SECTIONS 95650-95656

95650.  (a) If a majority of the employees employed by a transitdistrict in a unit appropriate for collective bargaining indicate adesire to be represented by a labor organization, then the boardafter determining pursuant to Section 95651 that the labororganization represents the employees in the appropriate unit, shallbargain with the accredited representative of those employees. Bothparties shall bargain in good faith and make all reasonable effortsto reach agreement on the terms of a written contract governingwages, 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 the board and therepresentatives of the employees shall submit the dispute to anarbitration board. The decision of a majority of the arbitrationboard shall be final. (2) (A) The arbitration board shall be composed of tworepresentatives of the transit board, two representatives of thelabor organization, and a fifth member to be agreed upon by therepresentatives of the transit board and labor organization. If therepresentatives of the transit board and labor organization areunable to agree on the fifth member, then the names of five personsexperienced in labor arbitration shall be obtained from theCalifornia State Mediation and Conciliation Service within theDepartment of Industrial Relations. (B) The labor organization and the district shall, alternately,strike a name from the list supplied by the California StateMediation and Conciliation Service. The labor organization and thedistrict shall determine by lot who shall first strike a name fromthe list. After the labor organization and the district have strickenfour names, the name remaining shall be designated as thearbitrator. (C) The transit board and labor organization shall each pay halfof the cost of the impartial arbitrator. (c) 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. (d) 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.95651.  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 ground that a new substantial question ofrepresentation 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.95652.  Whenever any 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. The provisions of this section shall apply only to those officersor supervisory employees of the acquired utility as shall bedesignated by the board.95653.  Whenever any 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. Whenever any such facilities are acquired by the district, theboard shall consider and take into account the outstandingobligations and liabilities of the publicly or privately owned publicutility by reason of such pension plan and shall negotiate anallowance in the purchase price of such utility for the assumption ofsuch obligations and liabilities when acquiring the facilities.95654.  The persons entitled to pension benefits as provided for inSection 95653 and the benefits which are provided shall be specifiedin the agreement or order by which any public utility is acquired bythe district.95655.  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.95656.  Notwithstanding any provisions of the Government Code, theboard may authorize payment of any or all of the premiums on anygroup life, accident and health insurance, health and welfare plan,or pension or retirement plan, on officers or employees of thedistrict. Upon authorization by its employees, the district may makedeductions from the wages and salaries of its employees: (a) Pursuant to collective bargaining agreement with a dulydesignated or certified labor organization for the payment of uniondues, fees, or assessments. (b) For the payment of contributions pursuant to any health andwelfare, pension, or retirement plan. (c) For any purpose for which deductions may be authorized byemployees of any private employer.