reglab/statecodes huggingface dataset:
California Code of Regulations › Title 8 - Industrial Relations › Division 3 - Public Employment Relations Board › Chapter 1 - Public Employment Relations Board › Subchapter 6 - Representation Proceedings › Article 8 - Public Notice Complaints [Repealed] › Section 32935 - Informal Conference

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Note: Authority cited: Sections 3513(h),
						  3541.3(g),3547(e),
						  3563(f)  and
						  3595(e), Government Code; and Section 99561(f), Public Utilities Code.
						  Reference: Sections 3523,3541.3,
						  3547, 3547.5,
						  3563(g)  and 3595,
						  Government Code; and Sections 99561(g) and 99569, Public Utilities
						  Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 3 - Public Employment Relations Board › Chapter 1 - Public Employment Relations Board › Subchapter 6 - Representation Proceedings › Article 8 - Public Notice Complaints [Repealed] › Section 32940 - Withdrawal of Complaint

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Note: Authority cited: Sections 3513(h),
						  3541.3(g),3547(e),
						  3563(f)  and 3595,
						  Government Code; and Section 99561(f), Public Utilities Code. Reference:
						  Sections 3523,3541.3(h),
						  3547, 3547.5,
						  3563(g)  and 3595,
						  Government Code; and Section 99569, Public Utilities
						  Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 3 - Public Employment Relations Board › Chapter 1 - Public Employment Relations Board › Subchapter 6 - Representation Proceedings › Article 8 - Public Notice Complaints [Repealed] › Section 32945 - EERA or HEERA Hearing

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Note: Authority cited: Sections 3541.3(g),
						  3547(e),3563(f)  and
						  3595(e), Government Code. Reference: Sections 3541.3(h), 3547,3563(g)
						   and 3595, Government
						  Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 3 - Public Employment Relations Board › Chapter 1 - Public Employment Relations Board › Subchapter 6 - Representation Proceedings › Article 8 - Public Notice Complaints [Repealed] › Section 32950 - Filing Exceptions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Note: Authority cited: Sections 3513(h),
						  3541.3(g),3547(e),
						  3563(f)  and
						  3595(e), Government Code; and Section 99561(f), Public Utilities Code.
						  Reference: Sections 3523,3541.3(h),
						  3547, 3547.5,
						  3563(g)  and 3595,
						  Government Code; Section 99569, Public Utilities Code; and Firefighters Union,
						  Local 1186 v. City of Vallejo (1974) 12 Cal.3d
						  608..
California Code of Regulations › Title 8 - Industrial Relations › Division 3 - Public Employment Relations Board › Chapter 1 - Public Employment Relations Board › Subchapter 6 - Representation Proceedings › Article 8 - Public Notice Complaints [Repealed] › Section 32955 - Notice of EERA or HEERA Hearing

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Note: Authority cited: Sections 3513(h),
						  3541.3(g),3547(e),
						  3563(f)  and
						  3595(e), Government Code. Reference: Sections 3523, 3541.3(h),3547, 3547.5,
						  3563(g)  and 3595,
						  Government Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 3 - Public Employment Relations Board › Chapter 1 - Public Employment Relations Board › Subchapter 6 - Representation Proceedings › Article 8 - Public Notice Complaints [Repealed] › Section 32960 - Posting Notice of EERA or HEERA Hearing

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Note: Authority cited: Sections 3513(h),
						  3541.3(g),3547(e),
						  3563(f)  and
						  3595(e), Government Code. Reference: Sections 3523, 3541.3(h),3547, 3547.5,
						  3563(g)  and 3595,
						  Government Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 3 - Public Employment Relations Board › Chapter 1 - Public Employment Relations Board › Subchapter 6 - Representation Proceedings › Article 8 - Public Notice Complaints [Repealed] › Section 32965 - Filing of Copies of Policy of EERA or HEERA Employers

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Note: Authority cited: Sections 3541.3(g),
						  3547(e),3563(f)  and
						  3595(c), Government Code. Reference: Sections 3541.3(h), 3547,3563(g)
						   and 3595, Government
						  Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 3 - Public Employment Relations Board › Chapter 1 - Public Employment Relations Board › Subchapter 7 - Compliance › Article 1 - Compliance › Section 32980 - Compliance

