Arega

Discussion.

FACTUAL AND PROCEDURAL BACKGROUND

A. Cash Handler Foreworker Selection BART Cash Handlers are responsible for collecting, sorting, and counting cash from and performing light maintenance of the automated fare collection equipment located at BART stations. Cash handlers are supervised by a Cash Handler Foreworker (“Foreworker”). Both Cash Handlers and Foreworkers are represented by SEIU Local 1021 (“the union”). There is a labor agreement between BART and the union that governs how BART selects Foreworkers. Pursuant to this Agreement, Foreworkers are selected by a Foreworker Evaluation Committee (“Evaluation Committee”), which is comprised of six persons: three union representatives and three management representatives. During the selection process, a silent observer from the union is also present. A Memorandum of Understanding (“MOU”) specifies eight criteria to be used in Foreworker selection: (1) job-related experience [0-10 points]; (2) supervisory experience [0-10 points]; (3) education [0-5 points]; (4) technical knowledge [0-15 points]; (5) ability to read and write effectively [0-15 points]; (6) ability to effectively communicate verbally [0-15 points];…