reglab/statecodes huggingface dataset:
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 20330 - Cross-Petitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Whenever a
				petition is filed which encompasses a unit for which a valid petition is
				currently on file, and no election has yet been directed, the Board or the
				regional director will determine which of the petitions seeks the appropriate
				unit, in the event the petitions do not seek the same unit. When the petitions
				seek the same unit an election will be directed in that unit if the regional
				director determines it to be appropriate. Both petitions shall be deemed to be
				cross-petitions. As soon as possible after a cross-petition is filed, the
				regional director or Board agent assigned to the case shall notify the employer
				and the original petitioner by telephone that a cross-petition has been
				filed.
(b) When a cross-petition is
				filed after the Notice and Direction of Election has been distributed but prior
				to the 24-hour intervention period set forth in Labor Code section
				1156.3(b),
				the later petition or petitions will be treated as a motion to intervene. A
				cross-petition which is not accompanied by a majority showing of interest shall
				be treated as a petition for intervention if it is accompanied by at least a 20
				percent showing of interest. Nothing contained in these rules shall preclude an
				intervenor or cross-petitioner from challenging the appropriateness of the unit
				in which an election was conducted by filing a petition pursuant to Labor Code
				section
				1156.3(c).
(c) A cross-petitioner shall be subject to
				the same obligations with respect to service of the cross-petition as apply to
				service of the petition by the petitioner pursuant to Section
				20300(e). If the
				cross-petitioner contends that the allegations with respect to peak employment
				in the original petition are incorrect, it shall raise that contention in
				writing to the regional director within 48 hours of the filing of the
				cross-petition.
1. Amendment
				  of subsection (b) and new NOTE filed 7-8-99; operative 8-7-99 (Register 99, No.
				  28).
2. Amendment of subsections (b)-(c) filed 8-29-2023; operative
				  10/1/2023 (Register 2023, No. 35).
Note: Authority cited: Section
					 1144, Labor
					 Code. Reference: Section
					 1156.3, Labor
					 Code.
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 20335 - Transfer, Consolidation, and Severance

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Whenever it appears necessary in order to
				effectuate the purposes of the Act or to avoid unnecessary costs or delay, the
				Board or the regional director, after consultation with the parties, may order
				that any petition and any proceedings that may have been instituted with
				respect thereto:
(1) Be consolidated with any
				other proceedings which may have been instituted in the same region;
(2) Be transferred and continued before the
				Board for the purpose of investigation or consolidation with any other
				proceeding which may have been instituted in any regional office;
(3) Be severed from any other proceeding with
				which it may have been consolidated pursuant to this section; or
(4) Be transferred to and continued in
				another regional office for the purpose of investigation or consolidation with
				any proceeding which may have been instituted in or transferred to such
				regional office.
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 20345 - Service

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Chapter 1.5, section
				  20150, and following, governing
				  service, shall be applicable to proceedings under this chapter except as
				  otherwise provided herein.
1. Change
				  without regulatory effect amending section filed 11-4-91 pursuant to section
				  100, title 1, California Code of
				  Regulations (Register 92, No. 12).
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 20348 - Time

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Chapter 1.5, section
				  20170, governing computation of
				  time periods, shall be applicable to proceedings under this chapter except as
				  otherwise provided herein.
1. Change
				  without regulatory effect amending section filed 11-4-91 pursuant to section
				  100, title 1, California Code of
				  Regulations (Register 92, No. 12).
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 20352 - Eligibility

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Those persons
				eligible to vote shall include:
(1) Those
				agricultural employees of the employer who were employed at any time during the
				employer's last payroll period which ended prior to the filing of the petition,
				except that if the employer's payroll as determined above is for fewer than
				five working days, eligible employees shall be all those employees who were
				employed at any time during the five working days immediately prior to the
				filing of the petition;
(2)
				Employees who are absent from work during the applicable payroll period but who
				are receiving pay for that period from the employer, as in the case of
				employees on paid sick leave or paid vacation;
(3) Employees who would have been on the
				payroll during the applicable payroll period but for the employer's unfair
				labor practices; and
(4) Eligible
				economic strikers.
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 20355 - Challenges

