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<ns0:Id>20250SB__116699INT</ns0:Id>
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<ns0:Action>
<ns0:ActionText>INTRODUCED</ns0:ActionText>
<ns0:ActionDate>2026-02-18</ns0:ActionDate>
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<ns0:SessionYear>2025</ns0:SessionYear>
<ns0:SessionNum>0</ns0:SessionNum>
<ns0:MeasureType>SB</ns0:MeasureType>
<ns0:MeasureNum>1166</ns0:MeasureNum>
<ns0:MeasureState>INT</ns0:MeasureState>
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<ns0:AuthorText authorType="LEAD_AUTHOR">Introduced by Senator Arreguín</ns0:AuthorText>
<ns0:AuthorText authorType="COAUTHOR_OPPOSITE">(Coauthor: Assembly Member Ortega)</ns0:AuthorText>
<ns0:Authors>
<ns0:Legislator>
<ns0:Contribution>LEAD_AUTHOR</ns0:Contribution>
<ns0:House>SENATE</ns0:House>
<ns0:Name>Arreguín</ns0:Name>
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<ns0:Legislator>
<ns0:Contribution>COAUTHOR</ns0:Contribution>
<ns0:House>ASSEMBLY</ns0:House>
<ns0:Name>Ortega</ns0:Name>
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<ns0:Title> An act to add Sections 25058, 25059, 25060, and 25061 to the Public Utilities Code, relating to public employment. </ns0:Title>
<ns0:RelatingClause>public employment</ns0:RelatingClause>
<ns0:GeneralSubject>
<ns0:Subject>Alameda-Contra Costa Transit District: employee relations.</ns0:Subject>
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<ns0:DigestText>
<html:p>Existing law, the Transit District Law, establishes the Alameda-Contra Costa Transit District with various powers and duties relative to transportation projects and services and the operation of public transit in the Counties of Alameda and Contra Costa.</html:p>
<html:p>Existing law establishes the Public Employment Relations Board (PERB) in state government as a means of resolving disputes and enforcing the statutory duties and rights of specified public employers and employees under various acts regulating collective bargaining, including the Meyers-Milias-Brown Act. Existing law includes within PERB’s jurisdiction the resolution of disputes alleging violation of rules and regulations adopted by a public agency, as defined, concerning unit determinations, representations, recognition, and elections, as specified. Existing law authorizes PERB to adopt rules and
regulations to carry out its purposes, as provided.</html:p>
<html:p>This bill would vest PERB with jurisdiction to enforce certain provisions related to the district’s employees over charges of unfair practices for represented district employees, subject to a selection by an exclusive representative. The bill, in the case of such a selection, would give PERB jurisdiction over the initial determination as to whether those charges are justified and, if so, the appropriate remedy, subject to certain restrictions. The bill would require that PERB’s regulations apply, as appropriate, to the district, and authorize PERB to make additional emergency regulations applicable to the district. The bill would require the district to give reasonable written notice to an exclusive representative of its employees of its intent to make any change to matters within the scope of representation of the employees represented by the exclusive representative, as specified. This bill would authorize any
charging party, respondent, or intervenor aggrieved by a final decision or order of PERB in an unfair practice case, except a decision of PERB not to issue a complaint in such a case, to petition for a writ of extraordinary relief from that decision or order, as specified. The bill, if the time to petition for extraordinary relief from a PERB decision or order has expired, would authorize PERB to seek enforcement of any final decision or order in a district court of appeal or superior court having jurisdiction over the county where the events giving rise to the decision or order occurred, as specified. By imposing new duties on the district, the bill would impose a state-mandated local program.</html:p>
<html:p>This bill would make legislative findings and declarations as to the necessity of a special statute for the district.</html:p>
<html:p>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.</html:p>
<html:p>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.</html:p>
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<ns0:VoteRequired>MAJORITY</ns0:VoteRequired>
<ns0:Appropriation>NO</ns0:Appropriation>
<ns0:FiscalCommittee>YES</ns0:FiscalCommittee>
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<ns0:ImmediateEffect>NO</ns0:ImmediateEffect>
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<ns0:Urgency>NO</ns0:Urgency>
<ns0:TaxLevy>NO</ns0:TaxLevy>
<ns0:Election>NO</ns0:Election>
