(a) If a majority of the employees employed by the district in a unit appropriate for collective bargaining indicate a desire to be represented by an employee organization, the board, after determining pursuant to Section 28851 that the employee organization represents the employees in the appropriate unit, shall bargain with the exclusive representative of those employees. Both parties shall bargain in good faith and make all reasonable efforts to reach agreement 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 contract governing wages, salaries, hours, or working conditions that is not resolved by negotiations conducted in good faith between the board and the exclusive representative, then upon the agreement of both parties, the board and the exclusive representative may submit the dispute to an arbitration board. The decision of a majority of the arbitration board shall be final.

Terms Used In California Public Utilities Code 28850

  • Contract: A legal written agreement that becomes binding when signed.
  • District: means the San Francisco Bay Area Rapid Transit District, including all operations and extensions of its transportation system, regardless of modality or vehicle type, and excluding all temporary bus lines. See California Public Utilities Code 28848
  • Employee organization: means an organization that includes employees of the district that has as one of its primary purposes representing those employees in their relations with the district. See California Public Utilities Code 28848
  • Exclusive representative: means an accredited employee organization recognized or certified as the exclusive negotiating representative of employees in an appropriate unit within the district. See California Public Utilities Code 28848
  • State: means the State of California, unless applied to the different parts of the United States. See California Public Utilities Code 17
  • Subdivision: means a subdivision of the section in which that term occurs unless some other section is expressly mentioned. See California Public Utilities Code 10

(2) (A) The arbitration board shall be composed of two representatives of the district, two representatives of the exclusive representative, and a fifth member to be agreed upon by the representatives of the district and the exclusive representative.

(B) If the representatives of the district and the exclusive representative 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. The exclusive representative and the district shall, alternately, strike a name from the list supplied by the California State Mediation and Conciliation Service. The exclusive representative and the district shall determine by lot who shall first strike a name from the list. After the exclusive representative and the district have stricken four names, the name remaining shall be designated as the arbitrator.

(C) The district and the exclusive representative shall each pay one-half of the cost of the impartial arbitrator.

(b) A contract or agreement shall not be made with any exclusive representative, employee organization, association, group, or individual that denies membership on any basis listed in subdivision (a) of § 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.

(c) The district shall not discriminate with regard to employment against any person on any basis listed in subdivision (a) of § 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 § 12940 of the Government Code.

(Amended by Stats. 2020, Ch. 293, Sec. 3. (AB 2850) Effective January 1, 2021.)

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