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Any party or
				the Board agent may challenge, for good cause shown, the eligibility of any
				person to cast a ballot. Good cause shown shall consist of a statement of the
				grounds for the challenge, which shall be supported by evidence submitted
				subsequent to the closing of the polls. Any challenge must be asserted prior to
				the time that the prospective voter receives a ballot and be limited to one or
				more of the following grounds:
(1) The
				prospective voter is a supervisor as defined by Labor Code section
				1140.4(j);
(2) The prospective voter was not employed in
				the appropriate unit during the applicable payroll period;
(3) The prospective voter is employed by the
				prospective voter's parent, child, or spouse, or is the parent, child, or
				spouse of a substantial stockholder in a closely held corporation which is the
				employer;
(4) The prospective voter
				was employed or the prospective voter's employment was willfully arranged for
				the primary purpose of voting in the election in violation of Labor Code
				section
				1154.6;
(5) The prospective voter is a guard employed
				primarily to enforce against employees and other persons rules to protect
				property of the employer or to protect the safety of persons on the employer's
				property;
(6) The prospective voter
				is a managerial or confidential employee;
(7) The prospective voter is not an
				agricultural employee of the employer as defined in Labor Code section
				1140.4(b);
				or
(8) The prospective voter's name
				does not appear on the eligibility list.
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 20360 - Tally of Ballots

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) As soon as
				possible after completion of the balloting, a Board agent shall count the
				ballots and shall prepare both a tally of ballots and a list of the names of
				each person whose ballot was challenged, along with the basis for the challenge
				and the name of the party making the challenge, and shall furnish both the
				tally and the list to representatives of all parties who are present. If the
				ballots are not to be counted immediately after the conclusion of the election,
				the Board agent shall give advance notice to representatives of all parties of
				the time and place at which the ballots will be counted. It is the obligation
				of all parties who are notified of the time and place of the ballot count to
				have a representative present at the time ballots are counted who is authorized
				to receive a copy of the tally. The time for filing objections under Labor Code
				section
				1156.3(e)
				shall begin to run as soon as the count is completed and the tally prepared,
				regardless of whether or not all parties are present to receive a copy of the
				tally.
(b) Notwithstanding any
				other provision of these rules, the Board shall have the authority acting
				pursuant to a petition under Labor Code section
				1156.3(e),
				or on its own motion, without hearing, to issue an amended tally of ballots and
				appropriate certification in any election in which the Board has acted to
				resolve issues with respect to challenged voters or to correct mathematical
				errors in the previous tally of ballots. Except as provided in section
				20375(d), nothing
				in this rule shall be deemed to extend the period of time for filing a petition
				under Labor Code section
				1156.3(e).
(c) Whenever it appears necessary, in order
				to effectuate the purposes and policies of the Act, the Board or the regional
				director may direct that the ballots cast in an election be impounded. When
				ballots are impounded based on a pending unfair labor practice complaint, they
				shall remain impounded until resolution of the complaint. If the impoundment
				order was based on an unfair labor practice charge for which a complaint had
				not yet issued, the ballots cast in the election shall remain impounded for no
				more than 60 days after the election is held unless a complaint on such charge
				issues first, in which case the ballots shall remain impounded pending
				resolution of the complaint.
1. Amendment
				  of section and new NOTE filed 8-29-2023; operative 10/1/2023 (Register 2023,
				  No. 35).
Note: Authority cited: Section
					 1144, Labor
					 Code. Reference: Sections
					 1156.3 and
					 1157, Labor
					 Code.
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 20365 - Post-Election Objections Procedure

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Time for filing. Within five days after
				an election, any person may, pursuant to Labor Code section
				1156.3(e),
				file with the Board a signed petition asserting that allegations made in the
				election petition filed pursuant to Labor Code section
				1156.3(a)
				were incorrect, or asserting that the Board or regional director improperly
				determined the geographical scope of the bargaining unit, or objecting to the
				conduct of the election or conduct affecting the results of the election.
				Except as provided in subdivisions (a)(1), (a)(2) and (a)(3), the five-day
				period begins to run when the election ends. The election ends when the ballots
				have been counted and a final tally of ballots issues.
(1) If challenged ballots are
				outcome-determinative or the ballots are impounded, the election ends when the
				polls close, and the five-day period for filing election objections begins to
				run at that time. Neither the existence of a determinative number of challenged
				ballots nor the impoundment of ballots shall extend the period for filing
				objections, and the subsequent issuance of a revised tally or delayed tally
				shall not reopen the period for filing objections.
(2) The time for filing objections after a
				rerun election is governed by section
				20372(c).
(3) The time for filing objections after a
				run-off election is governed by section
				20375(d).
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 20372 - Rerun Elections

