of the district on the last day thereof. The
publication shall be made in the manner provided in this division for
the publication of ordinances and notices generally.
90273. The attorney shall take charge of all suits and other legal
matters to which the district is a party or in which it is legally
interested. He shall give his advice or opinion in writing whenever
required by the board. He shall be the legal advisor of the general
manager and other district officers and shall prepare or approve the
forms of all ordinances, resolutions, contracts, bonds, and other
legal documents connected with the business of the district. He shall
perform such other and additional services as the board may require.
90274. The general manager shall provide for the custody of the
funds of the district and the keeping of accounts of all receipts and
disbursements. Payments shall be made only upon warrants duly and
regularly signed by the president or vice president of the board, or
other person authorized by the board so to do, and by the general
manager or secretary.
90275. With the consent of the board, the general manager may:
(a) Authorize the trust department of any state or national bank
in this state or a trust company authorized to act as such in this
state, to receive as his agent deposits of any securities acquired by
the district.
(b) Place and maintain for safekeeping as a trust deposit with the
trust department of any state or national banks in this state, or a
trust company authorized to act as such in this state, any securities
owned by the district.
The bank or trust company selected shall have a total paid-in
capital of at least one million dollars ($1,000,000). The general
manager shall take from the trust department or trust company a
receipt for the securities, and neither the general manager nor the
district is responsible for the custody and safe return of the
securities until they are withdrawn from the trust department or
trust company by the general manager. Any trust department or trust
company to which securities are delivered, either as agent or
depository for the general manager, shall make such disposition of
the securities as the general manager directs and is responsible only
for strict compliance with written instructions given to it by the
general manager. All such securities are at all times subject to the
order of the general manager.
90300. (a) Employees have the right to self-organize, 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. It is declared to be in the public
interest that the district not express any preference for one union
over another.
(1) (A) Notwithstanding any other provision of this act, if a
majority of the employees employed by a district in a unit
appropriate for collective bargaining indicate a desire to be
represented by a labor organization, then the district, after
determining pursuant to subdivision (f) that the labor organization
represents the employees in the appropriate unit, shall enter into a
written contract with the accredited representative of those
employees governing wages, salaries, hours, and working conditions.
(B) (i) If a dispute arises over wages, salaries, hours, or
working conditions that is not resolved by negotiations conducted in
good faith between the district and the labor organization, then upon
the request of either party, the district and the labor organization
may submit the dispute to an arbitration board. The decision of a
majority of the arbitration board shall be final.
(ii) The arbitration board shall be composed of two
representatives of the district, two representatives of the labor
organization, and a fifth member to be agreed upon by the
representatives of the district and labor organization.
(iii) If the representatives of the district and labor
organization are unable to agree on the fifth member, then the names
of five persons experienced in labor arbitration shall be obtained
from the California State Mediation and Conciliation Service within
the Department of Industrial Relations. The labor organization and
the district shall, alternately, strike a name from the list supplied
by the California State Mediation and Conciliation Service. The
labor organization and the district shall determine by lot who shall
first strike a name from the list. After the labor organization and
the district have stricken four names, the name remaining shall be
designated as the arbitrator. The decision of a majority of the
arbitration board shall be final and binding upon the parties.
(iv) The expenses of arbitration shall be borne equally by the
parties. Each party shall bear the party's own costs.
(b) If the board and the representatives of the employees do not
agree to submit the dispute to an arbitration board as provided in
subdivision (a), either party may notify the California State
Mediation and Conciliation Service that a dispute exists and that
there is no agreement to arbitrate. The California State Mediation
and Conciliation Service shall determine whether or not the dispute
can be resolved by the parties and, if not, the issues that are the
subject of the dispute. After making its determination, the service
shall certify its findings to the Governor who shall, within 10 days
of receipt of certification, appoint a factfinding commission
consisting of three persons. The factfinding commission shall
immediately convene and investigate the issues involved in the
dispute. The commission shall report to the Governor within 30 days
of the date of its creation.
(c) After the creation of the commission and for 30 days after the
date the commission made its report to the Governor, the parties to
the controversy shall not make any change, except by mutual
agreement, in the conditions out of which the dispute arose. Service
to the public shall be provided during that time.
(d) A contract or agreement shall not be made, or assumed, with
any labor organization, association, group, or individual that denies
membership to, or in any manner discriminates against, any employee
on any basis listed in subdivision (a) of Section 12940 of the
Government Code, as those bases are defined in Sections 12926 and
12926.1 of the Government Code. However, the organization may
preclude from membership any individual who advocates the overthrow
of the government by force or violence.
