BILL NUMBER: AB 2900 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 1, 2004
INTRODUCED BY Assembly Member Laird
(Coauthors: Assembly Members Dymally, Goldberg, Hancock,
Kehoe, Leno, Lieber, Longville, and Nation)
(Coauthor: Senator Kuehl)
FEBRUARY 20, 2004
An act to amend Sections 44100, 44101, 44858, 45293, 69958,
87100, and 88112 of the Education Code, to amend Sections 19572,
19572.1, 19702, 19704, and 19793 of the Government Code, to amend
Sections 1156.3, 1735, 1777.6, and 3095 of the Labor Code, to amend
Section 130 of the Military and Veterans Code, to amend Sections
25051, 28850, 30750, 50120, 70121, 90300, 95650, 98161, 100303,
101343, 102402, 103403, 120504, and 125523 of the Public Utilities
Code, to amend Section 1256.2 of the Unemployment Insurance Code, and
to amend Sections 11320.31, 11322.62, and 14087.28 of the Welfare
and Institutions Code, relating to employment discrimination.
LEGISLATIVE COUNSEL'S DIGEST
AB 2900, as amended, Laird. Employment: discrimination.
Under existing law, it is unlawful to engage in specified
discriminatory employment practices, including hiring, promotion,
and termination, on the basis of
Various provisions of existing law prohibit discrimination in
employment on different bases, including the race, color, sex,
religion, and marital status of a person.
This bill would amend those provisions to instead prohibit
discrimination on the same bases as in the Fair Employment and
Housing Act. Those bases are race, religious creed, color,
national origin, ancestry, physical disability, mental disability,
medical condition, marital status, sex, age, or sexual orientation.
This bill would state the intent of the Legislature to enact
legislation to address employment discrimination issues.
Because existing law makes a violation of certain of those
nondiscrimination provisions a misdemeanor, this bill, by expanding
the bases on which discrimination is prohibited, would impose a
state-mandated local program.
This bill would also make technical, nonsubstantive changes to
those provisions.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee:
no yes . State-mandated local program:
no yes .
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. It is the intent of the Legislature to enact
legislation to address employment discrimination issues.
SECTION 1. Section 44100 of the Education Code is amended to read:
44100. (a) The Legislature finds and declares
that the following :
(a)
(1) Generally, California school districts employ a
disproportionately low number of racial and ethnic minority
classified and certificated employees and a disproportionately low
number of women and members of racial and ethnic minorities in
administrative positions.
(b)
(2) It is educationally sound for the minority student
attending a racially impacted school to have available to him or
her the positive image provided by minority classified and
certificated employees. It is likewise educationally sound for the
child from the majority group to have positive experiences with
minority people which , that can be
provided, in part, by having minority classified and certificated
employees at schools where the enrollment is largely made up of
majority group students. It is also educationally important for
students to observe that women as well as men can assume responsible
and diverse roles in society.
(c)
(3) Past employment practices created artificial barriers
and past efforts to promote additional action in the recruitment,
employment, and promotion of women and minorities have not
resulted did not result in a substantial
increase in employment opportunities for these persons.
(d)
(4) Lessons concerning democratic principles and the
richness which that racial diversity
brings to our national heritage can be best taught by the
presence of staffs composed of mixed races and
ethnic groups working toward a common goal.
(b) It is the intent of the Legislature to
establish do all of the following:
(1) Establish and maintain a policy of equal opportunity in
employment for all persons and to prohibit .
(2) Prohibit discrimination based on race, sex,
color, religion, age, disability, ancestry, or national origin
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, in every
aspect of personnel policy and practice in the employment,
development, advancement, and treatment of persons employed in the
public school system , and to promote .
(3) Promote the total realization of equal employment
opportunity through a continuing affirmative action employment
program.
(c) The Legislature recognizes that it is not enough to
proclaim that public employers do not discriminate in employment
, but that effort must also be made to build a community in
which opportunity is equalized. It is the intent of the Legislature
to require educational agencies to adopt and implement plans for
increasing the numbers of women and minority persons at all levels of
responsibility.
SEC. 2. Section 44101 of the Education Code is amended to read:
44101. For the purposes of this article the following
definitions apply :
(a) (1) "Affirmative action employment program" means
planned activities designed to seek, hire, and promote persons who
are underrepresented in the work force compared to their
number numbers in the population, including
individuals with disabilities, women, and persons of minority racial
and ethnic backgrounds. It is a conscious, deliberate step taken by
a hiring authority to assure equal employment opportunity for all
staff, both certificated and classified. Such
These programs require the employer to make additional
efforts to recruit, employ, and promote members of groups formerly
excluded at the various levels of responsibility who are qualified or
may become qualified through appropriate training or experience
within a reasonable length of time. Such
These programs should be designed to remedy the exclusion,
whatever its cause.
(2) Affirmative action requires imaginative, energetic, and
sustained action by each employer to devise recruiting, training, and
career advancement opportunities which that
will result in an equitable representation of women and
minorities in relation to all employees of the employer.
(b) "Disability," means (1) a physical or mental
impairment that substantially limits one or more of the major life
activities of the individual, (2) a record of such an impairment, or
(3) being regarded as having such an impairment.
(c) "Goals and timetables" means projected new levels of
employment of women and minority racial and ethnic groups to be
attained on an annual schedule, given the expected turnover in the
work force and the availability of persons who are qualified or may
become qualified through appropriate training or experience within a
reasonable length of time. Goals are not quotas or rigid
proportions. They should relate both to the qualitative and
quantitative needs of the employer.
(d)
(c) "Public education agency" means the Department of
Education, each office of the county superintendent of schools, and
the governing board of each school district in California.
SEC. 3. Section 44858 of the Education Code is amended to read:
44858. The Legislature hereby declares that it is contrary to the
interest of this state and of the people thereof
of the state for any governing board or any person charged
by the governing board of any school district with the
responsibility of interviewing and recommending persons for
employment in positions requiring certification , to fail
or refuse to do so for reason of the age or marital status
of any applicant for such employment interview or
recommend a person applying for employment in a position requiring
certification 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 this code and in Section 12940 of the Government
Code .
SEC. 4. Section 45293 of the Education Code is amended to read:
45293. No questions relating to political or religious opinions
or affiliations, race, color, national origin or ancestry,
sex, or marital status or relating to 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, shall be asked of any applicant, or any candidate whose
name has been certified for appointment, nor shall any discrimination
be exercised therefor , except as otherwise provided in Section
12940 of the Government Code .
