| 1 | | - | Enrolled September 05, 2018 Passed IN Senate August 31, 2018 Passed IN Assembly May 10, 2018 Amended IN Assembly March 23, 2018 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 3034Introduced by Assembly Member LowFebruary 16, 2018 An act to add Section 28856 to the Public Utilities Code, relating to public transit.LEGISLATIVE COUNSEL'S DIGESTAB 3034, Low. Public transit employer-employee relations: San Francisco Bay Area Rapid Transit District.(1) Existing law contains provisions relating to employer-employee relations between the state and its employees, public schools and their employees, local public agencies and their employees, and postsecondary educational institutions and their employees. The Meyers-Milias-Brown Act, in this regard, generally governs employer-employee relations between local public agencies and their employees. Existing laws provide these public employees with the right to form, join, and participate in the activities of employee organizations for the purpose of representation on all matters of employer-employee relations. The selected employee organization has the right to represent its members on all matters of employer-employee relations, including disputes.Existing law also prescribes the powers and duties of public transit districts, including administering employer-employee relations. The courts have held that the Meyers-Milias-Brown Act, pertaining to employer-employee relations between local public agencies and their employees, does not apply to public transit districts that have a statutorily prescribed method of administering employer-employee relations that was in existence at the time the Meyers-Milias-Brown Act was enacted.This bill would give employees within the supervisory units of the San Francisco Bay Area Rapid Transit District the right to form, join, and participate in the activities of employee organizations of their own choosing for the purposes of representation on all employer-employee relations matters and would permit these employees to meet, confer, and enter into memoranda of understanding for these purposes pursuant to the Meyers-Milias-Brown Act. The bill would provide that the act governs these employer-employee relations and that they are subject to the exclusive jurisdiction of, and are to be administered by, the Public Employment Relations Board.By increasing the duties of local public transit officials, the bill would create a state-mandated local program.(2) 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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 28856 is added to the Public Utilities Code, to read:28856. (a) For employees within the supervisory units, including, without limitation, supervisory, professional, and technical employees, of the San Francisco Bay Area Rapid Transit District covered under this chapter, employer-employee relations shall be governed under the Meyers-Milias-Brown Act (Chapter 10 (commencing with Section 3500) of Division 4 of Title 1 of the Government Code).(b) Employer-employee relations governed under the Meyers-Milias-Brown Act shall be subject to the exclusive jurisdiction of, and shall be administered by, the Public Employment Relations Board, established pursuant to Section 3541 of the Government Code.SEC. 2. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code. |
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| 1 | + | Amended IN Assembly March 23, 2018 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 3034Introduced by Assembly Member LowFebruary 16, 2018 An act to amend Section 4000 of the Government Code, relating to public contracts. An act to add Section 28856 to the Public Utilities Code, relating to public transit.LEGISLATIVE COUNSEL'S DIGESTAB 3034, as amended, Low. Public contracts. Public transit employer-employee relations: San Francisco Bay Area Rapid Transit District.(1) Existing law contains provisions relating to employer-employee relations between the state and its employees, public schools and their employees, local public agencies and their employees, and postsecondary educational institutions and their employees. The Meyers-Milias-Brown Act, in this regard, generally governs employer-employee relations between local public agencies and their employees. Existing laws provide these public employees with the right to form, join, and participate in the activities of employee organizations for the purpose of representation on all matters of employer-employee relations. The selected employee organization has the right to represent its members on all matters of employer-employee relations, including disputes.Existing law also prescribes the powers and duties of public transit districts, including administering employer-employee relations. The courts have held that the Meyers-Milias-Brown Act, pertaining to employer-employee relations between local public agencies and their employees, does not apply to public transit districts that have a statutorily prescribed method of administering employer-employee relations that was in existence at the time the Meyers-Milias-Brown Act was enacted.This bill would give employees within the supervisory units of the San Francisco Bay Area Rapid Transit District the right to form, join, and participate in the activities of employee organizations of their own choosing for the purposes of representation on all employer-employee relations matters and would permit these employees to meet, confer, and enter into memoranda of understanding for these purposes pursuant to the Meyers-Milias-Brown Act. The bill would provide that the act governs these employer-employee relations and that they are subject to the exclusive jurisdiction of, and are to be administered by, the Public Employment Relations Board.By increasing the duties of local public transit officials, the bill would create a state-mandated local program.