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 The General Counsel is responsible for determining that parties have complied
					 with final Board orders. The General Counsel or his/her designate may conduct
					 an inquiry, informal conference, investigation, or hearing, as appropriate,
					 concerning any compliance matter. The Board itself may, based on a
					 recommendation of the General Counsel, authorize the General Counsel to seek
					 court enforcement of a final Board order.
(b) If an administrative decision based on an
					 investigation is issued, the decision may be appealed to the Board itself
					 pursuant to Chapter 1, Subchapter 4, Article 3 of these regulations.
(c) If a proposed decision based on a hearing
					 is issued, the decision may be appealed to the Board itself pursuant to Chapter
					 1, Subchapter 4, Article 2 of these regulations.
Note: Authority cited: Sections 3509(a), 3513,
						  3524.52(a), 3541.3, 3551(a), 3555.5(c), 3563, 71639.1(b) and 71825(b),
						  Government Code; and Sections 28849(b), 40122.1(a), 99561(f) and 102399(b),
						  Public Utilities Code. Reference: Sections 3509, 3509.5, 3514.5(c), 3520,
						  3524.52(a), 3524.55(c), 3524.73, 3541.5(c), 3542, 3551(a), 3555.5(c), 3563.3,
						  3564, 71639.1, 71639.4, 71825 and 71825.1, Government Code; Sections 28849(b),
						  28860(b), 40122.1, 99561.3, 99562, 102399(b) and 102408(b)(2), Public Utilities
						  Code; and Firefighters Union, Local 1186 v. City of Vallejo (1974) 12 Cal.3d
						  608.
Note: Authority cited: Sections
						  3509(a),
						  3513,
						  3524.52(a),
						  3541.3,
						  3551(a),
						  3555.5(c),
						  3563,
						  71639.1(b)
						  and
						  71825(b),
						  Government Code; and Section
						  99561(f),
						  Public Utilities Code. Reference: Sections
						  3509,
						  3509.5,
						  3514.5(c),
						  3520,
						  3524.52(a),
						  3524.55(c),
						  3524.73,
						  3541.5(c),
						  3542,
						  3551(a),
						  3555.5(c),
						  3563.3,
						  3564,
						  71639.1,
						  71639.4,
						  71825 and
						  71825.1,
						  Government Code; and Sections
						  99561.3
						  and
						  99562,
						  Public Utilities Code; and Firefighters Union, Local 1186 v. City of Vallejo
						  (1974) 12 Cal.3d 608.
California Code of Regulations › Title 8 - Industrial Relations › Division 3 - Public Employment Relations Board › Chapter 1 - Public Employment Relations Board › Subchapter 9 - State Mediation and Conciliation Service › Article 1 - Services › Section 32998 - Reimbursement for Services

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Facilitation services, as defined herein
					 shall be reimbursed at the rate of one hundred and fifteen dollars ($115.00)
					 per hour, prorated for each quarter hour of work that is less than a full hour.
					 The actual time charged shall begin when a mediator commences providing such
					 services, and shall include travel time not to exceed two hours in one
					 direction or a total of four hours per day, and time spent with the parties,
					 and shall continue until the services are completed.
(1) Facilitation services include mediation
					 of workplace disputes and conflict resolution processes not covered by
					 collective bargaining. Facilitation services do not include mediation services
					 resulting from certification of impasse by the Board, mediation under
					 Government Code section
					 3611,
					 mediation of collective bargaining disputes in which the parties have bargained
					 to impasse, or near impasse, and have requested mediation, or mediation of
					 grievances arising under a collective bargaining agreement or memorandum of
					 understanding.
(2) SMCS shall bill
					 the parties for facilitation after completion of the work. The matter of which
					 party or parties will be responsible for reimbursement of SMCS will be
					 determined between or among the parties and will be recorded in a memorandum of
					 agreement signed by all parties. The cost of representation services shall be
					 split equally between or among the parties unless otherwise agreed to by the
					 parties as permitted by law.
California Code of Regulations › Title 8 - Industrial Relations › Division 3 - Public Employment Relations Board › Chapter 1 - Public Employment Relations Board › Subchapter 9 - State Mediation and Conciliation Service › Article 2 - Elections › Section 32999 - Elections

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The provisions
					 of this Article are applicable whenever SMCS conducts representation pursuant
					 to the local rules of an MMBA, Trial Court Act or Court Interpreter Act
					 employer. These provisions, however, do not apply to elections conducted by the
					 Office of the General Counsel pursuant to Section
					 32720.
(b) SMCS shall conduct such elections only
					 pursuant to a Consent Election Agreement entered into by all parties and SMCS.
					 The term "Consent Election Agreement" means either an agreement by the parties
					 as to the time, place and manner of an election, or an agreement by the parties
					 that authorizes the election supervisor assigned by SMCS to determine the time,
					 place and manner of the election.
1. New
						article 2 (sections
						32999-33013) and section filed
						8-19-2013; operative 10-1-2013 (Register 2013, No. 34).
2. Change
						without regulatory effect amending subsection (a) filed 7-31-2019 pursuant to
						section 100, title 1, California Code of
						Regulations (Register 2019, No. 31).
3. Amendment of subsection (a)
						filed 10-20-2021; operative 1-1-2022 (Register 2021, No. 43). Filing deadline
						specified in Government Code section
						11349.3(a)
						extended 60 calendar days pursuant to Executive Order
						N-40-20.
Note: Authority cited: Sections
						  3509(a),
						  3541.3(g),
						  3541.3(n),
						  3600,
						  3603(a),
						  71639.1(b)
						  and
						  71825(b),
						  Government Code. Reference: Sections
						  3502.5(b),
						  3502.5(d),
						  3507.1(c),
						  71632.5(c),
						  71636.3
						  and
						  71814(c),
						  Government Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 3 - Public Employment Relations Board › Chapter 1 - Public Employment Relations Board › Subchapter 9 - State Mediation and Conciliation Service › Article 2 - Elections › Section 33000 - Ballots

