reglab/statecodes huggingface dataset:
California Code of Regulations › Title 8 - Industrial Relations › Division 3 - Public Employment Relations Board › Chapter 1 - Public Employment Relations Board › Subchapter 6 - Representation Proceedings › Article 2 - Elections › Section 32738 - Objections

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 Within 10 days following the service of the tally of ballots, any party to the
					 election may file with the regional office objections to the conduct of the
					 election. Any objections must be filed within the 10 day time period whether or
					 not a runoff election is necessary or challenged ballots are sufficient in
					 number to affect the results of the election.
(b) Service and proof of service of the
					 objections pursuant to Section
					 32140 are required.
(c) Objections shall be entertained by the
					 Board only on the following grounds:
(1) The
					 conduct complained of interfered with the employees' right to freely choose a
					 representative, or
(2) Serious
					 irregularity in the conduct of the election.
California Code of Regulations › Title 8 - Industrial Relations › Division 3 - Public Employment Relations Board › Chapter 1 - Public Employment Relations Board › Subchapter 6 - Representation Proceedings › Article 2 - Elections › Section 32740 - Withdrawal of Objections

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Any party may withdraw its objections to an election
						prior to a final decision by the Board.
1.
						Amendment of NOTE filed 6-18-80 (Register 80, No. 25).
2. Change
						without regulatory effect amending NOTE filed 2-15-2001 pursuant to section
						100, title 1, California Code of
						Regulations (Register 2001, No. 7).
3. Amendment of NOTE 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						language will be repealed by operation of law on the following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.
4. Certificate of Compliance as to 2-2-2004 order transmitted
						to OAL 5-4-2004 and filed 6-8-2004 (Register 2004, No. 24).
5.
						Amendment of NOTE filed 12-6-2013 as an emergency; operative 12-6-2013 pursuant
						to Government Code section
						110035.5
						(Register 2013, No. 51). This regulatory action is deemed an emergency exempt
						from OAL review and was filed directly by the agency with the Secretary of
						State pursuant to Government Code section
						110035.5.
						A Certificate of Compliance must be transmitted to OAL by 6-4-2014 or emergency
						language will be repealed by operation of law on the following
						day.
6. Certificate of Compliance as to 12-6-2013 order transmitted
						to OAL 5-29-2014 and filed 7-10-2014 (Register 2014, No. 28).
7.
						Change without regulatory effect amending NOTE filed 5-8-2018 pursuant to
						section 100, title 1, California Code of
						Regulations (Register 2018, No. 19).
8. Amendment of NOTE filed
						4-18-2023; operative 7-1-2023 (Register 2023, No.
						16).
Note: Authority cited: Sections
						  3513(h),
						  3524.52(a),
						  3541.3(g)
						  and
						  3563(f),
						  Government Code; and Section
						  99561(f),
						  Public Utilities Code. Reference: Sections
						  3513(h),
						  3520.5(b),
						  3524.52(a),
						  3524.74(a),
						  3524.74(b),
						  3524.74(d),
						  3541.3(c),
						  3544.1(a),
						  3544.3,
						  3544.7(a),
						  3546,
						  3574(a),
						  3577,
						  3579(e)
						  and
						  3583.5,
						  Government Code; and Sections
						  99561(c),
						  99561(e),
						  99561(k),
						  99561(l),
						  99564,
						  99564.1,
						  99564.2,
						  99564.3,
						  99564.4
						  and
						  99566.1,
						  Public Utilities Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 3 - Public Employment Relations Board › Chapter 1 - Public Employment Relations Board › Subchapter 6 - Representation Proceedings › Article 2 - Elections › Section 32746 - Revised Tally of Ballots

