reglab/statecodes huggingface dataset:
California Code of Regulations › Title 8 - Industrial Relations › Division 3 - Public Employment Relations Board › Chapter 4 - Higher Education Employer-Employee Relations Act › Subchapter 1 - Representation Procedures › Article 6 - Representation Elections › Section 51340 - Conduct of Elections

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
All elections shall be conducted by the Board in
						accordance with election procedures described in Chapter 1, Subchapter 6,
						Article 2 of these regulations.
1. New
						section 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						language will be repealed on 4-30-80.
2. Repealed by operation of
						Section
						11422.1(c),
						Government Code (Register 80, No. 21).
3. New section 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						Compliance must be filed within 120 days or emergency language will be repealed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.
4. Certificate of Compliance filed 6-18-80 (Register 80,
						No. 25).
5. Amendment of NOTE filed 6-18-80 (Register 80, No.
						25).
6. Editorial correction of NOTE filed 9-20-82; effective upon
						filing pursuant to Government Code Section
						11346.2(d)
						(Register 82, No. 39).
7. Change without regulatory effect amending
						section filed 3-22-95 pursuant to section
						100, title 1, California Code of
						Regulations (Register 95, No. 12).
Note: Authority cited: Section
						  3563(f),
						  Government Code. Reference: Sections
						  3563(c),
						  3574(b)
						  and
						  3577(a),
						  Government Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 3 - Public Employment Relations Board › Chapter 4 - Higher Education Employer-Employee Relations Act › Subchapter 1 - Representation Procedures › Article 7 - Severance Petition › Section 51680 - Severance Petition

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) An
					 employee organization may file a petition to become the exclusive
					 representative of a group of employees who are already members of a larger
					 established unit represented by an incumbent exclusive representative by filing
					 a request for recognition in accordance with the provisions of Article 2
					 (commencing with Section
					 51030) or by filing a petition for
					 certification in accordance with the provisions of Article 3 (commencing with
					 Section 51100). In the case of a request
					 for recognition or intervention, all provisions of Article 2 and Article 4 of
					 this Subchapter shall be applicable to a severance request except as provided
					 in this Article 7. In the case of a petition for certification, all provisions
					 of Article 3 and Article 4 of this Subchapter shall be applicable to a
					 severance petition except as provided in this Article 7.
(b) Whenever the conditions of Government
					 Code Sections
					 3574(c)
					 or
					 3577(b)(1)
					 exist, a severance request for recognition, an intervention or a petition for
					 certification must be filed in the manner set out in Section
					 32135 during the "window period" as
					 defined by Section
					 51026.
(c) Any amendment to add to a request for
					 recognition, intervention or petition for certification classifications or
					 positions which are included in an established unit must be filed in the manner
					 set out in Section
					 32135 during the "window period" as
					 defined by Section
					 51026.
1.
						Repealer of Article 7 (Sections
						51600-51620, not consecutive) and
						renumbering and amendment of Article 9 (Sections
						51680 and
						51685) to Article 7 (Sections
						51680 and
						51685) filed 9-20-82; effective
						upon filing pursuant to Government Code Section
						11346.2(d)
						(Register 82, No. 39). For prior history, see Register 80, No.
						25.
2. Change without regulatory effect amending subsection (a)
						filed 3-22-95 pursuant to section
						100, title 1, California Code of
						Regulations (Register 95, No. 12).
Note: Authority cited: Section
						  3563(f),
						  Government Code. Reference: Sections
						  3563(k),
						  3573 and
						  3574,
						  Government Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 3 - Public Employment Relations Board › Chapter 4 - Higher Education Employer-Employee Relations Act › Subchapter 1 - Representation Procedures › Article 7 - Severance Petition › Section 51685 - Response to Severance Petition