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) All elections
					 shall be conducted by secret ballot under the supervision of SMCS.
(b) Ballots shall be prepared under the
					 supervision of SMCS. The order of voting choices and the wording of each ballot
					 entry shall be determined by SMCS in the absence of an agreement by the
					 parties.
(c) Except in the case of
					 a runoff election, the ballot entry of "No Organization" or "No Representation"
					 shall appear on each ballot in a representation election.
(d) At any time prior to issuance of the
					 notice of election (pursuant to section
					 33003), an employee organization
					 may file a request with SMCS to have its name removed from the ballot. The
					 request shall disclaim any interest in representing the employees in the
					 described unit. Service and proof of service of the request pursuant to Section
					 32140 are required.
1. New
						section filed 8-19-2013; operative 10-1-2013 (Register 2013, No. 34). For prior
						history, see Register 85, No. 26.
Note: Authority cited: Sections
						  3509(a),
						  3541.3(g),
						  3541.3(n),
						  3600,
						  3603(a),
						  71639.1(b)
						  and
						  71825(b),
						  Government Code. Reference: Sections
						  3502.5(b),
						  3502.5(d),
						  3507.1(a),
						  3507.1(c),
						  71632.5(c),
						  71636.3
						  and
						  71814(c),
						  Government Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 3 - Public Employment Relations Board › Chapter 1 - Public Employment Relations Board › Subchapter 9 - State Mediation and Conciliation Service › Article 2 - Elections › Section 33001 - Parties

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
"Parties" means the MMBA, Trial Court Act, or Court
						Interpreter Act employer, the employee organization which is the exclusive
						representative of employees in the voting unit, any employee organization
						eligible to appear on the ballot in a representation election, or any group of
						employees which has filed a valid petition pursuant to local rules of the
						employer.
1. New
						section filed 8-19-2013; operative 10-1-2013 (Register 2013, No.
						34).
Note: Authority cited: Sections
						  3509(a),
						  3541.3(g),
						  3541.3(n),
						  3600,
						  3603(a),
						  71639.1(b)
						  and
						  71825(b),
						  Government Code. Reference: Sections
						  3501,
						  71601 and
						  71801,
						  Government Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 3 - Public Employment Relations Board › Chapter 1 - Public Employment Relations Board › Subchapter 9 - State Mediation and Conciliation Service › Article 2 - Elections › Section 33002 - Stay of Election

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 Any party to an SMCS-conducted election may request that the Board stay the
					 election pending the resolution of an unfair practice charge relating to the
					 voting unit upon an investigation and a finding that alleged unlawful conduct
					 would so affect the election process as to prevent the employees from
					 exercising free choice.
(b) A
					 request for a stay of an election shall be filed with the appropriate regional
					 office, in accordance with Sections
					 32075 and
					 32115. Service and proof of service
					 pursuant to Section
					 32140 are required.
(c) Any determination to stay an election
					 made by the Board pursuant to this section may be appealed to the Board itself
					 in accordance with the provisions of Chapter 1, Subchapter 4, Article 3 of
					 these regulations.
1. New
						section filed 8-19-2013; operative 10-1-2013 (Register 2013, No.
						34).
2. Amendment of subsection (b) filed 1-14-2021; operative
						2-15-2021 pursuant to Government Code section
						11343.4(b)(3)
						(Register 2021, No. 3).
Note: Authority cited: Sections
						  3509(a),
						  3541.3(g),
						  3541.3(n),
						  3600,
						  3603(a),
						  71639.1(b)
						  and
						  71825(b),
						  Government Code. Reference: Sections
						  3502.5(b),
						  3502.5(d),
						  3507.1(c),
						  71632.5(c),
						  71636.3
						  and
						  71814(c),
						  Government Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 3 - Public Employment Relations Board › Chapter 1 - Public Employment Relations Board › Subchapter 9 - State Mediation and Conciliation Service › Article 2 - Elections › Section 33003 - Notice of Election

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
SMCS shall provide a notice of election to the parties.
						The notice shall contain a sample ballot, a description of the voting unit, and
						information regarding the balloting process. Unless otherwise agreed by the
						parties, the employer shall post such notice conspicuously on all employee
						bulletin boards in each facility of the employer in which members of the
						described unit are employed. The posting shall be accomplished by the date
						specified in the Consent Election Agreement. The notice shall remain posted
						through the final day for casting ballots.
1. New
						section filed 8-19-2013; operative 10-1-2013 (Register 2013, No.
						34).
Note: Authority cited: Sections
						  3509(a),
						  3541.3(g),
						  3541.3(n),
						  3600,
						  3603(a),
						  71639.1(b)
						  and
						  71825(b),
						  Government Code. Reference: Sections
						  3502.5(b),
						  3502.5(d),
						  3507.1(c),
						  71632.5(c),
						  71636.3
						  and
						  71814(c),
						  Government Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 3 - Public Employment Relations Board › Chapter 1 - Public Employment Relations Board › Subchapter 9 - State Mediation and Conciliation Service › Article 2 - Elections › Section 33004 - List of Voters

