AB 528: San Francisco Bay Area Rapid Transit District: strikes: prohibition.
- Session Year: 2015-2016
- House: Assembly
- Latest Version Date: 2015-02-23
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 the compensation and benefit 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.
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 the compensation and benefit 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, 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.
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Date
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Status
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|---|---|
| Feb 23, 2015 | Read first time. To print. |
| Feb 24, 2015 | From printer. May be heard in committee March 26. |
| Apr 9, 2015 | Referred to Com. on P.E., R., & S.S. |
| May 6, 2015 | In committee: Testimony taken. Hearing postponed by committee. |
| Jan 6, 2016 | In committee: Set, first hearing. Failed passage. |
| Jan 31, 2016 | Died pursuant to Article IV, Sec. 10(c) of the Constitution. |
| Feb 1, 2016 | From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. |
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Date
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Description
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Location
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Votes
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|---|---|---|---|---|
| Jan 6, 2016 | Do pass. | Assembly Standing Committee on Public Employees, Retirement, and Social Security |
Failed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
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Organization
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Position
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Date
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|---|---|---|
| American Federation of State, County and Municipal Employees | ** Against | Jan 6, 2016 |
| Bay Area Council | ** Support | Jan 6, 2016 |
| California Conference Board Of The Amalgamated Transit Union | ** Against | Jan 6, 2016 |
| California Conference Of Machinists | ** Against | Jan 6, 2016 |
| Innovation Tri-Valley Leadership Group | ** Support | Jan 6, 2016 |
| Jerry T. Thorne, Mayor, City of Pleasanton | ** Support | Jan 6, 2016 |
| Moraga Town Council | ** Support | Jan 6, 2016 |
Discussed in Hearing
Assembly Standing Committee on Public Employees, Retirement, and Social Security
Bill Author
Bill Co-Author(s):