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The employer and the exclusive
					 representative of the established unit may file a responding statement
					 supporting or opposing the severance petition. Such response shall be filed
					 with the regional office within 20 days following the date of service of the
					 severance request. Service and proof of service of the response pursuant to
					 Section 32140 are required.
(b) The response shall be in writing, signed
					 by an authorized agent of the responding party and contain the following
					 information:
(1) A copy of the severance
					 petition;
(2) The name, address and
					 telephone number of the respondent, and the name, address and telephone number
					 of the respondent agent to be contacted;
(3) A statement confirming or refuting the
					 information contained in the severance petition regarding the date the
					 incumbent exclusive representative was recognized or certified, and the
					 effective date and the expiration date of any current memorandum of
					 understanding covering employees in the established unit:
(4) A concise statement setting forth support
					 of or opposition to the unit proposed by the petition.
California Code of Regulations › Title 8 - Industrial Relations › Division 3 - Public Employment Relations Board › Chapter 4 - Higher Education Employer-Employee Relations Act › Subchapter 1 - Representation Procedures › Article 8 - Decertification Petition [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Repealer
					 of Article 8 (Sections
					 51650-51660, not consecutive) filed
					 9-20-82; effective upon filing (Register 82, No. 39).
California Code of Regulations › Title 8 - Industrial Relations › Division 3 - Public Employment Relations Board › Chapter 4 - Higher Education Employer-Employee Relations Act › Subchapter 2 - Fair Share Service Fee Provisions [Repealed] › Article 1 - Rescission Petition [Repealed] › Section 51700 - Employee Petition. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
						subchapter 2 (articles 1-2, sections
						51700-51740), article 1 (sections
						51700-51720) and section filed
						1-3-2000 as an emergency; operative 1-3-2000 (Register 2000, No. 1). A
						Certificate of Compliance must be transmitted to OAL by 5-2-2000 or emergency
						language will be repealed by operation of law on the following
						day.
2. Repealed by operation of Government Code section
						11346.1(g)
						(Register 2000, No. 18).
3. New subchapter 2 (articles 1-2, sections
						51700-51740), article 1 (sections
						51700-51720) and section filed
						5-5-2000 as an emergency; operative 5-5-2000 (Register 2000, No. 18). A
						Certificate of Compliance must be transmitted to OAL by 9-5-2000 or emergency
						language will be repealed by operation of law on the following
						day.
4. Certificate of Compliance as to 5-5-2000 order transmitted
						to OAL 7-26-2000 and filed 9-7-2000 (Register 2000, No. 36).
5.
						Amendment of subsection (c) filed 6-13-2001; operative 6-13-2001 (Register
						2001, No. 24).
6. Change without regulatory effect repealing
						subchapter 2 (articles 1-2, sections
						51700-51740), article 1 (sections
						51700-51720) and section filed
						7-31-2019 pursuant to section
						100, title 1, California Code of
						Regulations (Register 2019, No. 31).
Note: Authority cited: Section
						  3563(f),
						  Government Code. Reference: Sections
						  3583.5(b)
						  and
						  3583.5(c),
						  Government Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 3 - Public Employment Relations Board › Chapter 4 - Higher Education Employer-Employee Relations Act › Subchapter 2 - Fair Share Service Fee Provisions [Repealed] › Article 1 - Rescission Petition [Repealed] › Section 51710 - Board Determination Regarding Proof of Support. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
						section filed 1-3-2000 as an emergency; operative 1-3-2000 (Register 2000, No.
						1). A Certificate of Compliance must be transmitted to OAL by 5-2-2000 or
						emergency language will be repealed by operation of law on the following
						day.
2. Repealed by operation of Government Code section
						11346.1(g)
						(Register 2000, No. 18).
3. New section filed 5-5-2000 as an
						emergency; operative 5-5-2000 (Register 2000, No. 18). A Certificate of
						Compliance must be transmitted to OAL by 9-5-2000 or emergency language will be
						repealed by operation of law on the following day.
4. Certificate of
						Compliance as to 5-5-2000 order transmitted to OAL 7-26-2000 and filed 9-7-2000
						(Register 2000, No. 36).
5. New subsection (b) and subsection
						relettering filed 6-13-2001; operative 6-13-2001 (Register 2001, No.
						24).
6. Change without regulatory effect repealing section filed
						7-31-2019 pursuant to section
						100, title 1, California Code of
						Regulations (Register 2019, No. 31).
Note: Authority cited: Section
						  3563(f),
						  Government Code. Reference: Section
						  3583.5(c),
						  Government Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 3 - Public Employment Relations Board › Chapter 4 - Higher Education Employer-Employee Relations Act › Subchapter 2 - Fair Share Service Fee Provisions [Repealed] › Article 1 - Rescission Petition [Repealed] › Section 51715 - Employee Vote. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
						section filed 1-3-2000 as an emergency; operative 1-3-2000 (Register 2000, No.
						1). A Certificate of Compliance must be transmitted to OAL by 5-2-2000 or
						emergency language will be repealed by operation of law on the following
						day.
2. Repealed by operation of Government Code section
						11346.1(g)
						(Register 2000, No. 18).
3. New section filed 5-5-2000 as an
						emergency; operative 5-5-2000 (Register 2000, No. 18). A Certificate of
						Compliance must be transmitted to OAL by 9-5-2000 or emergency language will be
						repealed by operation of law on the following day.
4. Certificate of
						Compliance as to 5-5-2000 order transmitted to OAL 7-26-2000 and filed 9-7-2000
						(Register 2000, No. 36).
5. Change without regulatory effect
						repealing section filed 7-31-2019 pursuant to section
						100, title 1, California Code of
						Regulations (Register 2019, No. 31).
Note: Authority cited: Section
						  3563(f),
						  Government Code. Reference: Section
						  3583.5(c),
						  Government Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 3 - Public Employment Relations Board › Chapter 4 - Higher Education Employer-Employee Relations Act › Subchapter 2 - Fair Share Service Fee Provisions [Repealed] › Article 1 - Rescission Petition [Repealed] › Section 51720 - Bar to Rescission Petition. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
						section filed 1-3-2000 as an emergency; operative 1-3-2000 (Register 2000, No.
						1). A Certificate of Compliance must be transmitted to OAL by 5-2-2000 or
						emergency language will be repealed by operation of law on the following
						day.
2. Repealed by operation of Government Code section
						11346.1(g)
						(Register 2000, No. 18).
3. New section filed 5-5-2000 as an
						emergency; operative 5-5-2000 (Register 2000, No. 18). A Certificate of
						Compliance must be transmitted to OAL by 9-5-2000 or emergency language will be
						repealed by operation of law on the following day.
4. Repealed by
						operation of Government Code section
						11346.1(g)
						(Register 2000, No. 36).
5. New section filed 6-13-2001; operative
						6-13-2001 (Register 2001, No. 24).
6. Change without regulatory
						effect repealing section filed 7-31-2019 pursuant to section
						100, title 1, California Code of
						Regulations (Register 2019, No. 31).
Note: Authority cited: Section
						  3563(f),
						  Government Code. Reference: Section
						  3583.5(c),
						  Government Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 3 - Public Employment Relations Board › Chapter 4 - Higher Education Employer-Employee Relations Act › Subchapter 2 - Fair Share Service Fee Provisions [Repealed] › Article 2 - Reinstatement Petition [Repealed] › Section 51725 - Petition. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
						article 2 (sections
						51725-51740) and section filed
						1-3-2000 as an emergency; operative 1-3-2000 (Register 2000, No. 1). A
						Certificate of Compliance must be transmitted to OAL by 5-2-2000 or emergency
						language will be repealed by operation of law on the following
						day.
2. Repealed by operation of Government Code section
						11346.1(g)
						(Register 2000, No. 18).
3. New article 2 (sections
						51725-51740) and section filed
						5-5-2000 as an emergency; operative 5-5-2000 (Register 2000, No. 18). A
						Certificate of Compliance must be transmitted to OAL by 9-5-2000 or emergency
						language will be repealed by operation of law on the following
						day.
4. Certificate of Compliance as to 5-5-2000 order transmitted
						to OAL 7-26-2000 and filed 9-7-2000 (Register 2000, No. 36).
5.
						Change without regulatory effect repealing article 2 (section
						51725-51740) and section filed
						7-31-2019 pursuant to section
						100, title 1, California Code of
						Regulations (Register 2019, No. 31).
Note: Authority cited: Section
						  3563(f),
						  Government Code. Reference: Section
						  3583.5(c),
						  Government Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 3 - Public Employment Relations Board › Chapter 4 - Higher Education Employer-Employee Relations Act › Subchapter 2 - Fair Share Service Fee Provisions [Repealed] › Article 2 - Reinstatement Petition [Repealed] › Section 51730 - Board Determination Regarding Proof of Support. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
						section filed 1-3-2000 as an emergency; operative 1-3-2000 (Register 2000, No.
						1). A Certificate of Compliance must be transmitted to OAL by 5-2-2000 or
						emergency language will be repealed by operation of law on the following
						day.
2. Repealed by operation of Government Code section
						11346.1(g)
						(Register 2000, No. 18).
3. New section filed 5-5-2000 as an
						emergency; operative 5-5-2000 (Register 2000, No. 18). A Certificate of
						Compliance must be transmitted to OAL by 9-5-2000 or emergency language will be
						repealed by operation of law on the following day.
4. Certificate of
						Compliance as to 5-5-2000 order transmitted to OAL 7-26-2000 and filed 9-7-2000
						(Register 2000, No. 36).
5. New subsection (b) and subsection
						relettering filed 6-13-2001; operative 6-13-2001 (Register 2001, No.
						24).
6. Change without regulatory effect repealing section filed
						7-31-2019 pursuant to section
						100, title 1, California Code of
						Regulations (Register 2019, No. 31).
Note: Authority cited: Section
						  3563(f),
						  Government Code. Reference: Section
						  3583.5(c),
						  Government Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 3 - Public Employment Relations Board › Chapter 4 - Higher Education Employer-Employee Relations Act › Subchapter 2 - Fair Share Service Fee Provisions [Repealed] › Article 2 - Reinstatement Petition [Repealed] › Section 51735 - Employee Vote. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
						section filed 1-3-2000 as an emergency; operative 1-3-2000 (Register 2000, No.
						1). A Certificate of Compliance must be transmitted to OAL by 5-2-2000 or
						emergency language will be repealed by operation of law on the following
						day.
2. Repealed by operation of Government Code section
						11346.1(g)
						(Register 2000, No. 18).
3. New section filed 5-5-2000 as an
						emergency; operative 5-5-2000 (Register 2000, No. 18). A Certificate of
						Compliance must be transmitted to OAL by 9-5-2000 or emergency language will be
						repealed by operation of law on the following day.
4. Certificate of
						Compliance as to 5-5-2000 order transmitted to OAL 7-26-2000 and filed 9-7-2000
						(Register 2000, No. 36).
5. Change without regulatory effect
						repealing section filed 7-31-2019 pursuant to section
						100, title 1, California Code of
						Regulations (Register 2019, No. 31).
Note: Authority cited: Section
						  3563(f),
						  Government Code. Reference: Section
						  3583.5(c),
						  Government Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 3 - Public Employment Relations Board › Chapter 4 - Higher Education Employer-Employee Relations Act › Subchapter 2 - Fair Share Service Fee Provisions [Repealed] › Article 2 - Reinstatement Petition [Repealed] › Section 51740 - Bar to Reinstatement Petition. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
						section filed 1-3-2000 as an emergency; operative 1-3-2000 (Register 2000, No.
						1). A Certificate of Compliance must be transmitted to OAL by 5-2-2000 or
						emergency language will be repealed by operation of law on the following
						day.
2. Repealed by operation of Government Code section
						11346.1(g)
						(Register 2000, No. 18).
3. New section filed 5-5-2000 as an
						emergency; operative 5-5-2000 (Register 2000, No. 18). A Certificate of
						Compliance must be transmitted to OAL by 9-5-2000 or emergency language will be
						repealed by operation of law on the following day.
4. Certificate of
						Compliance as to 5-5-2000 order transmitted to OAL 7-26-2000 and filed 9-7-2000
						(Register 2000, No. 36).
5. Change without regulatory effect
						repealing section filed 7-31-2019 pursuant to section
						100, title 1, California Code of
						Regulations (Register 2019, No. 31).
Note: Authority cited: Section
						  3563(f),
						  Government Code. Reference: Section
						  3583.5(c),
						  Government Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 3 - Public Employment Relations Board › Chapter 5 - Meyers-Milias-Brown Act › Subchapter 1 - Enforcement and Application of Local Rules Concerning Unit Determinations, Recognition, Representation and Elections › Article 1 - General Provisions › Section 61000 - Application of Regulations