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) At
					 a date established by the Consent Election Agreement, the employer shall submit
					 to the election supervisor assigned by SMCS a list of names of all employees
					 included in the voting unit as of the cutoff date for voter eligibility. Unless
					 otherwise directed by SMCS, the voter list for an on-site election shall be in
					 alphabetical order by assigned polling site and shall include the job title or
					 classification, work location and home address of each eligible voter. Unless
					 otherwise directed by SMCS, the voter list for a mailed ballot election shall
					 be in alphabetical order and include the job title or classification and home
					 address of each eligible voter, and shall be accompanied by two sets of name
					 and home address labels for each eligible voter. The election supervisor may
					 require that the voter list be submitted in an electronic format.
(b) The list of eligible voters which
					 contains a mailing address for each eligible voter shall be concurrently served
					 by the employer on each other party to the election. For purposes of this
					 subsection, mailing address means the home address of each eligible voter,
					 except in the case where the release of the home address of the employee is
					 prohibited by law.
(c) Any party
					 which receives the mailing addresses of eligible voters pursuant to this
					 section shall keep these addresses confidential and shall neither distribute
					 them to any other organization or individual nor utilize them for any other
					 purpose.
1. New
						section filed 8-19-2013; operative 10-1-2013 (Register 2013, No.
						34).
Note: Authority cited: Sections
						  3509(a),
						  3541.3(g),
						  3541.3(n),
						  3600,
						  3603(a),
						  71639.1(b)
						  and
						  71825(b),
						  Government Code. Reference: Sections
						  3502.5(b),
						  3502.5(d),
						  3507.1(c),
						  71632.5(c),
						  71636.3
						  and
						  71814(c),
						  Government Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 3 - Public Employment Relations Board › Chapter 1 - Public Employment Relations Board › Subchapter 9 - State Mediation and Conciliation Service › Article 2 - Elections › Section 33005 - Voter Eligibility

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Unless otherwise agreed by the parties, to be eligible to
						vote in an election, employees must be employed in the voting unit as of the
						cutoff date for voter eligibility, and still employed on the date they cast
						their ballots in the election. Employees who are ill, on vacation, on leave of
						absence or sabbatical, temporarily laid off, and employees who are in the
						military service of the United States shall be eligible to vote. Mailed ballots
						may be utilized to maximize the opportunity of such voters to cast their
						ballots.
1. New
						section filed 8-19-2013; operative 10-1-2013 (Register 2013, No.
						34).
Note: Authority cited: Sections
						  3509(a),
						  3541.3(g),
						  3541.3(n),
						  3600,
						  3603(a),
						  71639.1(b)
						  and
						  71825(b),
						  Government Code. Reference: Sections
						  3502.5(b),
						  3502.5(d),
						  3507.1(c),
						  71632.5(c),
						  71636.3
						  and
						  71814(c),
						  Government Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 3 - Public Employment Relations Board › Chapter 1 - Public Employment Relations Board › Subchapter 9 - State Mediation and Conciliation Service › Article 2 - Elections › Section 33006 - Challenges

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) In an on-site
					 election, an authorized observer of any party to the election may challenge,
					 for good cause, the eligibility of a voter. A person so challenged shall be
					 permitted to cast a challenged ballot.
(b) In a mailed ballot election, an
					 authorized agent of any party to the election may challenge, for good cause,
					 the eligibility of a voter. Such challenges shall be made prior to the opening
					 of ballot envelopes.
(c) When
					 sufficient in number to affect the outcome of the election, unresolved
					 challenges shall be resolved in accordance with Section
					 33008, unless the Consent Election
					 Agreement provides otherwise.
1. New
						section filed 8-19-2013; operative 10-1-2013 (Register 2013, No.
						34).
Note: Authority cited: Sections
						  3509(a),
						  3541.3(g),
						  3541.3(n),
						  3600,
						  3603(a),
						  71639.1(b)
						  and
						  71825(b),
						  Government Code. Reference: Sections
						  3502.5(b),
						  3502.5(d),
						  3507.1(c),
						  71632.5(c),
						  71636.3
						  and
						  71814(c),
						  Government Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 3 - Public Employment Relations Board › Chapter 1 - Public Employment Relations Board › Subchapter 9 - State Mediation and Conciliation Service › Article 2 - Elections › Section 33007 - Tally of Ballots

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 Each party shall be allowed to station an authorized agent at the ballot count
					 to verify the tally of ballots.
(b)
					 At the conclusion of the counting of ballots, SMCS shall serve a tally of the
					 ballots on each party.
(c) Unless
					 otherwise authorized by statute, a majority of the valid votes cast shall
					 determine the outcome of the election.
1. New
						section filed 8-19-2013; operative 10-1-2013 (Register 2013, No.
						34).
Note: Authority cited: Sections
						  3509(a),
						  3541.3(g),
						  3541.3(n),
						  3600,
						  3603(a),
						  71639.1(b)
						  and
						  71825(b),
						  Government Code. Reference: Sections
						  3502.5(b),
						  3502.5(d),
						  3507.1(a),
						  3507.1(c),
						  71632.5(c),
						  71636.3
						  and
						  71814(c),
						  Government Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 3 - Public Employment Relations Board › Chapter 1 - Public Employment Relations Board › Subchapter 9 - State Mediation and Conciliation Service › Article 2 - Elections › Section 33008 - Resolution of Challenges

