California Code of Regulations
Title 8 - Industrial Relations
Division 3 - Public Employment Relations Board
Chapter 1 - Public Employment Relations Board
Subchapter 5 - Unfair Practice Proceedings
Section 32613 - Employer Unfair Practices under OCTDA
Current through Register 2024 Notice Reg. No. 38, September 20, 2024
It shall be an unfair practice for the Authority 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 OCTDA or by any rules or regulations adopted by the Authority pursuant to the OCTDA.
(b) Deny to employee organizations rights guaranteed to them by the OCTDA or by any rules or regulations adopted by the Authority.
(c) Refuse or fail to meet and confer in good faith with an exclusive representative as required by Public Utilities Code Section 40126 or any rules and regulations adopted by the Authority.
(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 40120, 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) Adopt or enforce a rule or regulation not in conformance with Public Utilities Code Sections 40000, et seq.
(g) 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.
(h) 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.
(i) In any other way violate OCTDA or any local rule or regulation adopted by the Authority.
Note: Authority cited: Section 3541.3(g), Government Code; and Section 40122.1(a), 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 40120 and 40122.1, Public Utilities Code.
Note: Authority cited: Sections 3509(a), 3513(h), 3541.3, 3563, 71639.1(b) and 71825(b), Government Code; and Section 99561(f), Public Utilities Code. Reference: Sections 3509, 3513, 3514.5, 3541.3, 3541.5, 3563, 3563.2, 71639.1 and 71825, Government Code; and Sections 99561 and 99561.2, Public Utilities Code.
