Labor Relations
SB 1166 (2026): Exclusive Representative Gains PERB Jurisdiction
Updated
Senate Bill 1166, introduced by Senator Arreguín, adds Sections 25058 through 25063 to the Public Utilities Code to govern employee relations at the Alameda–Contra Costa Transit District. The new law lets an exclusive representative place its bargaining units under the jurisdiction of the Public Employment Relations Board for unfair practice charges, defines acts that are unlawful for the district and for employee organizations, and sets out review procedures. It takes effect January 1, 2027.
Background
The Transit District Law establishes the Alameda–Contra Costa Transit District, which operates public transit in Alameda and Contra Costa Counties. Its labor relations have long been governed under the Meyers-Milias-Brown Act, part of the Government Code, which sets rules for collective bargaining between local public agencies and their employees.
The Public Employment Relations Board, established under Government Code section 3541, resolves disputes and enforces statutory rights under several public-sector bargaining laws. SB 1166 extends that machinery to the district by adding Public Utilities Code sections 25058 through 25063, a chapter that a separate legislative finding treats as a special statute meeting the unique needs of the district.
What the Law Changes
Under new Public Utilities Code section 25059, an exclusive representative for district employees may select to move one or more of its bargaining units to the Public Employment Relations Board’s jurisdiction for unfair practice charges. That selection is irrevocable for the unit, and the representative files notice with the board’s general counsel and serves the district. Once selected, the board holds exclusive jurisdiction over the initial determination of whether a charge is justified and the appropriate remedy.
Section 25060 requires the district to give reasonable written notice to an exclusive representative before making any change to matters within the scope of representation, allowing time to negotiate. Sections 25061 and 25062 define unlawful acts, including imposing or threatening reprisals, refusing to meet and negotiate in good faith, and refusing to participate in agreed impasse procedures; section 25062 applies parallel duties to employee organizations.
Section 25063 lets a charging party, respondent, or intervenor aggrieved by a final board decision petition a court of appeal for a writ of extraordinary relief within 30 days, except where the board declines to issue a complaint. If the time to petition has expired, the board may seek court enforcement of its final decision or order.
SB 1166 allows an AC Transit bargaining unit’s exclusive representative to place unfair practice charges under PERB’s exclusive jurisdiction, and it defines unlawful acts by both the district and employee organizations, along with notice, negotiation, and judicial review procedures.
Scope and Limits
The new chapter does not displace the impasse resolution and injunctive relief procedures in Government Code sections 3612 to 3614, which remain exclusive. In an action to recover damages for an unlawful strike, section 25059 bars the board from awarding strike-preparation expenses or damages for costs, expenses, or revenue losses incurred during or as a consequence of the strike.
The provisions apply only to the Alameda–Contra Costa Transit District. The Legislature adopted them as a special statute, and if the Commission on State Mandates finds state-mandated costs, reimbursement follows the standard Government Code procedures.
What This Means for You
SB 1166 gives an AC Transit bargaining unit’s exclusive representative the option to bring unfair practice charges before PERB, and it defines conduct that is unlawful for the district and for employee organizations. It touches labor relations disputes between the transit district and its represented employees.
I write these summaries as general information about developments in California employment law. They are not legal advice and don’t create a mediator–client relationship. For guidance on a specific matter, consult a qualified attorney.