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
				Board may direct a rerun election where circumstances make it physically
				impossible to determine the outcome of the first election. A rerun election
				shall be conducted, if possible, within three days of the initial election and
				the original eligibility list shall be used unless the regional director
				otherwise directs.
(b) If an
				objection or objections to an election are filed by a party or parties and if
				the regional director determines that it will further the purpose of the Act to
				nullify the first election and conduct a rerun election, then a rerun election
				may be conducted upon the written consent of all the parties.
(c) In any rerun election held under this
				section, the time for filing objections to the rerun election shall be measured
				in accordance with section
				20365 from the time of the rerun
				election.
1. Amendment
				  filed 8-28-81; effective thirtieth day thereafter (Register 81, No.
				  35).
Note: Authority cited: Section
					 1144, Labor
					 Code. Reference: Sections
					 1156.3(c),
					 and
					 1157.2, Labor
					 Code.
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 20375 - Runoff Elections

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				Except as provided below, in any election where no party receives a majority of
				the valid votes cast, a runoff election between the two parties receiving the
				greatest number of votes shall be held within seven days from the date of the
				initial election. All persons eligible to vote in the initial election shall be
				eligible in the runoff election.
(b) Whenever challenged ballots determine
				whether or not a runoff will be necessary, or determine who will be parties to
				the runoff election, the regional director may proceed as follows if it appears
				that an expedited procedure will enable the Board to conduct a runoff election
				during the same period of peak employment:
(1)
				The regional director may conduct an investigation and issue a report on
				challenged ballots within 48 hours or such additional time as extraordinary
				circumstances necessitate, file the report with the executive secretary, and
				contact the parties by telephone or email to inform them that the report is
				available to them.
(2) Any party
				wishing to except to recommendations in the regional director's report shall
				file such exceptions with the executive secretary and serve a copy in the
				appropriate regional office within 48 hours from issuance of the report.
				Exceptions need not be accompanied by a brief but whether or not a brief is
				submitted the basis for each exception must be stated in detail.
(3) Upon the expiration of the 48-hour period
				for filing exceptions, the regional director shall consider any exceptions
				which have been filed and may reconsider the recommendations and prepare and
				issue a brief supplemental report setting forth any changes in the original
				resolution. The regional director shall then open and count the challenged
				ballots in accordance with the recommendations, prepare and issue an amended
				tally and notify the parties whether a runoff election is required, and if so,
				which parties will appear on the ballot. The runoff election shall be conducted
				as soon as practicable after issuance of the amended tally, at a time and place
				designated by the regional director.
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 20377 - Elections Under Strike Circumstances

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Where a petition for certification
				alleges that a majority of employees are engaged in a strike at the time of the
				filing, the regional director shall conduct an administrative investigation to
				determine whether such a majority exists, and shall notify the parties of the
				regional director's determination. Where the regional director determines that
				a majority of employees in the bargaining unit were on strike at the time of
				filing, the regional director shall exercise all due diligence in attempting to
				hold an election within 48 hours of the filing; however, this shall not be
				construed to require that an election be held in 48 hours. The holding of
				elections under strike circumstances takes precedence over the holding of other
				elections.
(b) The procedures set
				forth in Chapter 3 of these regulations shall apply to the conduct of elections
				under this section insofar as is practicable under strike circumstances. The
				regional director shall have authority to establish reasonable procedures for
				the conduct of expedited elections under strike circumstances. In particular,
				upon notice to and consultation with the parties, the regional director may
				establish procedures for expediting the receipt of information necessary to
				evaluate showing of interest and timeliness of the petition pursuant to Labor
				Code section
				1156.4, and may
				reasonably shorten deadlines specified in sections
				20300(i)(2) and
				(i)(4)(A),
				20310(d),
				20325(e), and
				20350(d).
(c) Any party who contends that a 48-hour
				election is improper shall notify the regional director of its contention and
				shall submit evidence in the form of written declarations under penalty of
				perjury supporting the contention and the manner in which the party would be
				prejudiced. The notification and submission of evidence must be made prior to
				the pre-election conference. Absent such notice, the regional director's
				determination shall not be reviewable in post-election objections under section
				20365.
1. New section
				  filed 1-26-79; effective thirtieth day thereafter (Register 79, No.
				  4).
2. Amendment of section and NOTE filed 8-29-2023; operative
				  10/1/2023 (Register 2023, No. 35).
Note: Authority cited: Section
					 1144, Labor
					 Code. Reference: Section
					 1156.3, Labor
					 Code.
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 20380 - Certification