(e) The district shall not discriminate with regard to employment
against any person on any basis listed in subdivision (a) of Section
12940 of the Government Code, as those bases are defined in Sections
12926 and 12926.1 of the Government Code, except as otherwise
provided in Section 12940 of the Government Code.
(f) (1) Any questions regarding whether a labor organization
represents a majority of employees or whether the proposed unit is or
is not appropriate, shall be submitted to the California State
Mediation and Conciliation Service for disposition. The California
State Mediation and Conciliation Service shall promptly hold a public
hearing after due notice to all interested parties to determine the
unit appropriate for the purposes of collective bargaining. In making
that determination and in establishing rules and regulations
governing petitions and the conduct of hearings and elections, the
California State Mediation and Conciliation Service shall be guided
by relevant federal law and administrative practice, developed under
the Labor-Management Relations Act of 1947 (29 U.S.C. Sec. 141 et
seq.).
(2) The California State Mediation and Conciliation Service shall
provide for an election to determine the question of representation
and shall certify the results to the parties. A certification of a
labor organization to represent or act for the employees in any
collective bargaining unit shall not be subject to challenge on the
grounds that a new substantial question of representation within the
collective bargaining unit exists until the lapse of one year from
the date of certification or the expiration of any collective
bargaining agreement, whichever is later. However, no collective
bargaining agreement shall be construed to be a bar to representation
proceedings for a period of more than two years.
(g) If the district acquires existing facilities from a publicly
or privately owned public utility, either in proceedings by eminent
domain or otherwise, the district shall assume and observe all
existing labor contracts.
(1) To the extent necessary for operation of facilities, all of
the employees of the acquired public utility whose duties pertain to
the facilities acquired shall be appointed to comparable positions in
the district without examination, subject to all the rights and
benefits of this act. Those employees shall be given sick leave,
seniority, vacation, and pension credits in accordance with the
records and labor agreements of the acquired public utility.
(2) Members and beneficiaries of any pension or retirement system,
or other benefits established by the public utility, shall continue
to have the rights, privileges, benefits, obligations, and status
with respect to the established system. No employee of any acquired
public utility may be subject to a reduction in wages, seniority,
pension, vacation, or other benefits as a result of the acquisition.
(3) The district may extend the benefits of this section to
officers or supervisory employees of the acquired utility.
(h) The district shall not do any of the following:
(1) Acquire any existing system or part of an existing system,
whether by purchase, lease, condemnation, or otherwise.
(2) Dispose of or lease any transit system or part of the transit
system.
(3) Merge, consolidate, or coordinate any transit system or part
of the transit system.
(4) Reduce or limit the lines or service of any existing system or
of the district's system unless the district has first made adequate
provision for any employees who are or may be displaced. The terms
and conditions of that provision shall be a proper subject of
collective bargaining.
(i) Notwithstanding any provision of the Government Code, the
district may make deductions from the wages and salaries of its
employees who authorize the deductions for the following purposes:
(1) Pursuant to a collective bargaining agreement with a duly
designated or certified labor organization, for the payment of union
dues, fees, or assessments.
(2) For the payment of contributions pursuant to any health and
welfare plan, or pension or retirement plan.
(3) For any purpose for which employees of any private employer
may authorize deductions.
(j) (1) The obligation of the district to bargain in good faith
with a duly designated or certified labor organization and to execute
a written collective bargaining agreement with that labor
organization covering the wages, hours, and working conditions of the
employees represented by that labor organization in an appropriate
unit, and to comply with the terms of the collective bargaining
agreement, shall not be limited or restricted by any provision of
law. The obligation of the district to bargain collectively shall
extend to all subjects of collective bargaining that are or may be
proper subjects of collective bargaining with a private employer,
including retroactive provisions.
(2) Notwithstanding any other provision of law, the district shall
make deductions from the wages and salaries of its employees, upon
receipt of authorization to make those deductions, for the payment of
union dues, fees, or assessments, for the payment of contributions
pursuant to any health and welfare plan or pension plan, or for any
other purpose for which employees of any private employer may
authorize deductions, where those deductions are pursuant to a
collective bargaining agreement with a duly designated or certified
labor organization.
(k) The district may provide for a retirement system, provided
that the adoption, terms, and conditions of any retirement system
covering employees of the district represented by a labor
organization in accordance with this section shall be pursuant to a
collective bargaining agreement between the labor organization and
the district.