SEC. 5. Section 69958 of the Education Code is amended to read:
69958. (a) Potential work-study positions may be located by the
institution or by eligible students in cooperation with the
institution. Each position located shall be critically reviewed by
the appropriate student financial aid and experiential education
personnel to determine whether it satisfies all the conditions
specified in Section 69960. To assist the institution in assessing
the position, the employer shall submit a written statement to the
institution which that provides all of
the following information:
(1) The total number of positions available.
(2) A job description of each available position, including the
suggested rate of pay.
(3) The skills required of the prospective work-study employee.
(4) The educational benefits provided by the position.
(b) Once the institution has approved the work-study position, the
employer and the institution, acting as the authorized agent of the
Student Aid Commission, shall execute a written agreement
which that confirms the employer's eligibility
to participate in the program and its willingness to comply with all
program requirements, and specifies the responsibilities of each of
the parties. The agreement shall be subject to annual renewal by
mutual agreement of the institution and the employer.
(c) Following execution of the agreement pursuant to subdivision
(b), the employer may interview prospective work-study employees.
The institution shall provide the employer and each applicant for the
work-study position with adequate information to facilitate a proper
placement. Provided that the priorities specified in Section 69959
have been met, the employer may indicate his or her hiring
preferences. No An employer shall
not discriminate between applicants on the basis of
race, color, sex, religion, or national origin 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 , or subject any applicant to any other
discriminatory practices prohibited by state or federal law.
SEC. 6. Section 87100 of the Education Code is amended to read:
87100. (a) The Legislature finds and declares all of
the following:
(a)
(1) In fulfilling its mission within California's system of
public higher education, the California Community Colleges are
committed to academic excellence and to providing all students with
the opportunity to succeed in their chosen educational pursuits.
(b)
(2) Academic excellence can best be sustained in a climate
of acceptance and with the inclusion of persons from a wide variety
of backgrounds and preparations to provide service to an increasingly
diverse student population.
(c)
(3) A workforce that is continually responsive to the needs
of a diverse student population may be achieved by ensuring that all
persons receive an equal opportunity to compete for employment and
promotion within the community college districts and by eliminating
barriers to equal employment opportunity.
(d)
(b) It is the intent of the Legislature to establish and
maintain , within the California Community College
districts , a policy of equal opportunity in
employment for all persons, and to prohibit discrimination or
preferential treatment based on ethnic group identification,
race, color, national origin, religion, age, gender, disability,
ancestry, or sexual orientation or 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 . Every aspect of personnel policy and practice in the
community college districts should advance the realization of
inclusion through a continuing program of equal employment
opportunity.
(e)
(c) The Legislature recognizes that it is not enough to
proclaim that community college districts must not discriminate and
must not grant preferential treatment on impermissible bases. The
Legislature declares that efforts must also be made to build a
community in which nondiscrimination and equal opportunity are
realized. It is the intent of the Legislature to require community
college districts to adopt and implement programs and plans for
ensuring equal employment opportunity in their employment practices.
SEC. 7. Section 88112 of the Education Code is amended to read:
88112. No questions relating to political or religious opinions
or affiliations, race, color, national origin or ancestry,
sex, or marital status or 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, shall be asked of any applicant, or any candidate whose
name has been certified for appointment, nor shall any discrimination
be exercised therefor , except as otherwise provided in Section
12940 of the Government Code .
SEC. 8. Section 19572 of the Government Code is amended to read:
19572. Each of the following constitutes cause for discipline of
an employee, or of a person whose name appears on any
employment list:
(a) Fraud in securing appointment.
(b) Incompetency.
(c) Inefficiency.
(d) Inexcusable neglect of duty.
(e) Insubordination.
(f) Dishonesty.
(g) Drunkenness on duty.
(h) Intemperance.
(i) Addiction to the use of controlled substances.
(j) Inexcusable absence without leave.
(k) Conviction of a felony or conviction of a misdemeanor
involving moral turpitude. A plea or verdict of guilty, or a
conviction following a plea of nolo contendere, to a charge of a
felony or any offense involving moral turpitude is deemed to be a
conviction within the meaning of this section.
(l) Immorality.
(m) Discourteous treatment of the public or other employees.
(n) Improper political activity.
(o) Willful disobedience.
(p) Misuse of state property.
(q) Violation of this part or of a board rule.
(r) Violation of the prohibitions set forth in accordance with
Section 19990.
(s) Refusal to take and subscribe any oath or affirmation
which that is required by law in connection with
the employment.
(t) Other failure of good behavior either during or outside of
duty hours , which is of such a nature that it causes
discredit to the appointing authority or the person's employment.
(u) Any negligence, recklessness, or intentional act
which that results in the death of a patient of a
state hospital serving the mentally disabled or the developmentally
disabled.
(v) The use during duty hours, for training or target practice, of
any material which that is not
authorized therefor for that use by the
appointing power.
(w) Unlawful discrimination, including harassment, on the
basis of race, religious creed, color, national origin, ancestry,
disability, marital status, sex, or age any basis
listed in subdivision (a) of Section 12940, as those bases are
defined in Sections 12926 and 12926.1, except as otherwise provided
in Section 12940 , against the public or other employees while
acting in the capacity of a state employee.
(x) Unlawful retaliation against any other state officer or
employee or member of the public who in good faith reports,
discloses, divulges, or otherwise brings to the attention of, the
Attorney General , or any other appropriate
authority, any facts or information relative to actual or suspected
violation of any law of this state or the United States occurring on
the job or directly related thereto to the
job .
SEC. 9. Section 19572.1 of the Government Code is amended to read:
19572.1. (a) Notwithstanding Section 19572, this section shall
apply to state employees in State Bargaining Unit 8.
(b) Disciplinary actions pursuant to Section 19576.5 shall be for
just cause or one or more of the following causes for discipline:
(1) Fraud in securing appointment.
(2) Incompetency.
(3) Inefficiency.
(4) Inexcusable neglect of duty.
(5) Insubordination.
(6) Dishonesty.
(7) Drunkenness on duty.
(8) Intemperance.
(9) Addiction to the use of controlled substances.
(10) Inexcusable absence without leave.
(11) Conviction of a felony or conviction of a misdemeanor
involving moral turpitude. A plea or verdict of guilty, or a
conviction following a plea of nolo contendere, to a charge of a
felony of any offense involving moral turpitude is deemed to be a
conviction within the meaning of this section.
(12) Immorality.
(13) Discourteous treatment of the public or other employees.