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Except as otherwise ordered pursuant to Chapter 1, or as
						provided for by Public Utilities Code, Division 10, Part 16, Chapter 5 (section
						105140 et seq.), the Board will
						conduct representation proceedings under MMBA in accordance with the applicable
						provisions of this Chapter only where a public agency has not adopted local
						rules in accordance with MMBA section
						3507.
1. New
						subchapter 2 (articles 1-8), article 1 (sections
						61000-61090) and section filed
						6-11-2001 as an emergency; operative 7-1-2001 (Register 2001, No. 24). A
						Certificate of Compliance must be transmitted to OAL by 10-29-2001 or emergency
						language will be repealed by operation of law on the following
						day.
2. Certificate of Compliance as to 6-11-2001 order, including
						amendment of section, transmitted to OAL 10-18-2001 and filed 12-4-2001
						(Register 2001, No. 49).
3. Amendment of section and NOTE filed
						11-13-2003; operative 12-13-2003 (Register 2003, No. 46).
4.
						Amendment filed 2-2-2004 as an emergency; operative 2-2-2004 (Register 2004,
						No. 6). A Certificate of Compliance must be transmitted to OAL by 6-1-2004 or
						emergency language will be repealed by operation of law on the following
						day.
5. Certificate of Compliance as to 2-2-2004 order transmitted
						to OAL 5-4-2004 and filed 6-8-2004 (Register 2004, No. 24).
6.
						Repealer of subchapter 2 heading and amendment of section filed 4-11-2006;
						operative 5-11-2006 (Register 2006, No. 15).
7. 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: Sections
						  3509(a)
						  and
						  3541.3(g),
						  Government Code. Reference: Sections
						  3502.5,
						  3507,
						  3507.1,
						  3507.3,
						  3507.5,
						  3508,
						  3509 and
						  3541.3,
						  Government Code; and Sections
						  105140,
						  105152
						  and
						  105153,
						  Public Utilities Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 3 - Public Employment Relations Board › Chapter 5 - Meyers-Milias-Brown Act › Subchapter 1 - Enforcement and Application of Local Rules Concerning Unit Determinations, Recognition, Representation and Elections › Article 1 - General Provisions › Section 61005 - Parties