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The executive secretary shall issue certification of the
				  election after a secret ballot election conducted pursuant to this part:
(a) Upon expiration of five days after
				service of the tally of ballots in an election, if no petition objecting to the
				election has been filed pursuant to Section
				20365 and if any challenged ballots
				are not sufficient in number to be determinative of the outcome of the
				election;
(b) If objections to the
				conduct of the election are filed or if challenged ballots are sufficient in
				number to affect the outcome of the election, upon resolution of objections
				pursuant to Sections
				20365 and
				20370, unless the Board determines
				that the election shall be set aside, and upon resolution of determinative
				challenges, if any, pursuant to Sections
				20363 and
				20370, and in either case, after
				expiration of the period for requests for review under Section
				20393, or, if such a request for
				review is filed, after ruling by the Board on such request.
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 20382 - Extension of Certification, Labor Code Section 1155.2(b)

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A labor organization certified under
				section 20380 may file a petition for
				extension of the certification not earlier than the 90th day nor later than the
				60th day preceding the expiration of a 12-month period following the date of
				certification. The sole ground for the petition is that the labor organization
				has requested the employer to bargain, and the employer has failed to bargain
				in good faith.
(b) The petition for
				extension of certification shall be submitted under oath and contain the
				following:
(1) The date of
				certification;
(2) A description of
				the progress of negotiations between the labor organization and the employer,
				including, but not limited to, the requests made by the union to bargain, the
				dates of meetings between the labor organization and the employer, and the
				conduct that the labor organization claims constitutes a failure to bargain in
				good faith;
(3) Copies of documents
				and correspondence that support the description of the progress of the
				negotiations, if relevant; and
(4)
				The amount of time for which the labor organization requests the certification
				be extended.
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 20385 - Clarification of Bargaining Unit; Amendment of Certification

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A petition seeking clarification of an
				existing bargaining unit in order to resolve questions of unit composition
				which were left unresolved at the time of certification or were raised by
				changed circumstances since certification may be filed by a labor organization
				or by an employer where no question concerning representation exists. A
				petition seeking amendment of a certification to reflect changed circumstances,
				such as changes in the name or affiliation of the labor organization or in the
				site or location of the employer, may be filed by a labor organization or by an
				employer where no question concerning representation exists.
(b) A petition for clarification of an
				existing bargaining unit or for amendment of a certification shall contain:
(1) the name and address of the
				petitioner;
(2) the name and
				address of the employer, the certified bargaining representative, and any other
				labor organization which claims to represent any employees affected by the
				proposed clarification or amendment;
(3) a description of the existing
				certification, including job classifications of employees and location of
				property covered by the certification;
(4) a description of the proposed
				clarification or amendment and a statement of reasons why petitioner seeks
				clarification or amendment; and
(5)
				any other relevant facts.
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 20390 - Decertification and Rival Union Petitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Where the incumbent union presently has a
				collective bargaining agreement with the employer, the petition shall contain
				an allegation that the agreement will expire within the next twelve months or
				has been in existence for more than three years, and shall be accompanied by
				evidence of support by 30% or more of the employees currently employed in the
				bargaining unit.
(b) Where the
				incumbent union presently does not have a collective bargaining agreement with
				the employer, the petition shall contain an allegation to that effect, and
				shall be accompanied by evidence of support by a majority of the employees
				currently employed in the bargaining unit.
(c) The evidence of support for the petition
				may be in the form of signatures on a petition or, in the case of a rival union
				petition, on authorization cards or on a petition. In either case, each
				signature must be dated.
(d) All
				petitions for decertification and rival union petitions shall contain the
				following:
(1) The name, address, and
				telephone number of the petitioner and its affiliation, if any.
(2) The name, address, telephone number, and
				email address of a representative of the petitioner authorized to make
				agreements with the Board and the parties and to accept service of
				papers.
(3) The name and address of
				the incumbent union.
(4) The name,
				location, and mailing address of the employer.
(5) The nature of the employer's agricultural
				commodity or commodities encompassed by the unit.
(6) A description of the existing bargaining
				unit.
(7) The approximate number of
				employees currently employed in the bargaining unit.
(8) A statement whether a strike is in
				progress in the unit involved and, if so, the approximate number of employees
				participating and the date the strike began.
(9) A statement of which languages, other
				than English and Spanish, the petitioner requests be included on the ballots,
				and the approximate number of employees requiring such ballots.
(10) An allegation that the number of
				agricultural employees currently employed by the employer named in the
				petition, as determined from the employer's payroll immediately preceding the
				filing of the petition, is not less than 50 percent of the employer's peak
				agricultural employment for the current calendar year.
(11) An allegation that no valid election has
				been conducted among the agricultural employees of the employer named in the
				petition within the 12 months immediately preceding the filing of the
				petition.
(12) An allegation that
				the Board did not certify the incumbent union within the 12 months immediately
				preceding the filing of the petition.
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 20393 - Requests for Review; Requests for Reconsideration of Board Action; Requests to Reopen the Record