(14) Improper political activity.
(15) Willful disobedience.
(16) Misuse of state property.
(17) Violation of this part or of a board rule.
(18) Violation of the prohibitions set forth in accordance with
Section 19990.
(19) Refusal to take and subscribe any oath or affirmation that is
required by law in connection with the employment.
(20) Other failure of good behavior either during or outside of
duty hours that is of such a nature that it causes discredit to the
appointing authority of the person's employment.
(21) Any negligence, recklessness, or intentional act that results
in the death of a patient of a state hospital serving the mentally
disabled or the developmentally disabled.
(22) The use during duty hours, for training or target practice,
of any material that is not authorized therefor
for that use by the appointing power.
(23) Unlawful discrimination, including harassment, on
the basis of race, religious creed, color, national origin, ancestry,
disability, marital status, sex, or age any basis
listed in subdivision (a) of Section 12940, as those bases are
defined in Sections 12926 and 12926.1, except as otherwise provided
in Section 12940 , against the public or other employees while
acting in the capacity of a state employee.
(24) Unlawful retaliation against any other state officer or
employee or member of the public who in good faith reports,
discloses, divulges, or otherwise brings to the attention of, the
Attorney General , or any other appropriate
authority, any facts or information relative to actual or suspected
violation of any law of this state or the United States occurring on
the job or directly related thereto to the
job .
(c) If the provisions of this section are in conflict
with the provisions of a memorandum of understanding reached pursuant
to Section 3517.5, the memorandum of understanding shall be
controlling without further legislative action, except that if
those provisions any provision of
a that memorandum of understanding
require requires the expenditure of
funds, the that provision shall
not become effective unless
only if approved by the Legislature in the annual Budget
Act.
SEC. 10. Section 19702 of the Government Code is amended to read:
19702. (a) A person shall not be discriminated against under this
part because of sex, race, religious creed, color, national
origin, ancestry, marital status, physical disability, or mental
disability on any basis listed in subdivision (a) of
Section 12940, as those bases are defined in Sections 12926 and
12926.1, except as otherwise provided in Section 12940 . A
person shall not be retaliated against because he or she has opposed
any practice made an unlawful employment practice, or made a charge,
testified, assisted, or participated in any manner in an
investigation, proceeding, or hearing under this part. For
purposes of this article, "discrimination" includes harassment.
This subdivision is declaratory of existing law.
(b) As used in this section, the term "physical
disability" has the definition set forth in Section 12926, as that
section presently reads or as it subsequently may be amended.
(c) As used in this section, the term "mental disability" has the
definition set forth in Section 12926, as that section presently
reads or as it subsequently may be amended.
(d) Notwithstanding subdivisions (b) and (c), if the definition of
disability used in the federal Americans with Disabilities Act of
1990 (Public Law 101-336) would result in broader protection of the
civil rights of individuals with a mental disability or physical
disability, as defined in subdivision (b) or (c), then that broader
protection shall be deemed incorporated by reference into, and shall
prevail over conflicting provisions of, the definitions in
subdivisions (b) and (c). The definitions of subdivisions (b) and
(c) shall not be deemed to refer to or include conditions excluded
from the federal definition of "disability" pursuant to Section 511
of the federal Americans with Disabilities Act of 1990 (42 U.S.C.
Sec. 12211).
(e) For purposes of this article, "discrimination"
includes harassment.
(c) If the board finds that a person has engaged in
discrimination under this part, and it appears that this practice
consisted of acts described in Section 243.4, 261, 262, 286, 288,
288a, or 289 of the Penal Code, the board, with the consent of the
complainant, shall provide the local district attorney's office with
a copy of its the board's decision and
order.
(f) (1) If
(d) (1) Except as otherwise provided in paragraph (2), if
the board finds that discrimination has occurred in violation of this
part, the board shall issue and cause to be served on the appointing
authority an order requiring the appointing authority to cause the
discrimination to cease and desist and to take any action, including,
but not limited to, hiring, reinstatement, or upgrading of
employees, with or without backpay, and compensatory damages, which,
in the judgment of the board, will effectuate the purposes of this
part. Consistent with this authority, the board may establish rules
governing the award of compensatory damages. The order shall include
a requirement of reporting the manner of compliance.
(2) Notwithstanding paragraph (1), this paragraph shall
apply applies to state employees in State
Bargaining Unit 6 or 8. If the board finds that discrimination has
occurred in violation of this part, the board shall issue and cause
to be served on the appointing authority an order requiring the
appointing authority to cause the discrimination to cease and desist
and to take any action, including, but not limited to, hiring,
reinstatement, or upgrading of employees, with or without backpay,
adding additional seniority, and compensatory damages, which, in the
judgment of the board, will effectuate the purposes of this part.
Consistent with this authority, the board may establish rules
governing the award of compensatory damages. The order shall include
a requirement of reporting the manner of compliance.
(g)
(e) Any person claiming discrimination within the state
civil service may submit a written complaint that
shall be in writing and set forth states the
particulars of the alleged discrimination, the name of the appointing
authority, the persons alleged to have committed the unlawful
discrimination, and any other information that the board
may be required by the board require .
The complaint shall be filed with the appointing authority or, in
accordance with board rules, with the board itself.
(h)
(f) (1) Complaints shall be filed within one year of the
alleged unlawful discrimination or the refusal to act in accordance
with this section, except that this period may be extended for not
to exceed greater than 90 days
following the expiration of that year, if a person allegedly
aggrieved by unlawful discrimination first obtained knowledge of the
facts of the alleged unlawful discrimination after the expiration of
one year from the date of its occurrence. Complaints of
discrimination in adverse actions or rejections on probation shall be
filed in accordance with Sections 19175 and 19575.
(2) Notwithstanding paragraph (1), this paragraph shall apply only
to state employees in State Bargaining Unit 8. Complaints shall be
filed within one year of the alleged unlawful discrimination or the
refusal to act in accordance with this section, except that this
period may be extended for not to exceed
greater than 90 days following the expiration of that year, if
a person allegedly aggrieved by unlawful discrimination first
obtained knowledge of the facts of the alleged unlawful
discrimination after the expiration of one year from the date of its
occurrence. Complaints of discrimination in disciplinary actions
defined in Section 19576.5 shall be filed in accordance with that
section. Complaints of discrimination in all other disciplinary
actions shall be filed in accordance with Section 19575. Complaints
of discrimination in rejections on probation shall be filed in
accordance with Section 19175.3.
