Puc

Labor Code section 6906, subdivision (b) requires service as a brakeman before an employee becomes a conductor. Acting on a report by the United Transportation Union (Union), the California Public Utilities Commission (PUC) determined that two railroad companies, Burlington Northern and Santa Fe Railway Company and Union Pacific Railway Company (Railroads), were violating section 6906, subdivision (b). Although the PUC found merit in the Railroads’ assertion that section 6906(b) had been repealed by implication, it ordered the Railroads to comply with the statute because it believed that, pursuant to article HI, section 3.5 of the California Constitution, it could not refuse to enforce section 6906(b). The Railroads petitioned this court for a writ of review, which we issued.

We agree with the PUC that section 6906(b) was repealed by implication. We determine, however, that article HI, section 3.5 does not prevent the PUC from refusing to enforce this statute. Therefore, we annul the PUC’s decision enforcing section 6906(b).

BACKGROUND

The duties of a conductor and brakeman are not defined by statute or regulation. Instead, they are subject to industry practice and…