It is unlawful for the district to do any of the following:

(a) Impose or threaten to impose reprisals on employees, to discriminate or threaten to discriminate against employees, or otherwise to interfere with, restrain, or coerce employees because of their exercise of rights guaranteed to them by this chapter. As used in this subdivision, “employee” includes an applicant for employment or reemployment with the district.

Terms Used In California Public Utilities Code 28858

  • 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
  • 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

(b) Deny employee organizations rights guaranteed to them by this chapter.

(c) Refuse or fail to meet and negotiate in good faith with an exclusive representative. Knowingly providing an exclusive representative with inaccurate information, whether or not it is in response to a request for information, constitutes a refusal or failure of the district to meet and negotiate in good faith with the exclusive representative.

(d) Dominate or interfere with the formation or administration of any employee organization, or contribute financial or other support to it, or in any way encourage employees to join any employee organization in preference to another.

(e) Refuse to participate in good faith in mutually agreed upon impasse procedures.

(Added by Stats. 2020, Ch. 293, Sec. 7. (AB 2850) Effective January 1, 2021.)

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