(i) (1) When
(g) If an employee of the appointing authority refuses, or
threatens to refuse, to cooperate in the investigation of a complaint
of discrimination, the appointing authority may seek assistance from
the board. The board may provide for direct investigation or
hearing of the complaint, the use of subpoenas, or any other action
which that will effect
effectuate the purposes of this section.
(2) This subdivision shall not apply to complaints of
discrimination filed in accordance with Section 19576.2.
(j)
(h) If a person demonstrates by a preponderance of evidence
that having opposed the person's opposition
to any practice made an unlawful employment practice under this
part, or having made a charge, testified, assisted, or
participated the person's charging, testifying,
assisting, or participation in any manner in an investigation,
proceeding, or hearing under this part , was a
contributing factor in any adverse employment action taken against
him or her, the burden of proof shall be on the supervisor, manager,
employee, or appointing power to demonstrate by clear and convincing
evidence that the alleged adverse employment action would have
occurred for legitimate, independent reasons even if the person had
not engaged in activities protected under this part. If the
supervisor, manager, employee, or appointing power fails to meet this
burden of proof in any administrative review, challenge, or
adjudication in which retaliation has been demonstrated to be a
contributing factor, the person shall have a complete affirmative
defense to the adverse employment action. As
(i) As used in this part, "adverse employment action"
includes promising to confer, or conferring , any benefit,
effecting, or threatening to effect, any reprisal, or taking, or
directing others to take, or recommending, processing, or approving,
any personnel action, including, but not limited to, appointment,
promotion, transfer, assignment, performance
evaluation, suspension, or other disciplinary
action.
SEC. 11. Section 19704 of the Government Code is amended to read:
19704. (a) It is unlawful to require, permit ,
or suffer any notation or entry to be made upon or in any
application, examination paper , or other paper, book,
document, or record used under this part indicating or in any
wise way suggesting or pertaining to
the race, color, religion, sex, or marital status of any
person. Notwithstanding the provisions of this section
any basis listed in subdivision (a) of Section 12940, as those
bases are defined in Sections 12926 and 12926.1.
(b) Notwithstanding subdivision (a) , subsequent to
employment, ethnic, marital status, and gender data may be obtained
and maintained for research and statistical purposes when safeguards
preventing misuse of the information exist as approved by the Fair
Employment and Housing Commission , except that in no
event shall any notation, entry, or record of such
that data be made on papers or records relating to the
examination, appointment, or promotion of an individual.
SEC. 12. Section 19793 of the Government Code is amended to read:
19793. By November 15 of each year , beginning in
1978, the State Personnel Board shall report to the Governor, the
Legislature, and the Department of Finance on a census of the state
workforce and any underutilization problems in a state agency or
department that may indicate failure to provide equal employment
opportunity to minorities, women, and persons with disabilities
during the past fiscal year. The report also shall include
information on laws that discriminate or have the effect of
discrimination on the basis of race, color, religion,
national origin, political affiliation, sex, age, or marital status
political affiliation or any basis listed in
subdivision (a) of Section 12940, as those bases are defined in
Sections 12926 and 12926.1 . The Legislature shall evaluate
the equal employment opportunity efforts of state agencies during its
evaluation of the Budget Bill.
SEC. 13. Section 1156.3 of the Labor Code is amended to read:
1156.3. (a) A petition which that
is either signed by, or accompanied by authorization cards signed by,
a majority of the currently employed employees in the bargaining
unit , may be filed by an agricultural employee or
group of agricultural employees, or any individual or labor
organization acting on behalf of those agricultural employees,
in accordance with such any rules and
regulations as may be prescribed by the board
, by an agricultural employee or group of agricultural
employees, or any individual or labor organization acting in their
behalf alleging . The petition shall allege all
of the following:
(1) That the number of agricultural employees currently employed
by the employer named in the petition, as determined from
his the employer's payroll immediately preceding
the filing of the petition, is not less than 50 percent of
his the employer's peak agricultural employment
for the current calendar year.
(2) That no valid election pursuant to this section has been
conducted among the agricultural employees of the employer named in
the petition within the 12 months immediately preceding the filing
thereof of the petition .
(3) That no labor organization is currently certified as the
exclusive collective-bargaining representative of the agricultural
employees of the employer named in the petition.
(4) That the petition is not barred by an existing
collective-bargaining agreement.
(b) Upon receipt of such a signed
petition , as described in subdivision (a) , the board
shall immediately investigate such the
petition , and, if it . If the board
has reasonable cause to believe that a bona fide question of
representation exists, it shall direct a representation election by
secret ballot to be held, upon due notice to all interested parties
and within a maximum of seven days of the filing of the petition. If
, at the time the election petition is filed ,
a majority of the employees in a bargaining unit are engaged in a
strike, the board shall, with all due diligence, attempt to hold a
secret ballot election within 48 hours of the filing of such
the petition. The holding of elections under
strike circumstances shall take precedence over the holding of other
secret ballot elections.
(c) The board shall make available at any election held
under this chapter ballots printed in English and Spanish.
The board may also make available at such the
election ballots printed in any other language as may be
requested by an agricultural labor organization ,
or any agricultural employee eligible to vote under this
part. Every election ballot, except ballots in runoff elections
where the choice is between labor organizations, shall provide the
employee with the opportunity to vote against representation by a
labor organization by providing an appropriate space designated "No
Labor Organizations".
(b) Organizations."
(d) Any other labor organization shall be qualified to
appear on the ballot if it presents authorization cards signed by at
least 20 percent of the employees in the bargaining unit at least 24
hours prior to the election.
(c)
(e) (1) Within five days after an election, any person may
file with the board a signed petition asserting that allegations made
in the petition filed pursuant to subdivision (a) were incorrect,
asserting that the board improperly determined the
geographical scope of the bargaining unit, or objecting to the
conduct of the election or conduct affecting the results of the
election.
(2) Upon receipt of a petition under this subdivision, the
board, upon due notice, shall conduct a hearing to determine whether
the election shall be certified. Such This
hearing may be conducted by an officer or employee of a
regional office of the board. He shall make no
recommendations with respect thereto. If the board The
officer may not make any recommendations with respect to the
certification of the election. The board may refuse to certify the
election if it finds, on the record of such
the hearing, that any of the assertions made in the
petition filed pursuant to this subdivision are correct, or
that the election was not conducted properly, or that
misconduct affecting the results of the election occurred
, the board may refuse to certify the election. Unless the
board . The board shall certify the election unless
it determines that there are sufficient grounds to refuse to do
so , it shall certify the election .