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Dismissal
				of a representation petition, cross-petition, or intervention petition by a
				regional director pursuant to section
				20300(h) may be
				reviewed by the Board pursuant to Labor Code section
				1142(b),
				upon a written request for review filed by the party whose petition was
				dismissed. The request for review shall be filed with the Board within five
				days of service of the dismissal upon the party making the request. Requests
				for review of other delegated action reviewable under Labor Code section
				1142(b),
				except those specifically provided for in subdivision (b), shall also be filed
				with the board within five days of service of notice of the action for which
				review is requested. Such requests shall be filed and served in accordance with
				the provisions set forth in sections
				20160,
				20166, and
				20169. The request shall set forth
				with particularity the basis for the request and shall be accompanied by the
				following:
(1) the evidence and legal
				arguments which the party seeking review contends support the
				request;
(2) the representation
				petition if the action to be reviewed concerns the dismissal of a
				representation, intervention, or cross-petition;
(3) the regional director's notice of
				dismissal of the representation petition, or notice of other action reviewable
				under Labor Code section
				1142(b),
				and statement of reasons therefor, where applicable; and
(4) evidence that the aforementioned material
				has been served upon all parties pursuant to sections
				20166 and
				20169.
California Code of Regulations › Title 8 - Industrial Relations › Division 2 - Agricultural Labor Relations Board › Chapter 4 - Mandatory Mediation and Conciliation › Section 20400 - Filing of Declaration Requesting Mandatory Mediation and Conciliation

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Where the
				certification issued prior to January 1, 2003:
A declaration pursuant to Labor Code section
				  1164(a)(1)
				  may be filed with the Board by either the agricultural employer or the
				  certified labor organization at any time at least 90 days after a renewed
				  demand to bargain, as defined in subdivision (a)(2). The declaration shall be
				  served and filed in accordance with sections
				  20160,
				  20166, and
				  20169. The declaration shall be
				  signed under penalty of perjury by an authorized representative of the filing
				  party, shall state that the parties are subject to an existing certification
				  and have failed to reach a collective bargaining agreement, and shall state
				  that (A) the parties have failed to reach agreement for at least one year after
				  the date on which the labor organization made its initial request to bargain,
				  (B) the employer has committed an unfair labor practice, describing the nature
				  of the violation, and providing the corresponding Board decision number or case
				  number, (C) the parties have not previously had a binding contract between
				  them, and (D) the employer has employed or engaged 25 or more agricultural
				  employees during a calendar week in the year preceding the filing of the
				  declaration. In addition, the declaration shall be accompanied by any
				  documentary or other evidence that supports the above statements and
				  establishes the date of the renewed demand to bargain.
(1) The unfair labor practice referred to
				above is one where a final Board decision has issued or where there is a
				settlement agreement that includes an admission of liability.
(2) The renewed demand to bargain referred to
				above is one that occurred on or after January 1, 2003.
California Code of Regulations › Title 8 - Industrial Relations › Division 2 - Agricultural Labor Relations Board › Chapter 4 - Mandatory Mediation and Conciliation › Section 20401 - Answer to Declaration