(2) 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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.Existing law requires specified records to be maintained with respect to public work and public purchases. Existing law makes those provisions inapplicable to maintenance work, work occasioned by emergency, and work costing less than $15,000.This bill would make a nonsubstantive change to this provision.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NOYES Local Program: NOYES Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 28856 is added to the Public Utilities Code, to read:28856. (a) For employees within the supervisory units, including, without limitation, supervisory, professional, and technical employees, of the San Francisco Bay Area Rapid Transit District covered under this chapter, employer-employee relations shall be governed under the Meyers-Milias-Brown Act (Chapter 10 (commencing with Section 3500) of Division 4 of Title 1 of the Government Code).(b) Employer-employee relations governed under the Meyers-Milias-Brown Act shall be subject to the exclusive jurisdiction of, and shall be administered by, the Public Employment Relations Board, established pursuant to Section 3541 of the Government Code.SEC. 2. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.SECTION 1.Section 4000 of the Government Code is amended to read:4000.This chapter does not apply to maintenance work, work occasioned by emergency, and work that costs less than fifteen thousand dollars ($15,000). |
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| 3 | | - | Enrolled September 05, 2018 Passed IN Senate August 31, 2018 Passed IN Assembly May 10, 2018 Amended IN Assembly March 23, 2018 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 3034Introduced by Assembly Member LowFebruary 16, 2018 An act to add Section 28856 to the Public Utilities Code, relating to public transit.LEGISLATIVE COUNSEL'S DIGESTAB 3034, Low. Public transit employer-employee relations: San Francisco Bay Area Rapid Transit District.(1) Existing law contains provisions relating to employer-employee relations between the state and its employees, public schools and their employees, local public agencies and their employees, and postsecondary educational institutions and their employees. The Meyers-Milias-Brown Act, in this regard, generally governs employer-employee relations between local public agencies and their employees. Existing laws provide these public employees with the right to form, join, and participate in the activities of employee organizations for the purpose of representation on all matters of employer-employee relations. The selected employee organization has the right to represent its members on all matters of employer-employee relations, including disputes.Existing law also prescribes the powers and duties of public transit districts, including administering employer-employee relations. The courts have held that the Meyers-Milias-Brown Act, pertaining to employer-employee relations between local public agencies and their employees, does not apply to public transit districts that have a statutorily prescribed method of administering employer-employee relations that was in existence at the time the Meyers-Milias-Brown Act was enacted.This bill would give employees within the supervisory units of the San Francisco Bay Area Rapid Transit District the right to form, join, and participate in the activities of employee organizations of their own choosing for the purposes of representation on all employer-employee relations matters and would permit these employees to meet, confer, and enter into memoranda of understanding for these purposes pursuant to the Meyers-Milias-Brown Act. The bill would provide that the act governs these employer-employee relations and that they are subject to the exclusive jurisdiction of, and are to be administered by, the Public Employment Relations Board.By increasing the duties of local public transit officials, the bill would create a state-mandated local program.(2) 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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES |
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| 3 | + | Amended IN Assembly March 23, 2018 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 3034Introduced by Assembly Member LowFebruary 16, 2018 An act to amend Section 4000 of the Government Code, relating to public contracts. An act to add Section 28856 to the Public Utilities Code, relating to public transit.LEGISLATIVE COUNSEL'S DIGESTAB 3034, as amended, Low. Public contracts. Public transit employer-employee relations: San Francisco Bay Area Rapid Transit District.(1) Existing law contains provisions relating to employer-employee relations between the state and its employees, public schools and their employees, local public agencies and their employees, and postsecondary educational institutions and their employees. The Meyers-Milias-Brown Act, in this regard, generally governs employer-employee relations between local public agencies and their employees. Existing laws provide these public employees with the right to form, join, and participate in the activities of employee organizations for the purpose of representation on all matters of employer-employee relations. The selected employee organization has the right to represent its members on all matters of employer-employee relations, including disputes.Existing law also prescribes the powers and duties of public transit districts, including administering employer-employee