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
"Parties" means the public agency, the employee
						organization that is the exclusive or majority representative of any employee
						covered by a petition, any employee organization known to have an interest in
						representing any employees as demonstrated by having filed a pending petition,
						and/or any group of public employees which has filed a pending petition
						pursuant to Government Code Section
						3502.5(d)
						or
						3507.
1. New
						section filed 6-11-2001 as an emergency; operative 7-1-2001 (Register 2001, No.
						24). A Certificate of Compliance must be transmitted to OAL by 10-29-2001 or
						emergency language will be repealed by operation of law on the following
						day.
2. Certificate of Compliance as to 6-11-2001 order transmitted
						to OAL 10-18-2001 and filed 12-4-2001 (Register 2001, No.
						49).
Note: Authority cited: Sections
						  3509(a)
						  and
						  3541.3(g)
						  and
						  3541.3(n),
						  Government Code. Reference: Sections
						  3501(a),
						  3501(b),
						  3501(c),
						  3501(d),
						  3502.5,
						  3507,
						  3507.1,
						  3509 and
						  3541.3,
						  Government Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 3 - Public Employment Relations Board › Chapter 5 - Meyers-Milias-Brown Act › Subchapter 1 - Enforcement and Application of Local Rules Concerning Unit Determinations, Recognition, Representation and Elections › Article 1 - General Provisions › Section 61010 - Window Period