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				Within three days of service of a declaration, the other party to the
				collective bargaining relationship (or alleged bargaining relationship) may
				file an answer to the declaration. The answer shall be served and filed in
				accordance with sections
				20160,
				20166, and
				20169. The answer shall be signed
				under penalty of perjury by an authorized representative of the filing party
				and shall identify any statements in the declaration that are disputed. In
				addition, the answer shall be accompanied by any documentary or other
				supporting evidence. If it is claimed that the employer has not engaged 25 or
				more agricultural employees during any calendar week in the year preceding the
				filing of the declaration seeking referral to mandatory mediation, payroll
				records sufficient to support the claim shall be submitted with the answer.
				Payroll records shall be submitted in electronic form if kept in that form in
				the normal course of business.
(b)
				All statements in a declaration that are not expressly denied in the answer
				shall be deemed admitted.
1. New section
				  filed 5-7-2003; operative 5-7-2003 pursuant to Government Code section
				  11343.4
				  (Register 2003, No. 19).
2. Amendment of subsection (a) filed
				  5-23-2017; operative 5-23-2017 pursuant to Government Code section
				  11343.4(b)(3)
				  (Register 2017, No. 21).
3. Amendment of subsection (a) filed
				  8-29-2023; operative 10/1/2023 (Register 2023, No.
				  35).
Note: Authority cited: Section
					 1144, Labor
					 Code. Reference: Sections
					 1164,
					 1164.11 and
					 1164.12, Labor
					 Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 2 - Agricultural Labor Relations Board › Chapter 4 - Mandatory Mediation and Conciliation › Section 20403 - Selection of Mediator

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Within seven (7) days of the receipt of the list of nine
				  mediators, the parties shall either select a mediator from the list in
				  accordance with Labor Code section
				  1164,
				  subdivision (b), or mutually designate a mediator from a list of all qualified
				  mediators maintained by the State Mediation and Conciliation
				  Service.
1. New section
				  filed 5-7-2003; operative 5-7-2003 pursuant to Government Code section
				  11343.4
				  (Register 2003, No. 19).
Note: Authority cited: Section
					 1144, Labor
					 Code. Reference: Section
					 1164, Labor
					 Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 2 - Agricultural Labor Relations Board › Chapter 4 - Mandatory Mediation and Conciliation › Section 20404 - Disqualification of Mediator

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Any
				mediator selected pursuant to Labor Code section
				1164,
				subdivision (b), shall be subject to disqualification for bias, prejudice, or
				interest in the outcome of the proceeding.
(b) Whenever a mediator shall have knowledge
				of any fact, which by reason of bias or prejudice makes it appear probable that
				a fair and impartial mediation, within the meaning of Labor Code section
				1164, et seq.,
				cannot be held before him or her, it shall be his or her duty to immediately
				notify the Executive Secretary, setting forth all reasons for his or her
				belief.
(c) Prior to the first
				mediation session, any party may request the mediator disqualify himself or
				herself whenever it appears probable that a fair and impartial mediation cannot
				be held by the selected mediator. The request shall be under oath and shall
				specifically set forth all facts constituting the grounds for the
				disqualification of the mediator.
(1) If the
				mediator admits his or her disqualification, such admission shall be
				immediately communicated to the Executive Secretary, who shall refer the matter
				to the State Mediation and Conciliation Service for selection of another
				mediator in accordance with section
				20403.
(2) If the mediator does not disqualify
				himself or herself and withdraw from the proceeding, he or she shall so rule in
				writing or on the record, state the grounds for the ruling, and proceed with
				the mediation. The party requesting the disqualification may, upon issuance of
				the mediator's report, file for review of the mediator's report on the grounds
				set forth in Labor Code section
				1164.3,
				subdivision (e), and in accordance with section
				20408 of these
				regulations.
California Code of Regulations › Title 8 - Industrial Relations › Division 2 - Agricultural Labor Relations Board › Chapter 4 - Mandatory Mediation and Conciliation › Section 20405 - Notice of Mediation