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Should a ruling on challenged ballots direct that any
						such ballots be voided or opened and counted, the Board shall serve a revised
						tally of ballots on each party at the conclusion of the counting and/or voiding
						of such ballots. Each party shall be allowed to station an authorized agent at
						the ballot count to verify the tally of ballots.
1.
						Amendment of NOTE filed 6-18-80 (Register 80, No. 25).
2. Amendment
						filed 9-20-82; effective upon filing pursuant to Government Code Section
						11346.2(d)
						(Register 82, No. 39).
3. Amendment filed 10-10-85; effective
						thirtieth day thereafter (Register 85, No. 41).
4. Change without
						regulatory effect amending NOTE filed 2-15-2001 pursuant to section
						100, title 1, California Code of
						Regulations (Register 2001, No. 7).
5. Amendment of NOTE 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.
6. Certificate of Compliance as to 2-2-2004 order transmitted
						to OAL 5-4-2004 and filed 6-8-2004 (Register 2004, No. 24).
7.
						Amendment of NOTE filed 12-6-2013 as an emergency; operative 12-6-2013 pursuant
						to Government Code section
						110035.5
						(Register 2013, No. 51). This regulatory action is deemed an emergency exempt
						from OAL review and was filed directly by the agency with the Secretary of
						State pursuant to Government Code section
						110035.5.
						A Certificate of Compliance must be transmitted to OAL by 6-4-2014 or emergency
						language will be repealed by operation of law on the following
						day.
8. Certificate of Compliance as to 12-6-2013 order transmitted
						to OAL 5-29-2014 and filed 7-10-2014 (Register 2014, No. 28).
9.
						Change without regulatory effect amending NOTE filed 5-8-2018 pursuant to
						section 100, title 1, California Code of
						Regulations (Register 2018, No. 19).
10. Amendment of NOTE filed
						4-18-2023; operative 7-1-2023 (Register 2023, No.
						16).
Note: Authority cited: Sections
						  3513,
						  3524.52(a),
						  3541.3 and
						  3563,
						  Government Code; and Section
						  99561(f),
						  Public Utilities Code. Reference: Sections
						  3520.5(b),
						  3524.52(a),
						  3524.74(a),
						  3524.74(b),
						  3524.74(d),
						  3544.1(a),
						  3544.3,
						  544.7(a),
						  3546,
						  3574(a),
						  3577,
						  3579(e)
						  and
						  3583.5,
						  Government Code; and Sections
						  99561(c),
						  99561(e),
						  99561(k),
						  99561(l),
						  99564,
						  99564.1,
						  99564.2,
						  99564.3,
						  99564.4
						  and
						  99566.1,
						  Public Utilities Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 3 - Public Employment Relations Board › Chapter 1 - Public Employment Relations Board › Subchapter 6 - Representation Proceedings › Article 3 - Request for Amendment of Certification › Section 32760 - Policy. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
						Article 3 (Sections
						32760-32763) filed 6-18-80;
						effective thirtieth day thereafter (Register 80, No. 25).
2.
						Repealer filed 9-20-82; effective upon filing pursuant to Government Code
						Section
						11346.2(d)
						(Register 82, No. 39).
3. Amendment of article heading filed 1-8-99;
						operative 2-7-99 (Register 99, No. 2).
Note: Authority cited: Sections
						  3513(g);
						  3541.3(g)(n); 3563(f)(m), Government Code. Reference: Sections
						  3513(g),
						  3541.3(m),
						  3563(l
						  ), Government
						  Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 3 - Public Employment Relations Board › Chapter 1 - Public Employment Relations Board › Subchapter 6 - Representation Proceedings › Article 3 - Request for Amendment of Certification › Section 32761 - Request

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) An employee
					 organization may file with the regional office a request to amend its
					 certification or recognition in the event of a merger, amalgamation,
					 affiliation or transfer of jurisdiction, or in the event of a change in the
					 name or jurisdiction of the employer.
(b) The request shall be in writing, signed
					 by an authorized agent of the employee organization and shall contain the
					 following information:
(1) The name, address
					 and telephone number of the employee organization and the name, address and
					 telephone number of the agent to be contacted;
(2) The name, address and telephone number of
					 the employer;
(3) A brief
					 description and the PERB case number of the established unit;
(4) A clear and concise statement of the
					 nature of the merger, amalgamation, affiliation or other change in jurisdiction
					 and the new name of the employee organization and/or employer.
California Code of Regulations › Title 8 - Industrial Relations › Division 3 - Public Employment Relations Board › Chapter 1 - Public Employment Relations Board › Subchapter 6 - Representation Proceedings › Article 3 - Request for Amendment of Certification › Section 32762 - Employer Response