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
"Window period" means the 29-day period which is less
						than 120 days but more than 90 days prior to the expiration date of a lawful
						memorandum of understanding negotiated by the public agency and the exclusive
						representative. Expiration date means the last effective date of the
						memorandum. Notwithstanding the provisions of Section
						32130, the date on which the
						memorandum of understanding expires shall not be counted for the purpose of
						computing the window period.
1. New
						section filed 6-11-2001 as an emergency; operative 7-1-2001 (Register 2001, No.
						24). A Certificate of Compliance must be transmitted to OAL by 10-29-2001 or
						emergency language will be repealed by operation of law on the following
						day.
2. Certificate of Compliance as to 6-11-2001 order transmitted
						to OAL 10-18-2001 and filed 12-4-2001 (Register 2001, No. 49).
3.
						Amendment filed 4-11-2006; operative 5-11-2006 (Register 2006, No.
						15).
Note: Authority cited: Sections
						  3509(a)
						  and
						  3541.3(g),
						  Government Code. Reference: Sections
						  3507,
						  3507.1,
						  3509 and
						  3541.3,
						  Government Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 3 - Public Employment Relations Board › Chapter 5 - Meyers-Milias-Brown Act › Subchapter 1 - Enforcement and Application of Local Rules Concerning Unit Determinations, Recognition, Representation and Elections › Article 1 - General Provisions › Section 61020 - Proof of Support. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
						section filed 6-11-2001 as an emergency; operative 7-1-2001 (Register 2001, No.
						24). A Certificate of Compliance must be transmitted to OAL by 10-29-2001 or
						emergency language will be repealed by operation of law on the following
						day.
2. Certificate of Compliance as to 6-11-2001 order transmitted
						to OAL 10-18-2001 and filed 12-4-2001 (Register 2001, No. 49).
3.
						Amendment designating and amending former subsection (a) as subsection (a)(1),
						new subsections (a)(2)-(a)(3) and amendment of subsection (e) filed 11-29-2007;
						operative 12-29-2007 (Register 2007, No. 48).
4. Change without
						regulatory effect repealing subsection (a)(3) filed 7-31-2019 pursuant to
						section 100, title 1, California Code of
						Regulations (Register 2019, No. 31).
5. Repealer 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)
						  and
						  3541.3(g),
						  Government Code. Reference: Sections
						  3502.5,
						  3507,
						  3507.1,
						  3509 and
						  3541.3,
						  Government Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 3 - Public Employment Relations Board › Chapter 5 - Meyers-Milias-Brown Act › Subchapter 1 - Enforcement and Application of Local Rules Concerning Unit Determinations, Recognition, Representation and Elections › Article 1 - General Provisions › Section 61030 - Withdrawal of a Petition

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Any petition may be withdrawn by the petitioner in
						writing at any time prior to a final decision by the Board. Service and proof
						of service of the withdrawal pursuant to Section
						32140 are
						required.
1. New
						section filed 6-11-2001 as an emergency; operative 7-1-2001 (Register 2001, No.
						24). A Certificate of Compliance must be transmitted to OAL by 10-29-2001 or
						emergency language will be repealed by operation of law on the following
						day.
2. Certificate of Compliance as to 6-11-2001 order transmitted
						to OAL 10-18-2001 and filed 12-4-2001 (Register 2001, No.
						49).
Note: Authority cited: Sections
						  3509(a)
						  and
						  3541.3(g) and
						  (n), Government Code. Reference: Sections
						  3507,
						  3507.1,
						  3509 and
						  3541.3(h) and
						  (l), Government
						  Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 3 - Public Employment Relations Board › Chapter 5 - Meyers-Milias-Brown Act › Subchapter 1 - Enforcement and Application of Local Rules Concerning Unit Determinations, Recognition, Representation and Elections › Article 1 - General Provisions › Section 61040 - Informal Conference

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A Board agent may conduct an informal
					 conference to clarify the issues and explore settlement of the case. No record
					 shall be made at such a conference.
(b) A Board agent shall give reasonable
					 notice of such conference to each party directed to attend.
1. New
						section filed 6-11-2001 as an emergency; operative 7-1-2001 (Register 2001, No.
						24). A Certificate of Compliance must be transmitted to OAL by 10-29-2001 or
						emergency language will be repealed by operation of law on the following
						day.
2. Certificate of Compliance as to 6-11-2001 order transmitted
						to OAL 10-18-2001 and filed 12-4-2001 (Register 2001, No.
						49).
Note: Authority cited: Sections
						  3509(a)
						  and
						  3541.3(g) and
						  (n), Government Code. Reference: Sections
						  3507,
						  3507.1,
						  3509 and
						  3541.3(h) and
						  (l), Government
						  Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 3 - Public Employment Relations Board › Chapter 5 - Meyers-Milias-Brown Act › Subchapter 1 - Enforcement and Application of Local Rules Concerning Unit Determinations, Recognition, Representation and Elections › Article 1 - General Provisions › Section 61050 - Notice of Hearing