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The mediator shall appoint a time and place for the mediation
				  and cause notice thereof to be served personally or by registered or certified
				  mail on the parties to the mediation not less than fifteen (15) days before the
				  mediation. The mediation shall commence within thirty (30) days of the
				  selection of the mediator, or as soon as practical. Appearance at the mediation
				  shall waive the right to notice.
1. New section
				  filed 5-7-2003; operative 5-7-2003 pursuant to Government Code section
				  11343.4
				  (Register 2003, No. 19).
Note: Authority cited: Section
					 1144, Labor
					 Code. Reference: Section
					 1164, Labor
					 Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 2 - Agricultural Labor Relations Board › Chapter 4 - Mandatory Mediation and Conciliation › Section 20406 - Discovery

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Witness and
				Document Lists. Either party shall within fifteen (15) days of receipt of a
				Board order directing the parties to mandatory mediation and conciliation have
				the right to demand in writing, served personally or by registered or certified
				mail, that the other party provide a list of witnesses it intends to call
				designating which witnesses will be called as expert witnesses and a list of
				documents it intends to introduce on the record at the mediation. A copy of the
				demand shall be served on the mediator.
(1)
				Witness and document lists shall be served personally or by registered or
				certified mail on the requesting party within ten (10) days of service of the
				request. Copies of the lists shall be served on the mediator.
(2) Listed documents shall be made available
				for inspection and copying at reasonable times prior to the hearing.
(3) Time limits provided herein may be waived
				by mutual agreement of the parties if approved by the mediator.
(4) The failure to list a witness or a
				document shall not bar the testimony of an unlisted witness or the introduction
				of an undesignated document at the mediation, provided that good cause is
				shown, as determined by the mediator. The introduction of bona fide rebuttal
				evidence shall constitute good cause.
California Code of Regulations › Title 8 - Industrial Relations › Division 2 - Agricultural Labor Relations Board › Chapter 4 - Mandatory Mediation and Conciliation › Section 20408 - Board Review of the Mediator's Report

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Within seven days of the filing of first
				or second report by the mediator, either party may file a petition for review
				of the report. The petition shall be served and filed in accordance with
				sections 20160,
				20166, and
				20169. The petition shall be based
				on any one or more of the grounds set forth in Labor Code section
				1164.3(a) or
				(e). The petitioning party shall specify the
				particular provisions of the mediator's report for which it is seeking review,
				shall specify the specific grounds authorizing review, and shall cite the
				portions of the record that support the petition. In the event the petition is
				based on the grounds set forth in Labor Code section
				1164.3(e),
				the petitioning party may attach declarations that describe pertinent events
				that took place off the record, if necessary to establish the grounds for
				review stated in the petition.
(b)
				The Board shall issue a decision on the petition in accordance with Labor Code
				section
				1164.3. Where
				the petition is based on the grounds specified in Labor Code section
				1164.3(e),
				and the Board determines that there are material facts in dispute that are
				outside the official record of the mediation, the Board may order an expedited
				evidentiary hearing to resolve the dispute, to be conducted in accordance with
				the procedures set forth in section
				20402.
(c) Where the Board orders additional
				mediation pursuant to Labor Code section
				1164.3(c),
				the mediation shall commence within 30 days of the issuance of the Board's
				order, or as soon as practical.
1. New section
				  filed 5-7-2003; operative 5-7-2003 pursuant to Government Code section
				  11343.4
				  (Register 2003, No. 19).
2. Amendment of subsections (a)-(b) filed
				  5-23-2017; operative 5-23-2017 pursuant to Government Code section
				  11343.4(b)(3)
				  (Register 2017, No. 21).
3. Amendment filed 8-29-2023; operative
				  10/1/2023 (Register 2023, No. 35).
Note: Authority cited: Section
					 1144, Labor
					 Code. Reference: Section
					 1164.3, Labor
					 Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 2 - Agricultural Labor Relations Board › Chapter 4 - Mandatory Mediation and Conciliation › Section 20410 - Supplemental Mandatory Mediation and Conciliation

