REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200) – Transit District Units

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1309.00000 – REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200)
1309.15000 – Transit District Units

DIR and PERB have held that federal law and practice on supervisory and managerial issues are not relevant to interpreting a transit district enabling act that lacks the NLRA’s statutory language and legislative history excluding those categories. In examining whether supervisors and managers have collective bargaining rights under the Sacramento Regional Transit District Act (Sacramento RTD Act), the Board determined that federal law is not relevant as the Sacramento RTD Act contains neither the NLRA’s explicit exclusion of supervisors nor has a similar legislative history excluding managers. Moreover, past practice further demonstrates that federal law and practice are not relevant, and many supervisory and managerial transit district units in California would be destabilized were PERB to change course and make such a finding. Accordingly, the Board affirmed an SMCS hearing officer’s conclusion that the District’s Superintendents have collective bargaining rights under the Sacramento RTD Act.