relations. The courts have held that the Meyers-Milias-Brown Act, pertaining to employer-employee relations between local public agencies and their employees, does not apply to public transit districts that have a statutorily prescribed method of administering employer-employee relations that was in existence at the time the Meyers-Milias-Brown Act was enacted.This bill would give employees within the supervisory units of the San Francisco Bay Area Rapid Transit District the right to form, join, and participate in the activities of employee organizations of their own choosing for the purposes of representation on all employer-employee relations matters and would permit these employees to meet, confer, and enter into memoranda of understanding for these purposes pursuant to the Meyers-Milias-Brown Act. The bill would provide that the act governs these employer-employee relations and that they are subject to the exclusive jurisdiction of, and are to be administered by, the Public Employment Relations Board.By increasing the duties of local public transit officials, the bill would create a state-mandated local program.(2) 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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.Existing law requires specified records to be maintained with respect to public work and public purchases. Existing law makes those provisions inapplicable to maintenance work, work occasioned by emergency, and work costing less than $15,000.This bill would make a nonsubstantive change to this provision.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NOYES Local Program: NOYES |
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| 29 | | - | (1) Existing law contains provisions relating to employer-employee relations between the state and its employees, public schools and their employees, local public agencies and their employees, and postsecondary educational institutions and their employees. The Meyers-Milias-Brown Act, in this regard, generally governs employer-employee relations between local public agencies and their employees. Existing laws provide these public employees with the right to form, join, and participate in the activities of employee organizations for the purpose of representation on all matters of employer-employee relations. The selected employee organization has the right to represent its members on all matters of employer-employee relations, including disputes.Existing law also prescribes the powers and duties of public transit districts, including administering employer-employee relations. The courts have held that the Meyers-Milias-Brown Act, pertaining to employer-employee relations between local public agencies and their employees, does not apply to public transit districts that have a statutorily prescribed method of administering employer-employee relations that was in existence at the time the Meyers-Milias-Brown Act was enacted.This bill would give employees within the supervisory units of the San Francisco Bay Area Rapid Transit District the right to form, join, and participate in the activities of employee organizations of their own choosing for the purposes of representation on all employer-employee relations matters and would permit these employees to meet, confer, and enter into memoranda of understanding for these purposes pursuant to the Meyers-Milias-Brown Act. The bill would provide that the act governs these employer-employee relations and that they are subject to the exclusive jurisdiction of, and are to be administered by, the Public Employment Relations Board.By increasing the duties of local public transit officials, the bill would create a state-mandated local program.(2) 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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above. |
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| 26 | + | (1) Existing law contains provisions relating to employer-employee relations between the state and its employees, public schools and their employees, local public agencies and their employees, and postsecondary educational institutions and their employees. The Meyers-Milias-Brown Act, in this regard, generally governs employer-employee relations between local public agencies and their employees. Existing laws provide these public employees with the right to form, join, and participate in the activities of employee organizations for the purpose of representation on all matters of employer-employee relations. The selected employee organization has the right to represent its members on all matters of employer-employee relations, including disputes.Existing law also prescribes the powers and duties of public transit districts, including administering employer-employee relations. The courts have held that the Meyers-Milias-Brown Act, pertaining to employer-employee relations between local public agencies and their employees, does not apply to public transit districts that have a statutorily prescribed method of administering employer-employee relations that was in existence at the time the Meyers-Milias-Brown Act was enacted.This bill would give employees within the supervisory units of the San Francisco Bay Area Rapid Transit District the right to form, join, and participate in the activities of employee organizations of their own choosing for the purposes of representation on all employer-employee relations matters and would permit these employees to meet, confer, and enter into memoranda of understanding for these purposes pursuant to the Meyers-Milias-Brown Act. The bill would provide that the act governs these employer-employee relations and that they are subject to the exclusive jurisdiction of, and are to be administered by, the Public Employment Relations Board.By increasing the duties of local public transit officials, the bill would create a state-mandated local program.(2) 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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.Existing law requires specified records to be maintained with respect to public work and public purchases. Existing law makes those provisions inapplicable to maintenance work, work occasioned by emergency, and work costing less than $15,000.This bill would make a nonsubstantive change to this provision. |
