California Code of Regulations › Title 8 - Industrial Relations › Division 2 - Agricultural Labor Relations Board › Chapter 3 - Procedure Under Chapter 5 of the Act for the Determination of Questions Concerning Representation of Employees › Section 20300 - Petition for Certification Under Labor Code Section 1156.3

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Procedure. A petition for investigation
				of a question concerning representation under Labor Code section
				1156.3(a),
				hereinafter called a petition for certification, may be filed as provided for
				in this part and in the Act.
(b)
				Form of the Petition. A petition for certification shall be in writing and
				signed by hand or electronically. Printed forms for such petitions will be
				supplied by the regional offices of the Board upon request. Such petition shall
				contain a declaration, signed under penalty of perjury, that the petition's
				contents are true and correct to the best of the declarant's knowledge and
				belief.
(c) Amendments. A petition
				for certification may be amended by the petitioner, upon approval of the
				regional director, for good cause shown. Any amended petition shall be served
				upon the employer in accordance with the provisions of subdivision (e) below
				for service of the initial petition.
(d) Where Filed. A petition for certification
				shall be filed in the regional office having jurisdiction over the geographical
				area in which all or part of the unit encompassed by the petition is
				located.
(e) Service of the
				Petition. A petition for certification shall be served upon the employer in the
				manner set out herein. In order to be filed, a petition must be accompanied by
				proof of service of the petition on the employer, either by verified return of
				the person making personal service or by the return receipt from the post
				office. Service on the employer may be accomplished by service upon any owner,
				officer, or director of the employer, or by leaving a copy at an office of the
				employer with a person apparently in charge of the office or other responsible
				person, by personal service upon a supervisor of employees covered by the
				petition for certification. For an employer engaged in the cultivation of
				cannabis, the petition may be served personally upon a security guard stationed
				at any location where employees covered by the petition for certification work.
				If service is made by delivering a copy of the petition to anyone other than an
				owner, officer, or director of the employer, the petitioner shall immediately
				provide notice to the owner, officer, or director of the employer declaring
				that a certification petition is being filed and stating the name and location
				of the person actually served. Such notice shall include a copy of the petition
				and be provided by email, if an email address is available, and by a courier
				providing overnight delivery, and the petitioner shall file with the regional
				office proof that the notice was sent and received.
(f) Filing of Petition. A petition for
				certification shall be deemed filed upon its receipt in the appropriate
				regional office accompanied by proof of service of the petition upon the
				employer. As soon as possible upon the filing of a petition for certification,
				the regional office in which the petition is filed shall telephone the employer
				and give the employer the following information:
(1) the date and time of the filing of the
				petition and
(2) the case number
				assigned to the petition. Notification by email shall be permissible in the
				event that notification by telephone is unavailable or unsuccessful.