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The employer may file a responding statement to the
						request filed pursuant to Section
						32761. The statement shall be filed
						with the regional office within 15 days following the date of service of the
						request. Service and proof of service pursuant to Section
						32140 are required.
1.
						Amendment filed 9-20-82; effective upon filing pursuant to Government Code
						Section
						11346.2(d)
						(Register 82, No. 39).
2. Change without regulatory effect amending
						NOTE filed 2-15-2001 pursuant to section
						100, title 1, California Code of
						Regulations (Register 2001, No. 7).
3. Amendment of NOTE 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.
4. Certificate of Compliance as to 2-2-2004 order transmitted
						to OAL 5-4-2004 and filed 6-8-2004 (Register 2004, No. 24).
5.
						Amendment of NOTE filed 12-6-2013 as an emergency; operative 12-6-2013 pursuant
						to Government Code section
						110035.5
						(Register 2013, No. 51). This regulatory action is deemed an emergency exempt
						from OAL review and was filed directly by the agency with the Secretary of
						State pursuant to Government Code section
						110035.5.
						A Certificate of Compliance must be transmitted to OAL by 6-4-2014 or emergency
						language will be repealed by operation of law on the following
						day.
6. Certificate of Compliance as to 12-6-2013 order transmitted
						to OAL 5-29-2014 and filed 7-10-2014 (Register 2014, No. 28).
7.
						Change without regulatory effect amending NOTE filed 5-8-2018 pursuant to
						section 100, title 1, California Code of
						Regulations (Register 2018, No. 19).
8. Amendment of NOTE filed
						4-18-2023; operative 7-1-2023 (Register 2023, No.
						16).
Note: Authority cited: Sections
						  3513(h),
						  3524.52(a),
						  3541.3(g)
						  and
						  3563(f),
						  Government Code; and Section
						  99561(f),
						  Public Utilities Code. Reference: Sections
						  3513(h),
						  3524.52(a),
						  3541.3(m)
						  and
						  3563(l),
						  Government Code; and Section
						  99561(l),
						  Public Utilities Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 3 - Public Employment Relations Board › Chapter 1 - Public Employment Relations Board › Subchapter 6 - Representation Proceedings › Article 4 - Decertification Petition › Section 32770 - Petition

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A petition for
					 an election to decertify an existing exclusive representative in an established
					 unit may be filed by a group of employees within the unit or an employee
					 organization. The petition shall be filed with the regional office utilizing
					 forms provided by the Board.
(b)
					 The petition shall be accompanied by proof that at least 30 percent of the
					 employees in the established unit either:
(1)
					 No longer desire to be represented by the incumbent exclusive representative;
					 or
(2) Wish to be represented by
					 another employee organization. Proof of support is defined in Chapter 1,
					 Section 32700 of these
					 regulations.
California Code of Regulations › Title 8 - Industrial Relations › Division 3 - Public Employment Relations Board › Chapter 1 - Public Employment Relations Board › Subchapter 6 - Representation Proceedings › Article 4 - Decertification Petition › Section 32774 - Board Determination Regarding Proof of Support

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Within 20 days of the date the
					 decertification petition is filed with the regional office, the employer shall
					 file with the regional office a description of the established unit and an
					 alphabetical list, including job titles or classifications, of employees in the
					 established unit as of the last date of the payroll period immediately
					 preceding the date the decertification petition was filed, unless otherwise
					 directed by the Board.
(b) Upon
					 completion of the review of the proof of support, the Board shall inform the
					 parties in writing of the determination as to sufficiency or lack thereof
					 regarding the proof of support.
1.
						Amendment filed 10-10-85; effective thirtieth day thereafter (Register 85, No.
						41).
2. Change without regulatory effect amending NOTE filed
						2-15-2001 pursuant to section
						100, title 1, California Code of
						Regulations (Register 2001, No. 7).
3. Amendment of NOTE 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.
4. Certificate of Compliance as to 2-2-2004 order transmitted
						to OAL 5-4-2004 and filed 6-8-2004 (Register 2004, No. 24).
5.
						Amendment of NOTE filed 12-6-2013 as an emergency; operative 12-6-2013 pursuant
						to Government Code section
						110035.5
						(Register 2013, No. 51). This regulatory action is deemed an emergency exempt
						from OAL review and was filed directly by the agency with the Secretary of
						State pursuant to Government Code section
						110035.5.
						A Certificate of Compliance must be transmitted to OAL by 6-4-2014 or emergency
						language will be repealed by operation of law on the following
						day.
6. Certificate of Compliance as to 12-6-2013 order transmitted
						to OAL 5-29-2014 and filed 7-10-2014 (Register 2014, No. 28).
7.
						Change without regulatory effect amending NOTE filed 5-8-2018 pursuant to
						section 100, title 1, California Code of
						Regulations (Register 2018, No. 19).
8. Amendment of NOTE filed
						4-18-2023; operative 7-1-2023 (Register 2023, No.
						16).
Note: Authority cited: Sections
						  3513(h),
						  3524.52(a),
						  3541.3(g)
						  and
						  3563(f),
						  Government Code; and Section
						  99561(f),
						  Public Utilities Code. Reference: Sections
						  3513(h),
						  3524.52(a),
						  3524.74
						  (b),
						  3524.74(d),
						  3541.3(g)
						  and
						  3563(k),
						  Government Code; and Sections
						  99561(k)
						  and
						  99564.3,
						  Public Utilities Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 3 - Public Employment Relations Board › Chapter 1 - Public Employment Relations Board › Subchapter 6 - Representation Proceedings › Article 5 - Petition for Unit Modification › Section 32781 - Petition