<ns0:UsualCurrentExpenses>NO</ns0:UsualCurrentExpenses>
<ns0:BudgetBill>NO</ns0:BudgetBill>
<ns0:Prop25TrailerBill>NO</ns0:Prop25TrailerBill>
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<ns0:Preamble>The people of the State of California do enact as follows:</ns0:Preamble>
<ns0:BillSection id="id_CD184488-BCF4-4CF5-B861-24B2750A3AA8">
<ns0:Num>SECTION 1.</ns0:Num>
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Section 25058 is added to the
<ns0:DocName>Public Utilities Code</ns0:DocName>
, to read:
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<ns0:Num>25058.</ns0:Num>
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<html:p>
(a)
<html:span class="EnSpace"/>
It is a primary purpose of this chapter to promote the improvement of personnel management and employer-employee relations within the district by providing a uniform basis for recognizing the right of employees to join employee organizations of their own choice, to be represented, to select one employee organization as the exclusive representative of the employees in an appropriate unit, and to afford employees a voice at work.
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<html:p>
(b)
<html:span class="EnSpace"/>
The Public Employment Relations Board established pursuant to Section 3541 of the Government Code, and the powers and duties of the Public Employment Relations Board as described in Section 3541.3 of the Government Code, shall have jurisdiction pursuant to subdivision (b) of Section 25059 to enforce this chapter
and the regulations of the Public Employment Relations Board shall apply to this chapter. The Public Employment Relations Board shall perform its duties under this section consistent with its regulations and may make additional regulations. The Public Employment Relations Board may also adopt, amend, or repeal all rules and regulations necessary to carry out this chapter as emergency regulations in accordance with the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code). The adoption, amendment, or repeal of regulations pursuant to this subdivision is conclusively presumed to be necessary for the immediate preservation of the public peace, health, safety, or general welfare within the meaning of Section 11346.1 of the Government Code.
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<ns0:Num>SEC. 2.</ns0:Num>
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Section 25059 is added to the
<ns0:DocName>Public Utilities Code</ns0:DocName>
, to read:
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<ns0:Num>25059.</ns0:Num>
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(a)
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This chapter shall not displace or supplant the requirements of Chapter 3 (commencing with Section 3610) of Division 4.5 of Title 1 of the Government Code, and the impasse resolution and injunctive relief procedures provided for pursuant to Sections 3612 to 3614, inclusive, of the Government Code shall remain exclusive.
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<html:p>
(b)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
An exclusive representative for employees of the district may select to move one or more of its represented bargaining units to the jurisdiction of the Public Employment Relations Board for unfair practice charges. A selection for Public Employment Relations Board jurisdiction pursuant to this paragraph with regard to a bargaining unit shall be irrevocable for that unit. The exclusive
representative shall file notification of such a selection with the general counsel of the Public Employment Relations Board, or a designee, and serve one or more of the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
The general manager, chief executive officer, or the equivalent, of the district.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The general legal counsel, or the equivalent, of the district.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
The district, pursuant to applicable regulations.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
If a selection is made pursuant to paragraph (1) for Public Employment Relations Board jurisdiction over unfair practice charges, the initial determination as to whether the charge of unfair practice is justified and, if so, the appropriate remedy necessary to effectuate the purposes of this chapter, is a matter within the exclusive jurisdiction of the Public
Employment Relations Board, except that in an action to recover damages due to an unlawful strike, the Public Employment Relations Board shall not award strike-preparation expenses as damages and shall not award damages for costs, expenses, or revenue losses incurred during, or as a consequence of, an unlawful strike.