(l) The district shall take any steps that may be necessary to
obtain coverage for the district and its employees under Title II of
the Federal Social Security Act (42 U.S.C. Sec. 401 et seq.), and the
related provisions of the Federal Insurance Contributions Act (26
U.S.C. Sec. 3101 et seq.).
(m) The district shall take any steps that may be necessary to
obtain coverage for the district and its employees under the workers'
compensation (Division 4 (commencing with Section 3200) and Division
4.5 (commencing with Section 6100) of the Labor Code), unemployment
compensation disability (Part 2 (commencing with Section 2691) of
Division 1 of the Unemployment Insurance Code), and unemployment
insurance (Part 1 (commencing with Section 100) of Division 1 of the
Unemployment Insurance Code) laws of the State of California.
90260. The board shall appoint and fix the salary of a general
manager, who shall have full charge of the acquisition, construction,
maintenance and operation of the facilities of the district and also
of the administration of the business affairs of the district.
90261. All other things being equal, the board shall appoint as
general manager some person who has had experience in the
construction or management of transit facilities.
90262. The general manager need not be a resident of this state at
the time of his appointment.
90263. The general manager shall hold office for an indefinite term
and may be removed by the board only upon the adoption of a
resolution by the affirmative vote of not less than a majority of the
board. Before the general manager may be removed, he shall, if he
demands it, be given a written statement of the reasons alleged for
his removal and he shall have the right to be publicly heard thereon
at a meeting of the board prior to the final vote on the resolution
providing for his removal, but pending and during such hearing the
board may suspend him from office. The board may not reduce the
salary of the general manager below the amount fixed at the time of
his original appointment except upon the adoption of a resolution by
a like vote and after a like opportunity to be heard. The action of
the board in suspending or removing the general manager or reducing
his salary, if approved by a majority of the membership of the board
is final.
90264. Notwithstanding this article, until such time as the
district has operated, controlled, or used facilities or parts of
facilities for providing the inhabitants within the boundaries of the
district with transit service for a period of six months, the board
may, but is not required to, appoint a general manager. A general
manager appointed during such time holds office at the pleasure of
the majority of the board.
90265. The board shall appoint a secretary and an attorney, who
shall hold office during the pleasure of the board.
90266. The attorney shall be admitted to practice law in the
Supreme Court of the state, and shall have been actively engaged in
the practice of his profession for not less than five years next
preceding his appointment.
90267. The secretary and such assistants as the board may
determine, and shall have the power to administer all oaths or
affirmations required by this act, including the oath of office.
90268. The board may consolidate any of the district offices in one
person.
90269. The oath of all appointive officers of the district shall be
taken, subscribed, and filed with the secretary of the district at
any time after the officer has notice of his appointment but not
later than 15 days after the commencement of his term of office. No
other filing is required.
90270. Each appointive officer shall give such bond and in such
amount as the board may require.
90271. Subject to the control of the board, the powers and duties
of the general manager are:
(a) To have full charge of the acquisition, construction,
maintenance, and operation of the facilities of the district.
(b) To have full charge of the administration of the business
affairs of the district.
(c) To see that all ordinances of the district are enforced.
(d) To administer the personnel system and collective bargaining
agreements adopted by the board and except for officers appointed by
the board to appoint, discipline or remove all officers and employees
subject to the rules and regulations adopted by the board and the
applicable provisions of this part or the terms and conditions
contained in any applicable collective bargaining agreement.
(e) To attend all meetings of the board and submit a general
report of the affairs of the district.
(f) To keep the board advised as to the needs of the district.
(g) To prepare or cause to be prepared all plans and
specifications for the construction of the works of the district.
(h) To devote his entire time to the business of the district.
(i) To perform such other and additional duties as the board may
require.
90272. The general manager shall within 90 days from the end of
each fiscal year cause to be published a financial report showing the
result of the operations for the preceding fiscal year and the
financial status of the district on the last day thereof. The
publication shall be made in the manner provided in this division for
the publication of ordinances and notices generally.
90273. The attorney shall take charge of all suits and other legal
matters to which the district is a party or in which it is legally
interested. He shall give his advice or opinion in writing whenever
required by the board. He shall be the legal advisor of the general
manager and other district officers and shall prepare or approve the
forms of all ordinances, resolutions, contracts, bonds, and other
legal documents connected with the business of the district. He shall
perform such other and additional services as the board may require.
90274. The general manager shall provide for the custody of the
funds of the district and the keeping of accounts of all receipts and
disbursements. Payments shall be made only upon warrants duly and
regularly signed by the president or vice president of the board, or
other person authorized by the board so to do, and by the general
manager or secretary.