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
(1) A request for referral to supplemental
				mandatory mediation and conciliation pursuant to Labor Code section
				1164.10(b)
				shall identify the specific provisions of the collective bargaining agreement
				set forth in a mediator's report previously ordered into effect by the Board
				that the requesting party alleges have become outdated or moot as a result of
				the passage of time during the course of judicial review proceedings. The
				request must include reference to the article and section numbers, if any such
				numbers have been assigned, and headings of each contract provision for which
				supplemental mediation is requested, as well as the contract language for each
				such provision.
(2) Before
				requesting referral to supplemental mediation, a party first must communicate
				its intention to do so to the other party at least five days before filing such
				a request with the Board. This rule does not prohibit a party from providing
				such notice before judicial review proceedings are concluded. This prior notice
				must identify the provisions for which the requesting party intends to seek
				supplemental mediation and must seek to obtain the other party's position
				concerning each provision. When filing a request for referral to supplemental
				mediation with the Board, the requesting party must attest in a written
				declaration that it has complied with the provisions of this subdivision and
				state, if available or known, the other party's position concerning each
				provision subject to the request for supplemental mediation.
(3) No request for supplemental mediation
				shall operate to stay or delay the parties' implementation of all other
				provisions of a collective bargaining agreement previously ordered into effect
				by the Board and not encompassed in the request.
California Code of Regulations › Title 8 - Industrial Relations › Division 2 - Agricultural Labor Relations Board › Chapter 4.5 - Submission of Collective Bargaining Agreements › Section 20450 - Submission of Copies of Collective Bargaining Agreements to the Board

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
In order to facilitate the calculation of bargaining
				  makewhole awards pursuant to Labor Code section
				  1160.3 and the
				  administration of the Mandatory Mediation and Conciliation process provided in
				  Labor Code sections
				  1164 through
				  1164.14,
				  certified labor organizations and agricultural employers shall submit to the
				  Board a copy of the full text of any collective bargaining agreements to which
				  they have agreed, where the effective date of the agreement is on or after the
				  effective date of this regulation.
1. New chapter
				  4.5 (section
				  20450) and section filed 5-7-2003;
				  operative 5-7-2003 pursuant to Government Code section
				  11343.4
				  (Register 2003, No. 19).
Note: Authority cited: Section
					 1144, Labor
					 Code. Reference: Sections
					 1160.3 and
					 1164-
					 1164.14, Labor
					 Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 2 - Agricultural Labor Relations Board › Chapter 5 - Certification and Signature of Documents › Section 20500 - Certification of Papers and Documents

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The executive secretary of the Board or, in the event of his
				  or her absence or disability, whosoever may be designated by the Board in his
				  or her place and stead shall certify as may be necessary or desirable from time
				  to time copies of all papers and documents which are a part of any of the files
				  or records of the Board.
1. Repealer of
				  Chapter 5 (Sections
				  20500.1-20500.2, inclusive) and new
				  Chapter 5 (Sections
				  20500-20510, not consecutive) filed
				  10-19-76 as an emergency; effective upon filing (Register 76, No.
				  43).
2. Certificate of Compliance filed 1-12-77 (Register 77, No.
				  3).
Note: Authority cited: Sections
					 1141,
					 1142,
					 1144,
					 1145,
					 1146 and
					 1149, Labor
					 Code. Reference: Part 3.5, Division II (commencing with Section
					 1140), Labor
					 Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 2 - Agricultural Labor Relations Board › Chapter 5 - Certification and Signature of Documents › Section 20510 - Signature of Orders

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The executive secretary or an associate executive secretary
				  or, in the event of their absence or disability, whosoever may be designated by
				  the Board in their place and stead, is hereby authorized to sign all orders of
				  the Board.
California Code of Regulations › Title 8 - Industrial Relations › Division 2 - Agricultural Labor Relations Board › Chapter 6 - Availability of Board Materials and Documents › Section 20600 - Board Materials and Formal Documents Available for Public Inspection and Copying; Requests for Identifiable Records; Files and Records Not Subject to Inspection; Fees for Copying and Production

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The following materials are available to
				the public for inspection and copying during normal business hours at the
				Board's offices in Sacramento, California:
(1) All final opinions and orders made by the
				Board in the adjudication of cases;
(2) A record of the final votes of each
				member of the Board in every agency proceeding;
(3) Opinions and orders made by regional
				directors in the adjudication of representation cases pursuant to the
				delegation of authority from the Board under Chapter 5 of the Act;
(4) Copies of forms prescribed by the Board
				for the filing of charges under Chapter 6 of the Act or petitions under Chapter
				5 of the Act;
(5) The formal
				documents constituting the record in a case or proceeding which are matters of
				official record, until destroyed pursuant to applicable statutory
				authority.