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<ns0:BillSection id="id_3233BE7D-36F7-45F3-B4E5-CC256F413A64">
<ns0:Num>SEC. 3.</ns0:Num>
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Section 25060 is added to the
<ns0:DocName>Public Utilities Code</ns0:DocName>
, to read:
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<ns0:Num>25060.</ns0:Num>
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<html:p>The district shall give reasonable written notice to an exclusive representative of its intent to make any change to matters within the scope of representation of the employees represented by the exclusive representative for purposes of providing the exclusive representative a reasonable amount of time to negotiate with the district regarding the proposed changes.</html:p>
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<ns0:Num>SEC. 4.</ns0:Num>
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Section 25061 is added to the
<ns0:DocName>Public Utilities Code</ns0:DocName>
, to read:
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<ns0:LawSection id="id_C9D1E803-446B-43B8-8C28-3726D6FD9FE0">
<ns0:Num>25061.</ns0:Num>
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<html:p>
(a)
<html:span class="EnSpace"/>
Any charging party, respondent, or intervenor aggrieved by a final decision or order of the Public Employment Relations Board in an unfair practice case, except a decision of that board not to issue a complaint in such a case, may petition for a writ of extraordinary relief from that decision or order.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
A petition for a writ of extraordinary relief shall be filed in the district court of appeal having jurisdiction over any county in which the district operates. The petition shall be filed within 30 days from the date of the issuance of the Public Employment Relations Board’s final decision or order, or order denying reconsideration, as applicable. Upon the filing of the petition, the court shall cause notice to be served upon the Public
Employment Relations Board and thereafter shall have jurisdiction of the proceeding. The Public Employment Relations Board shall file in the court the record of the proceeding, certified by that board, within 10 days after the clerk’s notice unless that time is extended by the court for good cause shown. The court shall have jurisdiction to grant any temporary relief or restraining order it deems just and proper, and in like manner to make and enter a decree enforcing, modifying, and enforcing as modified, or setting aside in whole or in part, the decision or order of the Public Employment Relations Board. The findings of the Public Employment Relations Board with respect to questions of fact, including ultimate facts, if supported by substantial evidence on the record considered as a whole, shall be conclusive. Title 1 (commencing with Section 1067) of Part 3 of the Code of Civil Procedure relating to writs shall, except where specifically superseded by this section, apply to proceedings pursuant to this
section.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
If the time to petition for extraordinary relief from a Public Employment Relations Board decision or order has expired, the Public Employment Relations Board may seek enforcement of any final decision or order in a district court of appeal or superior court having jurisdiction over the county where the events giving rise to the decision or order occurred. The Public Employment Relations Board shall respond within 10 days to any inquiry from a party to the action as to why the Public Employment Relations Board has not sought court enforcement of the final decision or order. If the response does not indicate that there has been compliance with the Public Employment Relations Board’s final decision or order, the Public Employment Relations Board shall seek enforcement of the final decision or order upon the request of the party. The Public Employment Relations Board shall file in the court the record of the proceeding, certified by
that board, and appropriate evidence disclosing the failure to comply with the decision or order. If, after the hearing, the court determines that the order was issued pursuant to the procedures established by the Public Employment Relations Board and that the person or entity refuses to comply with the order, the court shall enforce the order by writ of mandamus or other proper process. The court may not review the merits of the order.
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<ns0:BillSection id="id_4EEEA1BA-5313-474F-896B-19E3602FC8C8">
<ns0:Num>SEC. 5.</ns0:Num>
<ns0:Content>
<html:p>The Legislature finds and declares that a special statute is necessary and that a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique need of the Alameda-Contra Costa Transit District to efficiently and cost-effectively adjudicate unfair labor practice complaints.</html:p>
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<ns0:BillSection id="id_A15FF279-929A-4B33-8BDF-8C693FAD8BD7">
<ns0:Num>SEC. 6.</ns0:Num>
<ns0:Content>
<html:p>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.</html:p>
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