(d)
(f) If no petition is filed pursuant to subdivision
(c) (e) within five days of the election ,
the board shall certify the election.
(e)
(g) The board shall decertify a labor organization if
the either of the following occur:
(1) The Department of Fair Employment and Housing finds that the
labor organization engaged in discrimination 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.
(2) The United States Equal Employment Opportunity
Commission has found finds , pursuant
to Section 2000(e)(5) 2000e-5 of Title
42 of the United States Code, that the labor organization engaged in
discrimination on the basis of race, color, national origin,
religion, sex , or any other arbitrary or invidious
classification in violation of Subchapter VI of Chapter 21 of Title
42 of the United States Code during the period of such
the labor organization's present certification.
SEC. 14. Section 1735 of the Labor Code is amended to read:
1735. No discrimination shall be made A
contractor shall not discriminate in the employment of persons
upon public works because of the race, religious creed,
color, national origin, ancestry, physical disability, mental
disability, medical condition, marital status, or sex of such
persons, except as 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
, and every . Every contractor for
public works violating who violates
this section is subject to all the penalties imposed for a violation
of this chapter.
SEC. 15. Section 1777.6 of the Labor Code is amended to read:
1777.6. It shall be unlawful for an An
employer or a labor union to shall not
refuse to accept otherwise qualified employees as registered
apprentices on any public works , on the ground of the race,
religious creed, color, national origin, ancestry, sex, or age
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 provided
in Section 3077 , of such employee of this
code and Section 12940 of the Government Code .
SEC. 16. Section 3095 of the Labor Code is amended to read:
3095. Every person who willfully discriminates in any recruitment
or apprenticeship program on the basis of race, religious
creed, color, national origin, ancestry, or sex 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, is guilty of a misdemeanor punishable by a
fine of not more than one thousand dollars ($1,000) or by
imprisonment for not more than six months, or both.
SEC. 17. Section 130 of the Military and Veterans Code is amended
to read:
130. (a) Members of the militia of the state shall not
be segregated on the basis of race, national origin or
ancestry, or color, nor discriminated against on such basis
discriminated against in enlistments, promotions, or
commissions 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 .
(b) It is hereby declared to be the policy of the State of
California that there shall be equality of
treatment and opportunity for all members of the militia of the state
without regard to race, national origin or ancestry, or
color. Such 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. This policy
shall be put into effect in the militia by rules and regulations to
be issued by the Governor with due regard to the powers of the
federal government which that are, or
may be , be exercised over all the
militia of the state , and to the time required to
effectuate changes without impairing the efficiency or morale of the
militia with regard to positions requiring federal
recognition .
SEC. 18. Section 25051 of the Public Utilities Code is amended to
read:
25051. Whenever (a) If a majority
of the employees employed by said a
transit district in a unit appropriate for collective bargaining
indicate a desire to be represented by a labor organization, the
transit board, upon after
determining as provided in pursuant to
Section 25052 that said the labor
organization represents the employees in the appropriate unit,
and the accredited representative shall bargain
with the accredited 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. In case of
(1) If a dispute arises over the terms of a
written contract governing wages, salaries, hours , or
working conditions , which that is not
resolved by negotiations conducted in good faith between
the transit board and the representatives of the
employees, then upon the agreement of both parties
, the transit board and the representatives of the
employees may submit said the dispute
to the decision of the majority of an arbitration
board , and the . The decision of a
majority of such the arbitration board
shall be final.
(2) (A) The arbitration board shall be composed of two
representatives of the transit board, two representatives of the
labor organization, and they shall endeavor to agree upon the
selection of the fifth member. If they a fifth
member to be agreed upon by the representatives of the transit board
and labor organization.
(B) If the representatives of the transit board 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 Supervisor of
Conciliation of the Division of Conciliation,
California State Mediation and Conciliation Service within the
Department of Industrial Relations. The labor organization and the
transit district shall, alternately, strike a name from
the list so supplied, and supplied by the
California State Mediation and Conciliation Service. The labor
organization and the transit district shall determine by lot who
shall first strike a name from the list. After the labor
organization and the transit district have stricken four names,
the name remaining after the labor organization and the
district have stricken four names, shall be designated as
the arbitrator. The labor organization and the district
shall determine by lot who shall first strike from the list. The
expenses of such impartial arbitrator shall be provided half by the
transit board and half by the labor organization.
No
(C) The transit board and the labor organization shall each pay
half of the cost of the impartial arbitrator.
(b) A contract or agreement shall not be made
with any labor organization, association, group , or
individual where such organization, association, group or
individual that denies membership on
the grounds of race, creed or color, provided such 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.
(c) 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.
SEC. 19. Section 28850 of the Public Utilities Code is amended to
read:
28850. Whenever (a) If a majority
of the employees employed by the a
district in a unit appropriate for collective bargaining indicate a
desire to be represented by a labor organization, then the
board, upon after determining
as provided in pursuant to Section 28851 that
said the labor organization represents
the employees in the appropriate unit, and the accredited
representative shall bargain with the accredited
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.
In case of
(1) If a dispute arises over the terms of a
written contract governing wages, salaries, hours , or
working conditions , which that is not
resolved by negotiations conducted in good faith between
the board and the representatives of the employees, then
upon the agreement of both parties , the board and the
representatives of the employees may submit said
the dispute to the decision of the majority of
an arbitration board , and the .
The decision of a majority of such the
arbitration board shall be final.
(2) (A) The arbitration board shall be composed of two
representatives of the district and ,
two representatives of the labor organization, and they
shall endeavor to agree upon the selection of a fifth member. If
they a fifth member to be agreed upon by the
representatives of the district and the labor organization.
(B) If the representatives of the district and the 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 Supervisor of
Conciliation of the Division of Conciliation,
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 so
supplied , and 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 after the
labor organization and the district have stricken four names,
shall be designated as the arbitrator. The labor
organization and the district shall determine by lot who shall first
strike from the list. The expenses of such impartial arbitrator
shall be provided half by the district and half by the labor
organization.
No
(C) The transit board and the labor organization shall each pay
half of the cost of the impartial arbitrator.
(b) A contract or agreement shall not be made
with any labor organization, association, group , or
individual where such organization, association, group or
individual that denies membership on the
grounds of race, creed or color; provided, such 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.
(c) 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.
