Cal. Code Regs. tit. 8 § 32614

Current through Register 2024 Notice Reg. No. 45, November 8, 2024

Section 32614 - Employer Unfair Practices under SFBART Act

It shall be an unfair practice for the District to do any of the following:

(a) Impose or threaten to impose reprisals on employees, discriminate or threaten to discriminate against employees, or otherwise interfere with, restrain, or coerce employees because of the exercise of rights guaranteed to them by the SFBART Act. As used in this provision, "employee" includes an applicant for employment or reemployment with the District.

(b) Deny to employee organizations rights guaranteed to them by the SFBART Act.

(c) Knowingly provide an exclusive representative with inaccurate information or otherwise fail or refuse to bargain in good faith with an exclusive representative as required by the SFBART Act.

(d) Dominate or interfere with the formation or administration of any employee organization, or contribute financial or other support to it, or in any way encourage employees to join any organization in preference to another.

(e) Fail to exercise good faith while participating in any impasse procedure mutually agreed to, including pursuant to Public Utilities Code Section 28858, subdivision (e), or contained in Chapter 3, Division 4.5, Title 1 of the Government Code (commencing with Government Code section 3611) (Public Transit Labor Disputes Act).

(f) Violate in any way the Public Employees Communication Chapter as contained in Title 1 of the Government Code (commencing with Section 3555), or Section 32610 of these regulations.

(g) Violate in any way the Prohibition on Public Employers Deterring or Discouraging Union Membership as contained in Title 1 of the Government Code (commencing with Section 3550), or Section 32611 of these regulations.

(h) In any other way violate SFBART Act.

Cal. Code Regs. Tit. 8, § 32614

Note: Authority cited: Section 3541.3(g), Government Code; and Section 28849(b), Public Utilities Code. Reference: Sections 3550, 3553, 3555, 3555.5(c), 3556, 3558, 3558.8(a), 3558.8(b), 3558.8(h) and 3611, Government Code; and Sections 28849(b), 28850, 28856, 28857, 28858 and 28860(b), Public Utilities Code.

1. New section filed 6-5-2024; operative 10/1/2024 (Register 2024, No. 23).