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
If the Board determines that a hearing is necessary, the
						Board shall serve a notice of hearing on each party. The notice shall state the
						date, time and place of the hearing.
1. New
						section filed 6-11-2001 as an emergency; operative 7-1-2001 (Register 2001, No.
						24). A Certificate of Compliance must be transmitted to OAL by 10-29-2001 or
						emergency language will be repealed by operation of law on the following
						day.
2. Certificate of Compliance as to 6-11-2001 order transmitted
						to OAL 10-18-2001 and filed 12-4-2001 (Register 2001, No.
						49).
Note: Authority cited: Sections
						  3509(a)
						  and
						  3541.3(g) and
						  (n), Government Code. Reference: Sections
						  3507,
						  3507.1,
						  3509 and
						  3541.3(h) and
						  (l), Government
						  Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 3 - Public Employment Relations Board › Chapter 5 - Meyers-Milias-Brown Act › Subchapter 1 - Enforcement and Application of Local Rules Concerning Unit Determinations, Recognition, Representation and Elections › Article 1 - General Provisions › Section 61055 - Conduct of Hearing; Issuance of Proposed Decision

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Hearings shall be conducted and proposed decisions shall
						be issued pursuant to procedures set forth in Chapter 1, Subchapter 3 of these
						Regulations.
1. New
						section filed 6-11-2001 as an emergency; operative 7-1-2001 (Register 2001, No.
						24). A Certificate of Compliance must be transmitted to OAL by 10-29-2001 or
						emergency language will be repealed by operation of law on the following
						day.
2. Certificate of Compliance as to 6-11-2001 order transmitted
						to OAL 10-18-2001 and filed 12-4-2001 (Register 2001, No.
						49).
Note: Authority cited: Sections
						  3509(a) and
						  (c) and
						  3541.3(g) and
						  (n), Government Code. Reference: Sections
						  3502.5,
						  3507,
						  3507.1,
						  3507.3,
						  3507.5,
						  3508,
						  3509 and
						  3541.3,
						  Government Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 3 - Public Employment Relations Board › Chapter 5 - Meyers-Milias-Brown Act › Subchapter 1 - Enforcement and Application of Local Rules Concerning Unit Determinations, Recognition, Representation and Elections › Article 1 - General Provisions › Section 61060 - Administrative Decision

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Any determination rendered without a hearing shall be
						issued in accordance with Section
						32350 and may be appealed pursuant
						to Section 32360 of these
						Regulations.
1. New
						section filed 6-11-2001 as an emergency; operative 7-1-2001 (Register 2001, No.
						24). A Certificate of Compliance must be transmitted to OAL by 10-29-2001 or
						emergency language will be repealed by operation of law on the following
						day.
2. Certificate of Compliance as to 6-11-2001 order transmitted
						to OAL 10-18-2001 and filed 12-4-2001 (Register 2001, No.
						49).
Note: Authority cited: Sections
						  3509(a) and
						  (c) and
						  3541.3(g) and
						  (n), Government Code. Reference: Sections
						  3502.5,
						  3507,
						  3507.1,
						  3507.3,
						  3507.5,
						  3508,
						  3509 and
						  3541.3,
						  Government Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 3 - Public Employment Relations Board › Chapter 5 - Meyers-Milias-Brown Act › Subchapter 1 - Enforcement and Application of Local Rules Concerning Unit Determinations, Recognition, Representation and Elections › Article 1 - General Provisions › Section 61065 - Elections in Consent Units

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
At any time prior to a final decision of the Board
						regarding an appropriate unit, the parties may mutually agree upon an
						appropriate unit and request the Board to conduct a consent election. The
						conduct of an election in a consent unit should not be interpreted to mean that
						the Board would find the unit in question to be an appropriate unit in a
						disputed case.
1. New
						section filed 6-11-2001 as an emergency; operative 7-1-2001 (Register 2001, No.
						24). A Certificate of Compliance must be transmitted to OAL by 10-29-2001 or
						emergency language will be repealed by operation of law on the following
						day.
2. Certificate of Compliance as to 6-11-2001 order transmitted
						to OAL 10-18-2001 and filed 12-4-2001 (Register 2001, No.
						49).
Note: Authority cited: Sections
						  3509(a)
						  and
						  3541.3(g) and
						  (n), Government Code. Reference: Sections
						  3507,
						  3507.1(a),
						  3509 and
						  3541.3(c) and
						  (l), Government
						  Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 3 - Public Employment Relations Board › Chapter 5 - Meyers-Milias-Brown Act › Subchapter 1 - Enforcement and Application of Local Rules Concerning Unit Determinations, Recognition, Representation and Elections › Article 1 - General Provisions › Section 61070 - Decisions of the Board Itself

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Procedures before the Board itself shall be in accordance
						with Chapter 1, Subchapter 4, Articles 1 through 4 of these
						Regulations.
1. New
						section filed 6-11-2001 as an emergency; operative 7-1-2001 (Register 2001, No.
						24). A Certificate of Compliance must be transmitted to OAL by 10-29-2001 or
						emergency language will be repealed by operation of law on the following
						day.
2. Certificate of Compliance as to 6-11-2001 order transmitted
						to OAL 10-18-2001 and filed 12-4-2001 (Register 2001, No.
						49).
Note: Authority cited: Sections
						  3509(a) and
						  (c) and
						  3541.3(g) and
						  (n), Government Code. Reference: Sections
						  3502.5,
						  3507,
						  3507.1,
						  3507.3,
						  3507.5,
						  3508,
						  3509 and
						  3541.3,
						  Government Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 3 - Public Employment Relations Board › Chapter 5 - Meyers-Milias-Brown Act › Subchapter 1 - Enforcement and Application of Local Rules Concerning Unit Determinations, Recognition, Representation and Elections › Article 1 - General Provisions › Section 61072 - Judicial Review