SEC. 20. Section 30750 of the Public Utilities Code is amended to
read:
30750. (a) Subject to the provisions of
subdivision (b) of this section, whenever ,
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 board,
upon after determining as
provided in pursuant to Section 30751 that
said the labor organization represents
the employees in the appropriate unit, and the accredited
representative shall bargain with the accredited
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, hours, and working
conditions. In the absence of the expression of such
the desire to be represented by a labor
organization , employees would be are
subject to any personnel system established pursuant to
the provisions of Section 30257.
(b) Upon the acquisition by the district of the property of the
Los Angeles Metropolitan Transit Authority pursuant to the
provisions of Chapter 8 (commencing with Section 31000)
of this part , the district shall assume and
observe all existing labor contracts and shall recognize the labor
organization certified to represent the employees in each existing
bargaining unit as the sole representative of the employees in each
such bargaining unit of those bargaining
units . Any certification of a labor organization previously
made by the California State Mediation and Conciliation Service
under the provisions of the Los Angeles Metropolitan Transit
Authority Act by the State Conciliation Service
of 1957 to represent or act for the employees in any
collective bargaining unit shall remain in full force and effect and
shall be binding upon the district. Such
Those certifications and any certifications made
hereunder under this subdivision shall not be
subject to challenge on the grounds that a new substantial question
of representation within such 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; provided, that no
collective bargaining agreement shall be construed to be a bar to
representation proceedings for a period of more than two years.
(c) 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 such
that labor organization covering the wages, hours, and
working conditions of the employees represented by such
that labor organization in an appropriate unit,
and to comply with the terms thereof of that
collective bargaining agreement, shall not be limited or
restricted by the provisions of the Government Code or other
laws or statutes and the any other provision of law.
The obligation of the district to bargain collectively shall
extend to all subjects of collective bargaining, including,
without limitation but not limited to ,
retroactive pay increases. Notwithstanding the provisions of
the Government Code or other laws or statutes any
other provision of law , the district shall make deductions
from the wages and salaries of its employees ,
upon receipt of authorization therefor 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 deductions may be authorized by
employees where such the deductions are
pursuant to a collective bargaining agreement with a duly designated
or certified labor organization.
(d) In case of (1) If a dispute
arises over wages, hours, or working conditions which
that is not resolved by negotiations
conducted in good faith between the board and the
representatives of the employees, then upon the agreement
of both parties, the board and the representative of the
employees said may submit the dispute
may be submitted to the decision of the
majority of an arbitration board , and the
. The decision of a majority of such
the arbitration board shall be final and
binding.
(2) (A) The arbitration board shall be composed of two
representatives of the district and ,
two representatives of the labor organization, and they
shall endeavor to agree upon the selection of a fifth member. If
they a fifth member to be agreed upon by the
representatives of the district and labor organization.
(B) 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 Supervisor of
Conciliation of the Division of Conciliation,
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 so
supplied , and 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 after the
labor organization and the district have stricken four names,
shall be designated as the arbitrator. The labor
organization and the district shall determine by lot who shall first
strike a name from the list. The decision of a majority of
the arbitration board shall be final and binding upon the parties
thereto . The expenses of such impartial
arbitrator shall be provided half by the district and half by the
labor organization.
(C) The district and the labor organization shall each pay half of
the cost of the impartial arbitrator.
(e) No A contract or agreement shall
not be made with any labor organization, association,
group , or individual where such organization,
association, group or individual that denies
membership on the grounds of race, creed or color; provided,
such 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.
(f) The district shall not discriminate in
with regard to employment against any person
because of his race, creed, or color 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 .
SEC. 21. Section 50120 of the Public Utilities Code is amended to
read:
50120. Whenever (a) If a majority
of the employees employed by said a
transit district in a unit appropriate for collective bargaining
indicate a desire to be represented by a labor organization,
then the board, upon after
determining as provided in pursuant to
Section 50121 that said the labor
organization represents the employees in the appropriate unit,
and the accredited representative shall bargain
with the accredited 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. In case of
(b) (1) If a dispute arises over the terms of a
written contract governing wages, salaries, hours , or
working conditions , which that is not
resolved by negotiations conducted in good faith between
the board and the representatives of the employees, then
the board and the representatives of the employees shall submit
said the dispute to the
decision of the majority of an arbitration board ,
and the . The decision of a majority of
such the arbitration board shall be
final.
(2) (A) The arbitration board shall be composed of two
representatives of the transit board and ,
two representatives of the labor organization, and
they shall endeavor to agree upon the selection of a fifth member.
If they a fifth member to be agreed upon by the
representatives of the transit board and labor organization.
(B) If the representatives of the transit board 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 Supervisor of
Conciliation of the Division of Conciliation,
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 so
supplied , and 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 transit district
have stricken four names, the name remaining after
the labor organization and the district have stricken four names,
shall be designated as the arbitrator. The labor
organization and the district shall determine by lot who shall first
strike from the list. The expenses of such impartial arbitrator
shall be provided half by the transit board and half by the labor
organization.
No
(C) The transit board and the labor organization shall each pay
half of the cost of the impartial arbitrator.
(c) A contract or agreement shall not be made
with any labor organization, association, group , or
individual where such organization, association, group or
individual that denies membership on the
grounds of race, creed or color, provided such 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.
(d) 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.
SEC. 22. Section 70121 of the Public Utilities Code is amended to
read:
70121. No (a) A contract or
agreement shall not be made , or assumed, with
any labor organization, association, group, or individual ,
or be assumed under the provisions of this section, where such
organization, association, group, or individual that
denies membership to , or in any manner
discriminates against , any employee on the
grounds of race, creed, color or sex; provided, that such
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.
(b) The district shall not discriminate in
with regard to employment against any person
because of his race, creed, or color 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 .
SEC. 23. Section 90300 of the Public Utilities Code is amended to
read:
90300. (a) Employees shall have the right to
self-organization 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 shall not express any
preference for one union over another.
(1) (A) Notwithstanding any other provision of this act,
whenever if a majority of the employees
employed by the a district in a unit
appropriate for collective bargaining indicate a desire to be
represented by a labor organization, then the district,
upon after determining as
provided in pursuant to subdivision (b)
of this section that such (f) that the labor
organization represents the employees in the appropriate unit, shall
enter into a written contract with the accredited representative of
such those employees governing wages,
salaries, hours , and working conditions. In
case of
(B) (i) If a dispute arises over wages, salaries,
hours , or working conditions , which
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 said
the dispute to the decision of the majority of
an arbitration board , and the .
The decision of the a majority of
such the arbitration board shall be
final.