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
When the tally of ballots discloses that challenged
						ballots are sufficient in number to affect the outcome of the election, unless
						the Consent Election Agreement provides for an alternative procedure, the Board
						shall conduct an investigation and, where appropriate, conduct a hearing or
						take such other action as deemed necessary to determine the eligibility of the
						challenged voters. Any determination made by a Board agent pursuant to this
						Section may be appealed to the Board itself in accordance with the provisions
						of Chapter 1, Subchapter 4, Article 2 or 3 of these regulations, as
						appropriate.
1. New
						section filed 8-19-2013; operative 10-1-2013 (Register 2013, No.
						34).
Note: Authority cited: Sections
						  3509(a),
						  3541.3(g),
						  3541.3(n),
						  3600,
						  3603(a),
						  71639.1(b)
						  and
						  71825(b),
						  Government Code. Reference: Sections
						  3502.5(b),
						  3502.5(d),
						  3507.1(c),
						  71632.5(c),
						  71636.3
						  and
						  71814(c),
						  Government Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 3 - Public Employment Relations Board › Chapter 1 - Public Employment Relations Board › Subchapter 9 - State Mediation and Conciliation Service › Article 2 - Elections › Section 33009 - Objections

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 Within 10 days following the service of the tally of ballots, any party to the
					 election may file with the Board, at the appropriate regional office,
					 objections to the conduct of the election. Any objections must be filed within
					 the 10-day time period whether or not a runoff election is necessary or
					 challenged ballots are sufficient in number to affect the results of the
					 election.
(b) Service and proof of
					 service of the objections pursuant to Section
					 32140 are required.
(c) Objections shall be entertained by the
					 Board only on the following grounds:
(1) The
					 conduct complained of interfered with the employees' right to freely choose a
					 representative, or
(2) Serious
					 irregularity in the conduct of the election.
California Code of Regulations › Title 8 - Industrial Relations › Division 3 - Public Employment Relations Board › Chapter 1 - Public Employment Relations Board › Subchapter 9 - State Mediation and Conciliation Service › Article 2 - Elections › Section 33010 - Powers and Duties of Board Agent Concerning Objections

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Concerning objections, a Board agent has the power
						to:
(a) Direct any party to submit
					 evidence through declarations or documents;
(b) Order the inspection of documents by
					 Board agents or the parties;
(c)
					 Direct any party to submit an offer of proof;
(d) Obtain declarations from witnesses based
					 on personal knowledge;
(e) Conduct
					 investigatory conferences with the parties to explore and resolve factual or
					 legal issues;
(f) Dismiss any
					 objections which, after investigation, do not warrant setting aside the
					 election. Any such dismissal is appealable to the Board itself pursuant to
					 Chapter 1, Subchapter 4, Article 3 of these regulations.
(g) Issue a written determination setting
					 aside the election when, after investigation, it appears that such action is
					 warranted, and that no material factual disputes exist. Such determination
					 shall be in writing and served on the parties. Any such determination is
					 appealable to the Board itself pursuant to Chapter 1, Subchapter 4, Article 3
					 of these regulations.
(h) Schedule
					 a hearing when substantial and material factual disputes exist. Any hearing
					 shall be limited to the issues set forth in the notice of hearing.
1. New
						section filed 8-19-2013; operative 10-1-2013 (Register 2013, No.
						34).
Note: Authority cited: Sections
						  3509(a),
						  3541.3(g),
						  3541.3(n),
						  3600,
						  3603(a),
						  71639.1(b)
						  and
						  71825(b),
						  Government Code. Reference: Sections
						  3502.5(b),
						  3502.5(d),
						  3507.1(c),
						  71632.5(c),
						  71636.3
						  and
						  71814(c),
						  Government Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 3 - Public Employment Relations Board › Chapter 1 - Public Employment Relations Board › Subchapter 9 - State Mediation and Conciliation Service › Article 2 - Elections › Section 33011 - Withdrawal of Objections

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Any party may withdraw its objections to an election
						prior to a final decision by the Board.
1. New
						section filed 8-19-2013; operative 10-1-2013 (Register 2013, No.
						34).
Note: Authority cited: Sections
						  3509(a),
						  3541.3(g),
						  3541.3(n),
						  3600,
						  3603(a),
						  71639.1(b)
						  and
						  71825(b),
						  Government Code. Reference: Sections
						  3502.5(b),
						  3502.5(d),
						  3507.1(c),
						  71632.5(c),
						  71636.3
						  and
						  71814(c),
						  Government Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 3 - Public Employment Relations Board › Chapter 1 - Public Employment Relations Board › Subchapter 9 - State Mediation and Conciliation Service › Article 2 - Elections › Section 33012 - Hearings on Objections and Challenges