90275. With the consent of the board, the general manager may:
(a) Authorize the trust department of any state or national bank
in this state or a trust company authorized to act as such in this
state, to receive as his agent deposits of any securities acquired by
the district.
(b) Place and maintain for safekeeping as a trust deposit with the
trust department of any state or national banks in this state, or a
trust company authorized to act as such in this state, any securities
owned by the district.
The bank or trust company selected shall have a total paid-in
capital of at least one million dollars ($1,000,000). The general
manager shall take from the trust department or trust company a
receipt for the securities, and neither the general manager nor the
district is responsible for the custody and safe return of the
securities until they are withdrawn from the trust department or
trust company by the general manager. Any trust department or trust
company to which securities are delivered, either as agent or
depository for the general manager, shall make such disposition of
the securities as the general manager directs and is responsible only
for strict compliance with written instructions given to it by the
general manager. All such securities are at all times subject to the
order of the general manager.
90300. (a) Employees have the right to self-organize, 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. It is declared to be in the public
interest that the district not express any preference for one union
over another.
(1) (A) Notwithstanding any other provision of this act, if a
majority of the employees employed by a district in a unit
appropriate for collective bargaining indicate a desire to be
represented by a labor organization, then the district, after
determining pursuant to subdivision (f) that the labor organization
represents the employees in the appropriate unit, shall enter into a
written contract with the accredited representative of those
employees governing wages, salaries, hours, and working conditions.
(B) (i) If a dispute arises over wages, salaries, hours, or
working conditions that is not resolved by negotiations conducted in
good faith between the district and the labor organization, then upon
the request of either party, the district and the labor organization
may submit the dispute to an arbitration board. The decision of a
majority of the arbitration board shall be final.
(ii) The arbitration board shall be composed of two
representatives of the district, two representatives of the labor
organization, and a fifth member to be agreed upon by the
representatives of the district and labor organization.
(iii) If the representatives of the district and labor
organization are unable to agree on the fifth member, then the names
of five persons experienced in labor arbitration shall be obtained
from the California State Mediation and Conciliation Service within
the Department of Industrial Relations. The labor organization and
the district shall, alternately, strike a name from the list supplied
by the California State Mediation and Conciliation Service. The
labor organization and the district shall determine by lot who shall
first strike a name from the list. After the labor organization and
the district have stricken four names, the name remaining shall be
designated as the arbitrator. The decision of a majority of the
arbitration board shall be final and binding upon the parties.
(iv) The expenses of arbitration shall be borne equally by the
parties. Each party shall bear the party's own costs.
(b) If the board and the representatives of the employees do not
agree to submit the dispute to an arbitration board as provided in
subdivision (a), either party may notify the California State
Mediation and Conciliation Service that a dispute exists and that
there is no agreement to arbitrate. The California State Mediation
and Conciliation Service shall determine whether or not the dispute
can be resolved by the parties and, if not, the issues that are the
subject of the dispute. After making its determination, the service
shall certify its findings to the Governor who shall, within 10 days
of receipt of certification, appoint a factfinding commission
consisting of three persons. The factfinding commission shall
immediately convene and investigate the issues involved in the
dispute. The commission shall report to the Governor within 30 days
of the date of its creation.
(c) After the creation of the commission and for 30 days after the
date the commission made its report to the Governor, the parties to
the controversy shall not make any change, except by mutual
agreement, in the conditions out of which the dispute arose. Service
to the public shall be provided during that time.
(d) A contract or agreement shall not be made, or assumed, with
any labor organization, association, group, or individual that denies
membership to, or in any manner discriminates against, any employee
on any basis listed in subdivision (a) of Section 12940 of the
Government Code, as those bases are defined in Sections 12926 and
12926.1 of the Government Code. However, the organization may
preclude from membership any individual who advocates the overthrow
of the government by force or violence.
(e) The district shall not discriminate with regard to employment
against any person on any basis listed in subdivision (a) of Section
12940 of the Government Code, as those bases are defined in Sections
12926 and 12926.1 of the Government Code, except as otherwise
provided in Section 12940 of the Government Code.
(f) (1) Any questions regarding whether a labor organization
represents a majority of employees or whether the proposed unit is or
is not appropriate, shall be submitted to the California State
Mediation and Conciliation Service for disposition. The California
State Mediation and Conciliation Service shall promptly hold a public
hearing after due notice to all interested parties to determine the
unit appropriate for the purposes of collective bargaining. In making
that determination and in establishing rules and regulations
governing petitions and the conduct of hearings and elections, the
California State Mediation and Conciliation Service shall be guided
by relevant federal law and administrative practice, developed under
the Labor-Management Relations Act of 1947 (29 U.S.C. Sec. 141 et
seq.).