(ii) The arbitration board shall be composed of two
representatives of the district, and two
representatives of the labor organization, and they shall
endeavor to agree upon the selection of the fifth member. If they
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 Supervisor of
Conciliation of the Division of Conciliation,
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 so
supplied , and 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 after the
labor organization and the district have stricken four names,
shall be designated as the arbitrator. The labor
organization and the district shall determine by lot who shall first
strike from the list. The decision of a majority of the
arbitration board shall be final and binding upon the parties
thereto .
(iv) The expenses of arbitration shall be borne equally by
the parties. Each party shall bear the party's own costs.
In the event
(b) If the board and the representatives of the employees do
not agree to submit such the dispute
to an arbitration board as herein provided
, in subdivision (a), either party may notify
the California State Mediation and
Conciliation Service may be notified by either party
that a dispute exists and that there is no agreement to
arbitrate. Said service The California State
Mediation and Conciliation Service shall determine whether or
not the dispute may can be resolved by
the parties and, if not, the issues concerning which
that are the subject of the dispute
exists; upon such . After making its
determination , the service shall certify its findings to
the Governor of the State of California who shall,
within 10 days of receipt of certification , appoint a
factfinding commission consisting of three persons which
. The factfinding commission shall immediately
convene and inquire into and investigate the
issues involved in the dispute. Such The
commission shall report to the Governor within 30 days of the
date of its creation.
(c) After the creation of such the
commission and for 30 days after such
the date the commission has made its report
to the Governor, no the parties to the
controversy shall not make any change, except by mutual
agreement, shall be made by the parties to the controversy
in the conditions out of which the dispute arose
and service . Service to the public shall be
provided during that time .
No
(d) A contract or agreement shall not be made
, or assumed, with any labor organization, association,
group, or individual , or be assumed under the provisions of
this section, where such organization, association, group, or
individual that denies membership to ,
or in any manner discriminates against , any
employee on the grounds of race, creed, color or sex;
provided, that such 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 in
with regard to employment against any person
because of the person's race, creed, or color
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 .
(b) If there is a question
(f) (1) Any questions regarding whether a labor organization
represents a majority of employees or whether the proposed unit is
or is not appropriate, such matters 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
and shall thereupon to determine the
unit appropriate for the purposes of collective bargaining. In
making such 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
, 1947, as presently amended 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. Any 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
such 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 ; provided, that . However, no
collective bargaining agreement shall be construed to be a bar to
representation proceedings for a period of more than two years.
(c) Whenever
(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 such 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
, and these . 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 that
the public utility , shall continue
to have the rights, privileges, benefits, obligations ,
and status with respect to such the
established system. No employee , of any acquired
public utility shall suffer any worsening of the person's
may be subject to a reduction in wages,
seniority, pension, vacation , or other benefits
by reason 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.
(d)
(h) The district shall not acquire
do any of the following:
(1) Acquire any existing system or part thereof
of an existing system, whether by purchase,
lease, condemnation, or otherwise , nor shall the district
dispose .
(2) Dispose of or lease any transit system or part
thereof, nor merge of the transit system.
(3) Merge , consolidate , or coordinate any
transit system or part thereof, or reduce of
the transit system.
(4) Reduce or limit the lines or service of any existing
system or of its the district's system
unless it shall first have the district has
first made adequate provision for any employees who are or may
be displaced. The terms and conditions of such
that provision shall be a proper subject of collective
bargaining.
(e)
(i) Notwithstanding the provisions
any provision of the Government Code, employees of
this district may authorize and, upon such authorization,
the district may make deductions from the wages and
salaries of such 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 deductions may be
authorized by employees of any private employer may
authorize deductions .
(f)
(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 such
that labor organization covering the wages,
hours , and working conditions of the employees
represented by such that labor
organization in an appropriate unit, and to comply with the terms
thereof of the collective
bargaining agreement, shall not be limited or restricted by
the provisions of the Government Code or other laws or
statutes and the any provision of law. The
obligation of the district to bargain collectively shall extend to
all subjects of collective bargaining which
that are or may be proper subjects of collective bargaining
with a private employer, including retroactive provisions.
(2) Notwithstanding the provisions of the
Government Code or other laws or statutes any other
provision of law , the district shall make deductions from
the wages and salaries of its employees , upon
receipt of authorization therefor 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 deductions may be authorized by
employees of any private employer may authorize
deductions , where such those
deductions are pursuant to a collective bargaining agreement with a
duly designated or certified labor organization.
(g)
(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 such
the or organization and the district.
(h)
(l) The district shall take such any
steps as that may be necessary
to obtain coverage for the district and its employees under Title II
of the Federal Social Security Act , as amended
(42 U.S.C. Sec. 401 et seq.) , and the related provisions
of the Federal Insurance Contributions Act , as amended
(26 U.S.C. Sec. 3101 et seq.) .
(i)
(m) The district shall take such any
steps as 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.
SEC. 24. Section 95650 of the Public Utilities Code is amended to
read:
95650. Whenever (a) If a majority
of the employees employed by said a
transit district in a unit appropriate for collective bargaining
indicate a desire to be represented by a labor organization,
then the board , upon after
determining as provided in pursuant to
Section 95651 that said the labor
organization represents the employees in the appropriate unit,
and the accredited representative shall bargain
with the accredited 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. In case of
(1) If a dispute arises over the terms of a
written contract governing wages, salaries, hours , or
working conditions , which that is not
resolved by negotiations conducted in good faith between
the board and the representatives of the employees, then
the board and the representatives of the employees shall submit
said the dispute to the
decision of the majority of an arbitration board ,
and the . The decision of a majority of
such the arbitration board shall be
final.
(2) (A) The arbitration board shall be composed of two
representatives of the transit board and ,
two representatives of the labor organization, and
they shall endeavor to agree upon the selection of a fifth member.
If they a fifth member to be agreed upon by the
representatives of the transit board and labor organization. If the
representatives of the transit board 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 Supervisor of Conciliation of the
Division of Conciliation, California State Mediation
and Conciliation Service within the Department of Industrial
Relations.
(B) The labor organization and the district shall,
alternately, strike a name from the list so
supplied , and 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 after the
labor organization and the district have stricken four names,
shall be designated as the arbitrator. The labor
organization and the district shall determine by lot who shall first
strike from the list. The expenses of such impartial arbitrator
shall be provided half by the transit board and half by the labor
organization.
No
(C) The transit board and labor organization shall each pay half
of the cost of the impartial arbitrator.