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
A request for judicial review of a decision by the Board
						itself may be filed pursuant to Section
						32500 and shall be allowed:
(1) when the board, in response to a petition
					 from the employer or an employee organization, agrees that the case is one of
					 special importance and joins in the request for such review; or
(2) when the issue is raised as a defense to
					 an unfair practice complaint. A board order directing an election shall not be
					 stayed pending judicial review.
1. New
						section filed 6-11-2001 as an emergency; operative 7-1-2001 (Register 2001, No.
						24). A Certificate of Compliance must be transmitted to OAL by 10-29-2001 or
						emergency language will be repealed by operation of law on the following
						day.
2. Certificate of Compliance as to 6-11-2001 order transmitted
						to OAL 10-18-2001 and filed 12-4-2001 (Register 2001, No.
						49).
Note: Authority cited: Sections
						  3509(a) and
						  (c) and
						  3541.3(g) and
						  (n), Government Code. Reference: Sections
						  3502.5,
						  3507,
						  3507.1,
						  3507.3,
						  3507.5,
						  3508,
						  3509 and
						  3541.3,
						  Government Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 3 - Public Employment Relations Board › Chapter 5 - Meyers-Milias-Brown Act › Subchapter 1 - Enforcement and Application of Local Rules Concerning Unit Determinations, Recognition, Representation and Elections › Article 1 - General Provisions › Section 61075 - Notice of Decision

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
When the Board itself issues a decision or when a hearing
						officer decision becomes final, the Board shall serve the decision and a notice
						of decision on the parties.
1. New
						section filed 6-11-2001 as an emergency; operative 7-1-2001 (Register 2001, No.
						24). A Certificate of Compliance must be transmitted to OAL by 10-29-2001 or
						emergency language will be repealed by operation of law on the following
						day.
2. Certificate of Compliance as to 6-11-2001 order transmitted
						to OAL 10-18-2001 and filed 12-4-2001 (Register 2001, No.
						49).
Note: Authority cited: Sections
						  3509(a)
						  and
						  3541.3(g) and
						  (n), Government Code. Reference: Sections
						  3507,
						  3507.1,
						  3509 and
						  3541.3(h) and
						  (l), Government
						  Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 3 - Public Employment Relations Board › Chapter 5 - Meyers-Milias-Brown Act › Subchapter 1 - Enforcement and Application of Local Rules Concerning Unit Determinations, Recognition, Representation and Elections › Article 1 - General Provisions › Section 61080 - Conduct of Elections; Eligibility to Appear on Ballot

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) If the Board determines that a
					 Board-conducted election is necessary, the election shall be conducted in
					 accordance with Article 2 of this Chapter.
(b) Any employee organization which filed a
					 valid petition or which became a party to a representation case may appear on
					 the election ballot, provided that the organization has evidenced to the
					 satisfaction of the Board at least 30 percent support in the appropriate unit.
					 If an election is directed by a PERB decision, each eligible employee
					 organization shall have 15 workdays from the date of service of the decision in
					 which to demonstrate at least 30 percent support in the unit found to be
					 appropriate by the Board.
(c) The
					 Board shall determine the sufficiency of the proof of support in accordance
					 with the provisions of Chapter 1, Section
					 32700 of these
					 Regulations.
1. New
						section filed 6-11-2001 as an emergency; operative 7-1-2001 (Register 2001, No.
						24). A Certificate of Compliance must be transmitted to OAL by 10-29-2001 or
						emergency language will be repealed by operation of law on the following
						day.
2. Certificate of Compliance as to 6-11-2001 order transmitted
						to OAL 10-18-2001 and filed 12-4-2001 (Register 2001, No. 49).
3.
						Amendment of subsection (a) filed 4-11-2006; operative 5-11-2006 (Register
						2006, No. 15).
4. Amendment of subsection (c) 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),
						  3509(c),
						  3541.3(g)
						  and
						  3541.3(n),
						  Government Code. Reference: Sections
						  3502.5,
						  3507,
						  3507.1,
						  3507.3,
						  3507.5,
						  3508,
						  3509 and
						  3541.3,
						  Government Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 3 - Public Employment Relations Board › Chapter 5 - Meyers-Milias-Brown Act › Subchapter 1 - Enforcement and Application of Local Rules Concerning Unit Determinations, Recognition, Representation and Elections › Article 1 - General Provisions › Section 61090 - Recognition