(2) The California State Mediation and Conciliation Service shall
provide for an election to determine the question of representation
and shall certify the results to the parties. A certification of a
labor organization to represent or act for the employees in any
collective bargaining unit shall not be subject to challenge on the
grounds that a new substantial question of representation within the
collective bargaining unit exists until the lapse of one year from
the date of certification or the expiration of any collective
bargaining agreement, whichever is later. However, no collective
bargaining agreement shall be construed to be a bar to representation
proceedings for a period of more than two years.
(g) If the district acquires existing facilities from a publicly
or privately owned public utility, either in proceedings by eminent
domain or otherwise, the district shall assume and observe all
existing labor contracts.
(1) To the extent necessary for operation of facilities, all of
the employees of the acquired public utility whose duties pertain to
the facilities acquired shall be appointed to comparable positions in
the district without examination, subject to all the rights and
benefits of this act. Those employees shall be given sick leave,
seniority, vacation, and pension credits in accordance with the
records and labor agreements of the acquired public utility.
(2) Members and beneficiaries of any pension or retirement system,
or other benefits established by the public utility, shall continue
to have the rights, privileges, benefits, obligations, and status
with respect to the established system. No employee of any acquired
public utility may be subject to a reduction in wages, seniority,
pension, vacation, or other benefits as a result of the acquisition.
(3) The district may extend the benefits of this section to
officers or supervisory employees of the acquired utility.
(h) The district shall not do any of the following:
(1) Acquire any existing system or part of an existing system,
whether by purchase, lease, condemnation, or otherwise.
(2) Dispose of or lease any transit system or part of the transit
system.
(3) Merge, consolidate, or coordinate any transit system or part
of the transit system.
(4) Reduce or limit the lines or service of any existing system or
of the district's system unless the district has first made adequate
provision for any employees who are or may be displaced. The terms
and conditions of that provision shall be a proper subject of
collective bargaining.
(i) Notwithstanding any provision of the Government Code, the
district may make deductions from the wages and salaries of its
employees who authorize the deductions for the following purposes:
(1) Pursuant to a collective bargaining agreement with a duly
designated or certified labor organization, for the payment of union
dues, fees, or assessments.
(2) For the payment of contributions pursuant to any health and
welfare plan, or pension or retirement plan.
(3) For any purpose for which employees of any private employer
may authorize deductions.
(j) (1) The obligation of the district to bargain in good faith
with a duly designated or certified labor organization and to execute
a written collective bargaining agreement with that labor
organization covering the wages, hours, and working conditions of the
employees represented by that labor organization in an appropriate
unit, and to comply with the terms of the collective bargaining
agreement, shall not be limited or restricted by any provision of
law. The obligation of the district to bargain collectively shall
extend to all subjects of collective bargaining that are or may be
proper subjects of collective bargaining with a private employer,
including retroactive provisions.
(2) Notwithstanding any other provision of law, the district shall
make deductions from the wages and salaries of its employees, upon
receipt of authorization to make those deductions, for the payment of
union dues, fees, or assessments, for the payment of contributions
pursuant to any health and welfare plan or pension plan, or for any
other purpose for which employees of any private employer may
authorize deductions, where those deductions are pursuant to a
collective bargaining agreement with a duly designated or certified
labor organization.
(k) The district may provide for a retirement system, provided
that the adoption, terms, and conditions of any retirement system
covering employees of the district represented by a labor
organization in accordance with this section shall be pursuant to a
collective bargaining agreement between the labor organization and
the district.
(l) The district shall take any steps that may be necessary to
obtain coverage for the district and its employees under Title II of
the Federal Social Security Act (42 U.S.C. Sec. 401 et seq.), and the
related provisions of the Federal Insurance Contributions Act (26
U.S.C. Sec. 3101 et seq.).
(m) The district shall take any steps that may be necessary to
obtain coverage for the district and its employees under the workers'
compensation (Division 4 (commencing with Section 3200) and Division
4.5 (commencing with Section 6100) of the Labor Code), unemployment
compensation disability (Part 2 (commencing with Section 2691) of
Division 1 of the Unemployment Insurance Code), and unemployment
insurance (Part 1 (commencing with Section 100) of Division 1 of the
Unemployment Insurance Code) laws of the State of California.