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| 30 | 27 | | |
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| 31 | 28 | | (1) Existing law contains provisions relating to employer-employee relations between the state and its employees, public schools and their employees, local public agencies and their employees, and postsecondary educational institutions and their employees. The Meyers-Milias-Brown Act, in this regard, generally governs employer-employee relations between local public agencies and their employees. Existing laws provide these public employees with the right to form, join, and participate in the activities of employee organizations for the purpose of representation on all matters of employer-employee relations. The selected employee organization has the right to represent its members on all matters of employer-employee relations, including disputes. |
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| 32 | 29 | | |
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| 33 | 30 | | Existing law also prescribes the powers and duties of public transit districts, including administering employer-employee relations. The courts have held that the Meyers-Milias-Brown Act, pertaining to employer-employee relations between local public agencies and their employees, does not apply to public transit districts that have a statutorily prescribed method of administering employer-employee relations that was in existence at the time the Meyers-Milias-Brown Act was enacted. |
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| 34 | 31 | | |
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| 35 | 32 | | This bill would give employees within the supervisory units of the San Francisco Bay Area Rapid Transit District the right to form, join, and participate in the activities of employee organizations of their own choosing for the purposes of representation on all employer-employee relations matters and would permit these employees to meet, confer, and enter into memoranda of understanding for these purposes pursuant to the Meyers-Milias-Brown Act. The bill would provide that the act governs these employer-employee relations and that they are subject to the exclusive jurisdiction of, and are to be administered by, the Public Employment Relations Board. |
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| 36 | 33 | | |
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| 37 | 34 | | By increasing the duties of local public transit officials, the bill would create a state-mandated local program. |
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| 38 | 35 | | |
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| 39 | 36 | | (2) 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. |
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| 40 | 37 | | |
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| 41 | 38 | | This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above. |
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| 42 | 39 | | |
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| 47 | | - | The people of the State of California do enact as follows:SECTION 1. Section 28856 is added to the Public Utilities Code, to read:28856. (a) For employees within the supervisory units, including, without limitation, supervisory, professional, and technical employees, of the San Francisco Bay Area Rapid Transit District covered under this chapter, employer-employee relations shall be governed under the Meyers-Milias-Brown Act (Chapter 10 (commencing with Section 3500) of Division 4 of Title 1 of the Government Code).(b) Employer-employee relations governed under the Meyers-Milias-Brown Act shall be subject to the exclusive jurisdiction of, and shall be administered by, the Public Employment Relations Board, established pursuant to Section 3541 of the Government Code.SEC. 2. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code. |
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| 52 | + | The people of the State of California do enact as follows:SECTION 1. Section 28856 is added to the Public Utilities Code, to read:28856. (a) For employees within the supervisory units, including, without limitation, supervisory, professional, and technical employees, of the San Francisco Bay Area Rapid Transit District covered under this chapter, employer-employee relations shall be governed under the Meyers-Milias-Brown Act (Chapter 10 (commencing with Section 3500) of Division 4 of Title 1 of the Government Code).(b) Employer-employee relations governed under the Meyers-Milias-Brown Act shall be subject to the exclusive jurisdiction of, and shall be administered by, the Public Employment Relations Board, established pursuant to Section 3541 of the Government Code.SEC. 2. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.SECTION 1.Section 4000 of the Government Code is amended to read:4000.This chapter does not apply to maintenance work, work occasioned by emergency, and work that costs less than fifteen thousand dollars ($15,000). |
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| 48 | 53 | | |
