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SB-604 San Francisco Bay Area Rapid Transit District: strikes: prohibition. (2017-2018)

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Date Published: 02/17/2017 09:00 PM
SB604:v99#DOCUMENT


CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Senate Bill No. 604


Introduced by Senator Glazer
(Coauthor: Assembly Member Baker)

February 17, 2017


An act to amend Section 3616 of, and to add Section 3616.1 to, the Government Code, relating to the San Francisco Bay Area Rapid Transit District.


LEGISLATIVE COUNSEL'S DIGEST


SB 604, as introduced, Glazer. San Francisco Bay Area Rapid Transit District: strikes: prohibition.
Existing law creates the San Francisco Bay Area Rapid Transit District and establishes provisions regulating the collective bargaining of the employees and the board of directors of that district. Existing law prescribes procedures specifically relating to the collective bargaining of transit districts, and authorizes the Governor, when it appears a strike will significantly disrupt transportation services and endanger public health, safety, and welfare, to appoint a board to investigate issues in connection with these labor negotiations and make a report. Existing law prohibits a strike during the period of investigation and permits the Governor, upon receiving a report from a board of investigation, to request the Attorney General to petition a court to enjoin the strike, as specified.
This bill would prohibit employees of the San Francisco Bay Area Rapid Transit District from engaging in a strike or work stoppage if the transit district board maintains all provisions of an expired contract and an employee or employee organization has agreed to a provision prohibiting strikes in the expired or previous written labor contract. The bill would provide that an employee whom the transit district employer finds willfully engaged in a strike or work stoppage in violation of these provisions is subject to dismissal if that finding is sustained upon conclusion of the appropriate proceedings necessary for the imposition of a disciplinary action.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 3616 of the Government Code is amended to read:

3616.
 Except as expressly provided by subdivision (b) of Section 3612 and Section 3614, 3612, and Sections 3614 and 3616.1, nothing in this chapter shall be construed to grant or deprive employees of a right to strike.

SEC. 2.

 Section 3616.1 is added to the Government Code, to read:

3616.1.
 (a) This section shall apply to employees of the San Francisco Bay Area Rapid Transit District as created in Section 28600 of the Public Utilities Code.
(b) Notwithstanding any other law, if the Board of Directors of the San Francisco Bay Area Rapid Transit District maintains all provisions of an expired contract, including compensation and benefit provisions, and an employee or employee organization has agreed to a provision prohibiting strikes in the expired or previous written labor contract, then a strike or work stoppage by employees of the district is hereby deemed contrary to the public interest and is prohibited.
(c) An employee whom the transit district employer finds willfully engaged in a strike or work stoppage in violation of subdivision (b) by failing to report for work shall be subject to dismissal from his or her employment if that finding is sustained upon conclusion of the appropriate proceedings necessary for the imposition of disciplinary action upon the employee.