Assembly Bill 2224 - Sonoma Marin Area Rail Transit - Home Page

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AB <strong>2224</strong> — 22 —12345678910111213141516171819202122232425262728293031323334353637383940Streets and Highways Code. This recognition shall be maintainedunless changed by mutual agreement of the district and the affectedcollective bargaining representative or the representative isdecertified in accordance with the rules and procedures of thePublic Employee Relations Board for the certification anddecertification of employee representatives.105154. Employees of the district organized pursuant to Part3 (commencing with Section 27000) of Division 16 of the Streetsand Highways Code who transfer to the district and into acollective bargaining unit set forth in Section 105151, shall becredited with any accrued seniority earned at the district fromwhich they have transferred, and shall not suffer a loss in their rateof wages, pension benefits, pension accrual rights, health benefits,retiree health benefits, vacation accrual, or other seniority-basedbenefits, such as job bidding and transfer rights, as a result of theirtransfer to the district.105155. To facilitate implementation of the employee rightsenumerated in this section, the district and the district organizedpursuant to Part 3 (commencing with Section 27000) of Division16 of the Streets and Highways Code may engage in jointcollective bargaining with the accredited representatives of thecollective bargaining units set forth in Section 105151 and thesame or similar collective bargaining units within the districtorganized pursuant to Part 3 (commencing with Section 27000) ofDivision 16 of the Streets and Highways Code to establish uniformwages, health benefits, pension benefits, and other uniform termsand conditions of employment. To maintain continuity of pensionbenefits, the district shall have the right to appoint at least onerepresentative to any joint labor-management retirement boardthat administers a retirement plan in which employees of thedistrict and employees of the district organized pursuant to Part 3(commencing with Section 27000) of Division 16 of the Streetsand Highways Code are participants, provided that an equalnumber of employer and employee representatives on theretirement board is maintained. In addition, the district shall enterinto a reciprocity agreement through the Public Employees’Retirement System (PERS) which recognizes PERS service withthe district organized pursuant to Part 3 (commencing with Section27000) of Division 16 of the Streets and Highways Code of anydistrict employee employed in a collective bargaining unit set forth93
12345678910111213141516171819202122232425262728293031323334353637383940— 23 —AB <strong>2224</strong>in Section 105151 whose members’ pensions are provided throughPERS.Article 3.Rights of Employees of Existing Facilities105160. (a) Whenever the district acquires existing facilitiesfrom a publicly or privately owned utility, either in proceedings byeminent domain or otherwise, to the extent necessary for operationof facilities, all of the employees of the utility whose duties pertainto the facilities acquired who have been employed by the utility forat least 75 days shall be appointed to comparable positions in thedistrict without examination. These employees shall be given sickleave, seniority, and vacation credits in accordance with therecords of the acquired public utility. No employee of any acquiredpublic utility shall suffer any worsening of wages, seniority,pension, vacation, or other benefits by reason of the acquisition.(b) The provisions of this section shall not apply to officers ormanagerial employees of the acquired utility except as designatedby the board.105161. Whenever the district acquires existing facilitiesfrom a publicly or privately owned utility, either in proceedings ineminent domain or otherwise, that has a pension plan in operation,members and beneficiaries of the pension plan shall continue tohave the rights, privileges, benefits, obligations, and status withrespect to the established system. The outstanding obligations andliabilities of the public utility by reason of that pension plan shallbe considered and taken into account and allowance made thereforin the purchase price of the public utility. The persons entitled topension benefits as provided in this section and the benefits that areprovided shall be specified in the agreement or order by which anypublic utility is acquired by the district.Article 4.Retirement System105170. The adoption, terms, and conditions of anyretirement system covering employees of the district in abargaining unit represented by a labor organization shall bepursuant to a collective bargaining agreement between the labororganization and the district. For purposes of this section,‘‘officers’’ does not include members of the board.93
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Assembly Bill 2224 - Sonoma Marin Area Rail Transit - Home Page

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