Code Section Group

Public Utilities Code - PUC

DIVISION 10. TRANSIT DISTRICTS [24501 - 107025]

  ( Division 10 repealed and added by Stats. 1955, Ch. 1036. )

PART 12. SANTA CLARA VALLEY TRANSPORTATION AUTHORITY [100000 - 100619]

  ( Heading of Part 12 amended by Stats. 1999, Ch. 724, Sec. 5. )

CHAPTER 6. Personnel [100300 - 100381]

  ( Chapter 6 added by Stats. 1969, Ch. 180. )

ARTICLE 2. Rights of Employees of Existing Facilities [100350 - 100351]
  ( Article 2 added by Stats. 1969, Ch. 180. )

100350.
  

(a) Whenever the VTA acquires existing facilities from a publicly or privately owned utility, either in proceedings by eminent domain or otherwise, to the extent necessary for operation of facilities, all of the employees of the public utility whose duties pertain to the facilities acquired who have been employed by said utility for at least 75 days shall be appointed to comparable positions in the VTA without examination and these employees shall be given sick leave, seniority, and vacation credits in accordance with the records of the acquired public utility. No employee of any acquired public utility shall suffer any worsening of wages, seniority, pension, vacation, or other benefits by reason of the acquisition.

(b) Whenever the VTA acquires existing facilities from a publicly or privately owned utility, either in proceedings in eminent domain or otherwise, the VTA shall assume and observe all existing labor contracts.

(c) The provisions of this section apply only to those officers or supervisory employees of the acquired utility as shall be designated by the board.

(Amended by Stats. 2016, Ch. 381, Sec. 78. (AB 2196) Effective January 1, 2017.)

100351.
  

Whenever the VTA acquires existing facilities from a publicly or privately owned utility, either in proceedings in eminent domain or otherwise, that has a pension plan in operation, members and beneficiaries of the pension plan shall continue to have the rights, privileges, benefits, obligations, and status with respect to the established system. The outstanding obligations and liabilities of the public utility by reason of the pension plan shall be considered and taken into account and allowance made therefor in the purchase price of the public utility. The persons entitled to pension benefits as provided for in this section and the benefits that are provided shall be specified in the agreement or order by which any public utility is acquired by the VTA.

(Amended by Stats. 2016, Ch. 381, Sec. 79. (AB 2196) Effective January 1, 2017.)

PUCPublic Utilities Code - PUC2