(c) A contract or agreement shall not be made
with any labor organization, association, group , or
individual where such organization, association, group or
individual that denies membership on
the grounds of race, creed or color, provided such 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.
(d) 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.
SEC. 25. Section 98161 of the Public Utilities Code is amended to
read:
98161. All citizens shall have equal opportunity to obtain and
hold employment, and to advance therein in
that employment , without discrimination because of
race, religion, color, national origin or ancestry 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 .
SEC. 26. Section 100303 of the Public Utilities Code is amended to
read:
100303. No (a) A contract or
agreement shall not be made with any labor organization,
association, group , or individual where such
organization, association, group or individual that
denies membership on the grounds of race, creed or
color; provided, that such 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.
(b) 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.
SEC. 27. Section 101343 of the Public Utilities Code is amended to
read:
101343. No (a) A contract or
agreement shall not be made , or assumed under this
part, with any labor organization, association, or group
, or be assumed under the provisions of this part, where
such organization, association, or group that
denies membership to, or in any manner discriminates against, any
employee on the grounds of race, creed, color, or sex
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, such
the organization may preclude from membership
any individual who advocates the overthrow of the government by force
or violence.
(b) The district shall not discriminate in
with regard to employment against any person
because of his race, creed, or color 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 .
SEC. 28. Section 102402 of the Public Utilities Code is amended to
read:
102402. No (a) A contract or
agreement shall not be made , or assumed under this
article, with any labor organization, association, or group
, or be assumed under the provisions of this article, where
such organization, association, or group, that
denies membership to, or in any manner discriminates against, any
employee on the
grounds of race, creed, color, or sex; provided, that such
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.
(b) The district shall not discriminate in
with regard to employment against any person
because of his race, creed, color, or sex 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 .
SEC. 29. Section 103403 of the Public Utilities Code is amended to
read:
103403. No (a) A contract or
agreement shall not be made with any labor organization,
association, or group where such organization, association,
or group that denies membership on the
grounds of race, creed, or color; provided, that such
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.
(b) 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.
SEC. 30. Section 120504 of the Public Utilities Code is amended to
read:
120504. No (a) A contract or
agreement shall not be made with any labor organization,
association, or group which that denies
membership to, or in any manner discriminates against, any employee
on the grounds of race, creed, color, or sex
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 .
(b) The board shall not discriminate in
with regard to employment against any person
because of race, creed, color, or sex 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 .
SEC. 31. Section 125523 of the Public Utilities Code is amended to
read:
125523. No (a) A contract or
agreement shall not be made with any labor organization,
association, or group where such organization, association,
or group that denies membership on the
grounds of race, creed, or color; provided, that such
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.
(b) 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.
SEC. 32. Section 1256.2 of the Unemployment Insurance Code is
amended to read:
1256.2. An (a) Except as otherwise
provided in subdivision (b), an individual who terminates his
or her employment shall not be deemed to have left his
or her most recent work without good cause if his or
her employer operated so as to deprive him
deprived the individual of equal employment opportunities
because of that individual's race, color, religious creed,
sex, national origin, ancestry, or physical handicap, except that
this section shall not apply 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.
(b) Subdivision (a) does not apply to the following :
(a) To a
(1) A deprivation of equal employment opportunities
that is based upon a bona fide occupational qualification or
applicable security regulations established by the United States or
this state, specifically, as provided in Section 12940 of the
Government Code .
(b) If the
(2) An individual who fails to make reasonable
efforts to provide the employer with an opportunity to remove any
unintentional deprivation of the individual's equal employment
opportunities.
SEC. 33. Section 11320.31 of the Welfare and Institutions Code is
amended to read:
11320.31. No sanctions shall Sanctions
shall not be applied for a failure or refusal to comply with
program requirements for reasons related to employment, an offer of
employment, an activity, or other training for employment including,
but not limited to, the following reasons:
(a) The employment, offer of employment, activity, or other
training for employment discriminates in terms of age, sex,
race, religion, national origin, or physical or mental disability
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 .
(b) The employment or offer of employment exceeds the daily or
weekly hours of work customary to the occupation.
(c) The employment, offer of employment, activity, or other
training for employment requires travel to and from the place of
employment, activity, or other training and one's home that exceeds a
total of two hours in round-trip time, exclusive of the time
necessary to transport family members to a school or place providing
care, or, when walking is the only available means of transportation,
the round-trip is more than two miles, exclusive of the mileage
necessary to accompany family members to a school or a place
providing care. An individual who fails or refuses to comply with
the program requirements based on this paragraph
subdivision shall be required to participate in community
service activities pursuant to Section 11322.9.
(d) The employment, offer of employment, activity, or other
training for employment involves conditions that are in violation of
applicable health and safety standards.
(e) The employment, offer of employment, or work activity does not
provide for worker's workers'
compensation insurance.
(f) Accepting the employment or work activity would cause an
interruption in an approved education or job training program in
progress that would otherwise lead to employment and sufficient
income to be self-supporting, excluding work experience or community
service employment as described in subdivisions (d) and (j) of
Section 11322.6 and Section 11322.9 or other community work
experience assignments, except that a recipient may be required to
engage in welfare-to-work activities to the extent necessary to meet
the hours of participation required by Section 11322.8.
(g) Accepting the employment, offer of employment, or work
activity would cause the individual to violate the terms of his or
her union membership.
SEC. 34. Section 11322.62 of the Welfare and Institutions Code is
amended to read:
11322.62. Employers, sponsors of training activities, and
contractors shall not discriminate against participants on
the basis of race, sex, national origin, age, or disability
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 .
SEC. 35. Section 14087.28 of the Welfare and Institutions Code is
amended to read:
14087.28. (a) A hospital contracting with the Medi-Cal
program pursuant to this chapter , shall not deny
medical staff membership or clinical privileges for reasons other
than a physician's individual qualifications as determined by
professional and ethical criteria, uniformly applied to all medical
staff applicants and members. Determination of medical staff
membership or clinical privileges shall not be made upon the basis of
any of the following :
(a)
(1) The existence of a contract with the hospital or with
others.
(b)
(2) Membership in , or affiliation with ,
any society, medical group , or teaching facility
, or upon the basis of any criteria lacking professional
justification, such as sex, race, creed or national origin
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 .
(b) The special negotiator may authorize a contracting
hospital to impose reasonable limitations on the granting of medical
staff membership or clinical privileges in the following
instances:
(a) To to permit an exclusive contract for
the provision of pathology, radiology, and anesthesiology services,
except for consulting services requested by the admitting
physician.
SEC. 36. No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.