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
If only one employee organization qualifies to appear on
						the ballot and the organization has demonstrated proof of majority support in
						the appropriate unit, the Board shall cancel the election, and certify the
						organization as the exclusive representative unless the public agency has
						granted recognition.
1. New
						section filed 6-11-2001 as an emergency; operative 7-1-2001 (Register 2001, No.
						24). A Certificate of Compliance must be transmitted to OAL by 10-29-2001 or
						emergency language will be repealed by operation of law on the following
						day.
2. Certificate of Compliance as to 6-11-2001 order transmitted
						to OAL 10-18-2001 and filed 12-4-2001 (Register 2001, No. 49).
3.
						Amendment of section heading, section and NOTE filed 11-13-2003; operative
						12-13-2003 (Register 2003, No. 46).
4. Amendment filed 3-18-2013;
						operative 7-1-2013 (Register 2013, No. 12).
Note: Authority cited: Sections
						  3509(a)
						  and
						  3541.3(g) and
						  (n), Government Code. Reference: Sections
						  3507,
						  3507.1(a),
						  (c),
						  3509 and
						  3541.3(l),
						  Government Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 3 - Public Employment Relations Board › Chapter 5 - Meyers-Milias-Brown Act › Subchapter 1 - Enforcement and Application of Local Rules Concerning Unit Determinations, Recognition, Representation and Elections › Article 2 - Elections › Section 61100 - Authority to Conduct Elections

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
An election shall be conducted when the Board issues a
						decision directing an election or approves an agreement for a consent election
						pursuant to the provisions of this Chapter. The Board shall determine the date,
						time, place and manner of the election absent an approved agreement of the
						parties.
1. New
						article 2 (sections
						61100-61200) and section filed
						6-11-2001 as an emergency; operative 7-1-2001 (Register 2001, No. 24). A
						Certificate of Compliance must be transmitted to OAL by 10-29-2001 or emergency
						language will be repealed by operation of law on the following
						day.
2. Certificate of Compliance as to 6-11-2001 order transmitted
						to OAL 10-18-2001 and filed 12-4-2001 (Register 2001, No.
						49).
Note: Authority cited: Sections
						  3509(a)
						  and
						  3541.3(g),
						  Government Code. Reference: Sections
						  3502.5,
						  3507,
						  3507.1,
						  3509 and
						  3541.3,
						  Government Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 3 - Public Employment Relations Board › Chapter 5 - Meyers-Milias-Brown Act › Subchapter 1 - Enforcement and Application of Local Rules Concerning Unit Determinations, Recognition, Representation and Elections › Article 2 - Elections › Section 61105 - Ballot

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) All elections
					 shall be conducted by secret ballot under the supervision of the
					 Board.
(b) Ballots shall be
					 prepared under the supervision of the Board. The order of voting choices and
					 the wording of each ballot entry shall be determined by the Board absent an
					 approved agreement of the parties.
(c) Except in the case of a runoff election,
					 in which the ballot entries are determined pursuant to Section
					 61145, or an election conducted
					 pursuant to either Article 4 or 7 of this Chapter, the ballot entry of "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
					 61110), an employee organization
					 may file a request with the regional office 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 6-11-2001 as an emergency; operative 7-1-2001 (Register 2001, No.
						24). A Certificate of Compliance must be transmitted to OAL by 10-29-2001 or
						emergency language will be repealed by operation of law on the following
						day.
2. Certificate of Compliance as to 6-11-2001 order transmitted
						to OAL 10-18-2001 and filed 12-4-2001 (Register 2001, No. 49).
3.
						Amendment of subsection (c) filed 4-11-2006; operative 5-11-2006 (Register
						2006, No. 15).
Note: Authority cited: Sections
						  3509(a)
						  and
						  3541.3(g),
						  Government Code. Reference: Sections
						  3502.5,
						  3507,
						  3507.1,
						  3509 and
						  3541.3,
						  Government Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 3 - Public Employment Relations Board › Chapter 5 - Meyers-Milias-Brown Act › Subchapter 1 - Enforcement and Application of Local Rules Concerning Unit Determinations, Recognition, Representation and Elections › Article 2 - Elections › Section 61110 - Directed Election Order/Consent Election Agreement; Notice of Election

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) When the Board
					 has determined that an election is required, the Board shall serve on the
					 employer and the parties a Directed Election Order containing specific
					 instructions regarding the conduct of the election. The Board may approve a
					 Consent Election Agreement of the parties regarding the conduct of an
					 election.
(b) Thereafter, the Board
					 shall serve a notice of election on the parties. The notice shall contain a
					 sample ballot, a description of the voting unit, and information regarding the
					 balloting process. Unless otherwise directed by the Board, 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.
(c) The Board shall supply the employer with
					 sufficient copies of the notice for posting. The posting shall be accomplished
					 by the date specified in the Consent Election Agreement or the Directed
					 Election Order. The notice shall remain posted through the final day for
					 casting ballots.
1. New
						section filed 6-11-2001 as an emergency; operative 7-1-2001 (Register 2001, No.
						24). A Certificate of Compliance must be transmitted to OAL by 10-29-2001 or
						emergency language will be repealed by operation of law on the following
						day.
2. Certificate of Compliance as to 6-11-2001 order transmitted
						to OAL 10-18-2001 and filed 12-4-2001 (Register 2001, No.
						49).
Note: Authority cited: Sections
						  3509(a)
						  and
						  3541.3(g),
						  Government Code. Reference: Sections
						  3502.5,
						  3507,
						  3507.1,
						  3509 and
						  3541.3,
						  Government Code.