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Objections to the conduct of an election which have not
						been dismissed pursuant to Section
						33009(g) or
						33010(f), or
						unresolved challenged ballots sufficient in number to affect the outcome of the
						election, may be resolved through the hearing procedures described in Chapter
						1, Subchapter 3 (commencing with Section
						32165) of these
						regulations.
1. New
						section filed 8-19-2013; operative 10-1-2013 (Register 2013, No.
						34).
Note: Authority cited: Sections
						  3509(a),
						  3541.3(g),
						  3541.3(n),
						  3600,
						  3603(a),
						  71639.1(b)
						  and
						  71825(b),
						  Government Code. Reference: Sections
						  3502.5(b),
						  3502.5(d),
						  3507.1(c),
						  71632.5(c),
						  71636.3
						  and
						  71814(c),
						  Government Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 3 - Public Employment Relations Board › Chapter 1 - Public Employment Relations Board › Subchapter 9 - State Mediation and Conciliation Service › Article 2 - Elections › Section 33013 - Exception to Decision on Objections or Challenges

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Exceptions to a Board agent's proposed decision on
						objections to the conduct of the election or challenged ballots may be taken in
						accordance with the procedures set forth in Chapter 1, Subchapter 4, Article 2
						(commencing with Section
						32300) of these regulations.
1. New
						section filed 8-19-2013; operative 10-1-2013 (Register 2013, No.
						34).
Note: Authority cited: Sections
						  3509(a),
						  3541.3(g),
						  3541.3(n),
						  3600,
						  3603(a),
						  71639.1(b)
						  and
						  71825(b),
						  Government Code. Reference: Sections
						  3502.5(b),
						  3502.5(d),
						  3507.1(c),
						  71632.5(c),
						  71636.3
						  and
						  71814(c),
						  Government Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 3 - Public Employment Relations Board › Chapter 1 - Public Employment Relations Board › Subchapter 10 - Interest Arbitration › Article 1 - General Provisions › Section 33014 - Definition of Arbitration Decision

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) An arbitration decision is a decision
					 issued by an Administrative Law Judge or other Board agent following interest
					 arbitration conducted pursuant to Government Code Section
					 3557(b)(4).
(b) An arbitration decision is not:
(1) a proposed decision as set forth in
					 Section 32215, or
(2) an administrative decision as set forth
					 in Section 32350.
California Code of Regulations › Title 8 - Industrial Relations › Division 3 - Public Employment Relations Board › Chapter 1 - Public Employment Relations Board › Subchapter 10 - Interest Arbitration › Article 2 - Services › Section 33014.5 - Reimbursement for Arbitration Services

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Arbitration services provided by a PERB Administrative
						Law Judge or other PERB employee pursuant to Government Code Section
						3557(b)(4)
						shall be reimbursed at the rate of two hundred and eighty dollars ($280.00) per
						hour, prorated for each quarter hour of work that is less than a full hour. The
						actual time charged shall begin when a Board agent commences providing such
						services, shall include travel time and time spent preparing for the
						arbitration, and shall continue until the services are
						completed.
1. New
						article 2 (section
						33014.5) and section filed
						12-27-2019; operative 4-1-2020 (Register 2019, No.
						52).
Note: Authority cited: Sections
						  3541.3,
						  3555.5(c)
						  and
						  3557,
						  Government Code. Reference: Section
						  3557,
						  Government Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 3 - Public Employment Relations Board › Chapter 2 - Educational Employment Relations Act › Subchapter 1 - Representation Proceedings › Article 1 - General Provisions › Section 33015 - Parties

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
"Parties" means the public school employer, the employee
						organization which is the exclusive representative of any employee covered by a
						request, intervention or petition, any employee organization known to have an
						interest in representing any employees as demonstrated by having filed a
						pending request or intervention, or any group of employees which has filed a
						pending petition pursuant to Government Code Section
						3544.3.
1. New
						section filed 1-19-78 as an emergency; effective upon filing (Register 78, No.
						3).
2. Certificate of Compliance filed 5-18-78 (Register 78, No.
						20).
3. Editorial correction of NOTE filed 9-20-82; effective upon
						filing pursuant to Government Code Section
						11346.2(d)
						(Register 82, No. 39).
4. Amendment filed 1-8-99; operative 2-7-99
						(Register 99, No. 2).
5. Change without regulatory effect amending
						section filed 7-31-2019 pursuant to section
						100, title 1, California Code of
						Regulations (Register 2019, No. 31).
Note: Authority cited: Section
						  3541.3(g),
						  Government Code. Reference: Sections
						  3540, et seq., Government
						  Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 3 - Public Employment Relations Board › Chapter 2 - Educational Employment Relations Act › Subchapter 1 - Representation Proceedings › Article 1 - General Provisions › Section 33020 - Window Period

