§ 100310 Public Employment Relations Board Jurisdiction

(a) This article shall not displace or supplant the requirements of Chapter 3 (commencing with Section 3610) of Division 4.5 of Title 1 of the Government Code, and the impasse resolution and injunctive relief procedures provided for pursuant to Sections 3612 to 3614, inclusive, of the Government Code shall remain exclusive. (b) (1) An exclusive representative for employees of the VTA may select to move one or more of its represented bargaining units to the jurisdiction of the Public Employment Relations Board for unfair practice charges. A selection for Public Employment Relations Board jurisdiction pursuant to this paragraph with regard to a bargaining unit shall be irrevocable for that unit. The exclusive representative shall file notification of such a selection with the general counsel of the Public Employment Relations Board, or a designee, and serve one or more of the following: (A) The general manager, chief executive officer, or the equivalent, of the VTA. (B) The general legal counsel, or the equivalent, of the VTA. (C) The VTA, pursuant to applicable regulations. (2) If a selection is made pursuant to paragraph (1) for Public Employment Relations Board jurisdiction over unfair practice charges, the initial determination as to whether the charge of unfair practice is justified and, if so, the appropriate remedy necessary to effectuate the purposes of this article, is a matter within the exclusive jurisdiction of the Public Employment Relations Board, except that in an action to recover damages due to an unlawful strike, the Public Employment Relations Board shall not award strike-preparation expenses as damages and shall not award damages for costs, expenses, or revenue losses incurred during, or as a consequence of, an unlawful strike. (Added by Stats. 2022, Ch. 789, Sec. 2. (AB 2524) Effective January 1, 2023.)