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| 49 | 54 | | The people of the State of California do enact as follows: |
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| 50 | 55 | | |
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| 51 | 56 | | ## The people of the State of California do enact as follows: |
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| 52 | 57 | | |
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| 53 | 58 | | SECTION 1. Section 28856 is added to the Public Utilities Code, to read:28856. (a) For employees within the supervisory units, including, without limitation, supervisory, professional, and technical employees, of the San Francisco Bay Area Rapid Transit District covered under this chapter, employer-employee relations shall be governed under the Meyers-Milias-Brown Act (Chapter 10 (commencing with Section 3500) of Division 4 of Title 1 of the Government Code).(b) Employer-employee relations governed under the Meyers-Milias-Brown Act shall be subject to the exclusive jurisdiction of, and shall be administered by, the Public Employment Relations Board, established pursuant to Section 3541 of the Government Code. |
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| 54 | 59 | | |
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| 55 | 60 | | SECTION 1. Section 28856 is added to the Public Utilities Code, to read: |
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| 56 | 61 | | |
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| 57 | 62 | | ### SECTION 1. |
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| 58 | 63 | | |
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| 59 | 64 | | 28856. (a) For employees within the supervisory units, including, without limitation, supervisory, professional, and technical employees, of the San Francisco Bay Area Rapid Transit District covered under this chapter, employer-employee relations shall be governed under the Meyers-Milias-Brown Act (Chapter 10 (commencing with Section 3500) of Division 4 of Title 1 of the Government Code).(b) Employer-employee relations governed under the Meyers-Milias-Brown Act shall be subject to the exclusive jurisdiction of, and shall be administered by, the Public Employment Relations Board, established pursuant to Section 3541 of the Government Code. |
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| 60 | 65 | | |
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| 61 | 66 | | 28856. (a) For employees within the supervisory units, including, without limitation, supervisory, professional, and technical employees, of the San Francisco Bay Area Rapid Transit District covered under this chapter, employer-employee relations shall be governed under the Meyers-Milias-Brown Act (Chapter 10 (commencing with Section 3500) of Division 4 of Title 1 of the Government Code).(b) Employer-employee relations governed under the Meyers-Milias-Brown Act shall be subject to the exclusive jurisdiction of, and shall be administered by, the Public Employment Relations Board, established pursuant to Section 3541 of the Government Code. |
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| 62 | 67 | | |
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| 63 | 68 | | 28856. (a) For employees within the supervisory units, including, without limitation, supervisory, professional, and technical employees, of the San Francisco Bay Area Rapid Transit District covered under this chapter, employer-employee relations shall be governed under the Meyers-Milias-Brown Act (Chapter 10 (commencing with Section 3500) of Division 4 of Title 1 of the Government Code).(b) Employer-employee relations governed under the Meyers-Milias-Brown Act shall be subject to the exclusive jurisdiction of, and shall be administered by, the Public Employment Relations Board, established pursuant to Section 3541 of the Government Code. |
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| 64 | 69 | | |
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| 65 | 70 | | |
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| 66 | 71 | | |
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| 67 | 72 | | 28856. (a) For employees within the supervisory units, including, without limitation, supervisory, professional, and technical employees, of the San Francisco Bay Area Rapid Transit District covered under this chapter, employer-employee relations shall be governed under the Meyers-Milias-Brown Act (Chapter 10 (commencing with Section 3500) of Division 4 of Title 1 of the Government Code). |
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| 68 | 73 | | |
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| 69 | 74 | | (b) Employer-employee relations governed under the Meyers-Milias-Brown Act shall be subject to the exclusive jurisdiction of, and shall be administered by, the Public Employment Relations Board, established pursuant to Section 3541 of the Government Code. |
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| 70 | 75 | | |
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| 71 | 76 | | SEC. 2. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code. |
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| 72 | 77 | | |
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| 73 | 78 | | SEC. 2. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code. |
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| 74 | 79 | | |
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| 75 | 80 | | SEC. 2. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code. |
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| 76 | 81 | | |
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| 77 | 82 | | ### SEC. 2. |
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