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
"Window period" means the 29-day period established
						pursuant to Government Code Sections
						3544.1(c)
						and
						3544.7(b)(1)
						which is less than 120 days, but more than 90 days, prior to the expiration
						date of a lawful written agreement negotiated by the public school employer and
						the exclusive representative. The written agreement expiration date means the
						last effective date of the agreement. Notwithstanding the provisions of Section
						32130, the date on which the
						written agreement expires shall not be counted for the purpose of computing the
						window period.
1.
						Repealer filed 3-15-78 as an emergency; designated effective 3-20-78 (Register
						78, No. 11).
2. Certificate of Compliance transmitted to OAH
						7-17-78; filed 7-19-78 (Register 78, No. 27).
3. New section filed
						9-21-79; effective thirtieth day thereafter (Register 79, No.
						38).
4. Amendment filed 6-18-80; effective thirtieth day thereafter
						(Register 80, No. 25).
5. Editorial correction of NOTE filed
						9-20-82; effective upon filing pursuant to Government Code Section
						11346.2(d)
						(Register 82, No. 39).
6. Amendment filed 4-11-2006; operative
						5-11-2006 (Register 2006, No. 15).
Note: Authority cited: Section
						  3541.3(g),
						  Government Code. Reference: Sections
						  3544.1(c)
						  and
						  3544.7(b)(1),
						  Government Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 3 - Public Employment Relations Board › Chapter 2 - Educational Employment Relations Act › Subchapter 1 - Representation Proceedings › Article 2 - Request for Recognition and Intervention › Section 33060 - Posting Notice of Request for Recognition

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The employer shall post a notice of the
					 request for recognition as soon as possible but in no event later than 10 days
					 following receipt of the request.
(b) The notice shall be posted conspicuously
					 on all employee bulletin boards in each facility of the employer in which
					 members of the unit claimed to be appropriate are employed.
(c) The notice shall remain posted for 15
					 workdays.
(d) The notice shall
					 consist of a copy of the request for recognition with the appropriate portion
					 of the form completed by the employer prior to posting.
(e) The employer shall serve a copy of the
					 notice on the regional office and on the parties concurrent with the posting of
					 the notice.
1.
						Amendment filed 1-19-78 as an emergency; effective upon filing (Register 78,
						No. 3).
2. Certificate of Compliance filed 5-18-78 (Register 78, No.
						20).
3. Amendment filed 6-18-80; effective thirtieth day thereafter
						(Register 80, No. 25).
4. Amendment filed 9-20-82; effective upon
						filing pursuant to Government Code Section
						11346.2(d)
						(Register 82, No. 39).
5. Change without regulatory effect amending
						subsection (d) filed 8-7-95 pursuant to section
						100, title 1, California Code of
						Regulations (Register 95, No. 32).
6. Editorial correction of NOTE
						(Register 96, No. 52).
Note: Authority cited: Section
						  3541.3(g),
						  Government Code. Reference: Sections
						  3541.3(l)
						  and
						  3544,
						  Government Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 3 - Public Employment Relations Board › Chapter 2 - Educational Employment Relations Act › Subchapter 1 - Representation Proceedings › Article 2 - Request for Recognition and Intervention › Section 33070 - Intervention

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Except as
					 provided in Section
					 33700, an intervention by an
					 employee organization shall be filed with the employer within 15 workdays
					 following posting of the request for recognition. A copy of the intervention
					 shall be filed concurrently with the regional office. The intervention shall be
					 signed by an authorized agent of the employee organization and be on a form
					 provided by the Board.
(b) Proof of
					 at least 30 percent support in the unit claimed to be appropriate shall be
					 filed with the regional office concurrently with the filing of the
					 intervention. Proof of support is defined in Chapter 1, Section
					 32700 of these
					 regulations.
(c) Concurrent with
					 the filing of the intervention, the employee organization shall serve a copy of
					 the intervention, excluding the proof of support, on the parties and the
					 regional office. Proof of service pursuant to Section
					 32140 is required.
1.
						Amendment filed 1-1-78 as an emergency; effective upon filing (Register 78, No.
						3).
2. Certificate of Compliance filed 5-18-78 (Register 78, No.
						20).
3. Amendment of subsection (b) filed 12-31-79 as an emergency;
						effective upon filing (Register 80, No. 1). A Certificate of Compliance must be
						filed within 120 days or emergency language will be repealed on
						4-30-80.
4. Repealed by operation of Section
						11422.1(c),
						Government Code (Register 80, No. 21).
5. Amendment of subsection
						(b) filed 5-21-80 as an emergency; effective upon filing (Register 80, No. 21).
						A Certificate of Compliance must be filed within 120 days or emergency language
						will be repealed on 9-19-80.
6. Certificate of Compliance filed
						6-18-80 (Register 80, No. 25).
7. Amendment filed 6-18-80; effective
						thirtieth day thereafter (Register 80, No. 25).
8. Amendment filed
						9-20-82; effective upon filing pursuant to Government Code Section
						11346.2(d)
						(Register 82, No. 39).
9. Change without regulatory effect amending
						subsection (b) filed 3-22-95 pursuant to section
						100, title 1, California Code of
						Regulations (Register 95, No. 12).
Note: Authority cited: Section
						  3541.3(g),
						  Government Code. Reference: Section
						  3544.1(b),
						  Government Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 3 - Public Employment Relations Board › Chapter 2 - Educational Employment Relations Act › Subchapter 1 - Representation Proceedings › Article 2 - Request for Recognition and Intervention › Section 33075 - Determination of Showing of Support

