| Actions |
| 2025-10-07 |
|
Approved by the Governor. |
| 2025-10-07 |
|
Chaptered by Secretary of State - Chapter 454, Statutes of 2025. |
| 2025-09-09 |
|
Enrolled and presented to the Governor at 3 p.m. |
| 2025-09-02 |
|
Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 76. Noes 1. Page 2808.). |
| 2025-08-26 |
|
In Assembly. Concurrence in Senate amendments pending. |
| 2025-08-25 |
|
Read third time. Passed. Ordered to the Assembly. (Ayes 37. Noes 0. Page 2252.). |
| 2025-08-20 |
|
Read second time. Ordered to Consent Calendar. |
| 2025-08-19 |
|
From committee: Be ordered to second reading file pursuant to Senate Rule 28.8 and ordered to Consent Calendar. |
| 2025-07-09 |
|
From committee: Do pass and re-refer to Com. on APPR. with recommendation: To Consent Calendar. (Ayes 13. Noes 0.) (July 8). Re-referred to Com. on APPR. |
| 2025-06-25 |
|
From committee: Do pass and re-refer to Com. on JUD. with recommendation: To Consent Calendar. (Ayes 5. Noes 0.) (June 25). Re-referred to Com. on JUD. |
| 2025-06-13 |
|
From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on L., P.E. & R. |
| 2025-06-11 |
|
In committee: Set, first hearing. Hearing canceled at the request of author. |
| 2025-05-28 |
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From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on L., P.E. & R. |
| 2025-05-21 |
|
Referred to Coms. on L., P.E. & R. and JUD. |
| 2025-05-13 |
|
In Senate. Read first time. To Com. on RLS. for assignment. |
| 2025-05-12 |
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Read third time. Passed. Ordered to the Senate. (Ayes 73. Noes 1. Page 1520.) |
| 2025-05-08 |
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Read second time. Ordered to third reading. |
| 2025-05-07 |
|
From committee: Do pass. (Ayes 15. Noes 0.) (May 7). |
| 2025-04-23 |
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From committee: Do pass and re-refer to Com. on APPR. (Ayes 7. Noes 0.) (April 23). Re-referred to Com. on APPR. |
| 2025-03-17 |
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Referred to Com. on P. E. & R. |
| 2025-03-05 |
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From printer. May be heard in committee April 4. |
| 2025-03-04 |
|
Read first time. To print. |
|
| Last Version Text |
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<ns0:AuthorText authorType="LEAD_AUTHOR">Introduced by Committee on Public Employment and Retirement (Assembly Members McKinnor (Chair), Boerner, Elhawary, Garcia, and Nguyen)</ns0:AuthorText>
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<ns0:Title> An act to add Section 100312 to the Public Utilities Code, relating to public employees.</ns0:Title>
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<ns0:Subject>Santa Clara Valley Transportation Authority: employee relations.</ns0:Subject>
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<html:p>Existing law, the Santa Clara Valley Transportation Authority Act, establishes the Santa Clara Valley Transportation Authority with various powers and duties relative to transportation projects and services and the operation of public transit in the County of Santa Clara.</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 vests PERB with jurisdiction to enforce certain provisions related to the authority’s
employees, over charges of unfair practices for represented authority employees, subject to a selection by an exclusive representative. Existing law, in the case of such a selection, gives PERB jurisdiction over the initial determination as to whether those charges are justified and, if so, the appropriate remedy, subject to certain restrictions.</html:p>
<html:p>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
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<html:p>This bill would make legislative findings and declarations as to the necessity of a special statute for the authority.</html:p>
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Section 100312 is added to the
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, to read:
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(a)
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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.
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(b)
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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 VTA 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
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(c)
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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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<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 Santa Clara Valley Transportation Authority to efficiently and cost effectively adjudicate unfair labor practice complaints.</html:p>
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|
| Last Version Text Digest |
Existing law, the Santa Clara Valley Transportation Authority Act, establishes the Santa Clara Valley Transportation Authority with various powers and duties relative to transportation projects and services and the operation of public transit in the County of Santa Clara. 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 vests PERB with jurisdiction to enforce certain provisions related to the authority’s employees, over charges of unfair practices for represented authority employees, subject to a selection by an exclusive representative. Existing law, in the case of such a selection, gives PERB jurisdiction over the initial determination as to whether those charges are justified and, if so, the appropriate remedy, subject to certain restrictions. 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. This bill would make legislative findings and declarations as to the necessity of a special statute for the authority. |