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Within 20 calendar days of the date of
					 receipt of the request, unless otherwise directed by the Regional Director, the
					 employer shall file with the regional office an alphabetical list, including
					 job titles or classifications, of employees employed in the claimed unit on the
					 date the request for recognition was filed with the employer.
(b) If, after initial determination, the
					 showing is insufficient the Regional Director may allow up to 10 calendar days
					 to perfect the showing of support.
(c) Upon completion of the review of the
					 showing of support, the regional director shall inform the parties in writing
					 of the determination as to sufficiency or lack thereof regarding the showing of
					 support.
1. New
						section filed 1-19-78 as an emergency; effective upon filing (Register 78, No.
						3).
2. Certificate of Compliance filed 5-18-78 (Register 78, No.
						20).
3. Editorial correction filed 9-20-82; effective upon filing
						pursuant to Government Code Section
						11346.2(d)
						(Register 82, No. 39).
Note: Authority cited: Section
						  3541.3(g),
						  Government Code. Reference: Sections
						  3541.3(l)
						  and
						  3544,
						  Government Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 3 - Public Employment Relations Board › Chapter 2 - Educational Employment Relations Act › Subchapter 1 - Representation Proceedings › Article 2 - Request for Recognition and Intervention › Section 33080 - Posting of Notice of Intervention

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The employer shall post a notice of the
					 intervention as soon as possible but in no event later than 10 days following
					 receipt of the intervention.
(b)
					 The notice shall be posted conspicuously on all employee bulletin boards in
					 each facility of the employer in which members of the unit claimed to be
					 appropriate are employed.
(c) The
					 notice shall remain posted for 15 workdays.
(d) The notice shall consist of a copy of the
					 intervention with the appropriate portion of the form completed by the employer
					 prior to posting.
(e) The employer
					 shall serve a copy of the notice of intervention on the regional office and on
					 the parties concurrent with the posting of the notice.
1.
						Amendment filed 6-18-80; effective thirtieth day thereafter (Register 80, No.
						25). For prior history, see Register 78, No. 3 and 78, No. 20.
2.
						Amendment filed 9-20-82; effective upon filing pursuant to Government Code
						Section
						11346.2(d)
						(Register 82, No. 39).
Note: Authority cited: Section
						  3541.3(g),
						  Government Code. Reference: Section
						  3544.1(b),
						  Government Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 3 - Public Employment Relations Board › Chapter 2 - Educational Employment Relations Act › Subchapter 1 - Representation Proceedings › Article 2 - Request for Recognition and Intervention › Section 33085 - Board Determination Regarding Proof of Support-Request for Recognition, Intervention

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Within 20 days of the date of receipt of
					 the request or intervention, the employer shall file with the regional office
					 an alphabetical list, including job titles or classifications, of employees
					 employed in the claimed unit as of the last date of the payroll period
					 immediately preceding the date the request or intervention was filed with the
					 employer, unless otherwise directed by the Board.
(b) If, after initial determination, the
					 proof of support is insufficient, the Board may allow up to 10 days to perfect
					 the proof of support.
(c) Upon
					 completion of the review of the proof of support, the Board shall inform the
					 parties in writing of the determination as to sufficiency or lack thereof
					 regarding the proof of support.
1. New
						section filed 6-18-80; effective thirtieth day thereafter (Register 80, No.
						25).
2. Amendment filed 9-20-82; effective upon filing pursuant to
						Government Code Section
						11346.2(d)
						(Register 82, No. 39).
Note: Authority cited: Section
						  3541.3(g),
						  Government Code. Reference: Sections
						  3541.3(l),
						  3544 and
						  3544.1(b),
						  Government Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 3 - Public Employment Relations Board › Chapter 2 - Educational Employment Relations Act › Subchapter 1 - Representation Proceedings › Article 2 - Request for Recognition and Intervention › Section 33090 - Withdrawal of Request or Intervention

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Any request for recognition or intervention may be
						withdrawn by an authorized representative of the employee organization that
						filed it. Such withdrawal shall be filed with the employer and a copy served on
						the parties and the regional office. Proof of service pursuant to Section
						32140 is required. A copy of the
						withdrawal shall be posted for 15 workdays on all employee bulletin boards in
						each facility of the employer in which members of the unit claimed to have been
						appropriate are employed.
1.
						Amendment filed 1-19-78 as an emergency; effective upon filing (Register 78,
						No. 3).
2. Certificate of Compliance filed 5-18-78 (Register 78, No.
						20).
3. Amendment filed 9-20-82; effective upon filing pursuant to
						Government Code Section
						11346.2(d)
						(Register 82, No. 39).
Note: Authority cited: Section
						  3541.3(g),
						  Government Code. Reference: Sections
						  3541.3(l),
						  3544, and
						  3544.1(b),
						  Government Code.