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Absent agreement of the parties to modify a unit, an
						exclusive representative, an employer, or both must file a petition for unit
						modification in accordance with this section. Parties who wish to obtain Board
						approval of a unit modification may file a petition in accordance with the
						provisions of this section.
(a) A
					 recognized or certified employee organization may file with the regional office
					 a petition for modification of its units:
(1)
					 To add to the unit unrepresented classifications or positions;
(2) To divide an existing unit into two or
					 more appropriate units;
(3) To
					 consolidate two or more established units into one appropriate unit.
California Code of Regulations › Title 8 - Industrial Relations › Division 3 - Public Employment Relations Board › Chapter 1 - Public Employment Relations Board › Subchapter 6 - Representation Proceedings › Article 5 - Petition for Unit Modification › Section 32783 - Response to Petition

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 Unless otherwise notified by the Board, a party or interested party may file a
					 response to a petition filed solely by an exclusive representative or an
					 employer. Such response shall be filed with the regional office within 20 days
					 following the date of service of the petition. 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) The name, address and
					 telephone number of the petitioner(s);
(2) The name, address and telephone number of
					 the respondent and the name, address and telephone number of the agent to be
					 contacted;
(3) A statement
					 confirming or refuting information contained in the petition regarding the size
					 and description of the established unit(s), the date(s) of recognition or
					 certification, the approximate number of employees involved in the modification
					 request and the identity of any other employee organization known to claim to
					 represent affected employees;
(4) A
					 concise statement setting forth the reasons for support of or opposition to the
					 unit modification proposed by the petitioner(s).
(5) The PERB unit modification case
					 number.
California Code of Regulations › Title 8 - Industrial Relations › Division 3 - Public Employment Relations Board › Chapter 1 - Public Employment Relations Board › Subchapter 6 - Representation Proceedings › Article 5 - Petition for Unit Modification › Section 32784 - Board Determination Regarding Proof of Support

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) If proof of support has been filed
					 pursuant to section
					 32781(e)(1) or
					 (2), the employer shall, within 20 days of
					 the date the support was filed, file with the regional office an alphabetical
					 list, including job titles or classifications, of all employees proposed to be
					 added to the unit as of the last date of the payroll period immediately
					 preceding the date the petition was filed with PERB, unless otherwise directed
					 by the Board.
(b) The Board may
					 allow up to 10 days to perfect the proof of support.
(c) Upon completion of the review of the
					 proof of support, the Board shall inform the parties in writing of the
					 determination as to sufficiency of the proof of support.
1.
						Editorial correction of NOTE filed 3-22-83 (Register 83, No. 13).
2.
						Change without regulatory effect amending NOTE filed 2-15-2001 pursuant to
						section 100, title 1, California Code of
						Regulations (Register 2001, No. 7).
3. Amendment of NOTE 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.
4. Certificate of Compliance as to 2-2-2004 order transmitted
						to OAL 5-4-2004 and filed 6-8-2004 (Register 2004, No. 24).
5.
						Amendment of subsection (a) filed 11-29-2007; operative 12-29-2007 (Register
						2007, No. 48).
6. Amendment of NOTE filed 4-18-2023; operative
						7-1-2023 (Register 2023, No. 16).
Note: Authority cited: Sections
						  3513(h),
						  3524.52(a),
						  3541.3(e),
						  (g) and
						  3563(e),
						  (f), Government Code; and Section
						  99561(f),
						  Public Utilities Code. Reference: Sections
						  3513(h),
						  3524.52(a),
						  3524.74(b),
						  3541.3(a),
						  (e) and
						  3563(a),
						  Government Code; and Section
						  99561(a),
						  (e), Public Utilities
						  Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 3 - Public Employment Relations Board › Chapter 1 - Public Employment Relations Board › Subchapter 6 - Representation Proceedings › Article 5 - Petition for Unit Modification › Section 32786 - Disposition of Petitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Upon receipt of a petition for unit
					 modification, the Board shall investigate and, where appropriate, conduct a
					 hearing and/or a representation election, or take such other action as deemed
					 necessary in order to decide the questions raised by the petition and to ensure
					 full compliance with the provisions of the law.
(b) The Board shall dismiss a petition (1) if
					 it is found to be improperly or not timely filed; or, (2) if proof of support
					 submitted falls short of the required level of support; or, (3) if a
					 representation election result has been certified within the 12 months
					 immediately proceeding the date of filing of the petition which covers any
					 employees proposed to be added to the unit; or, (4) if, within the previous 12
					 months, the employer has lawfully recognized, or the Board has certified, the
					 exclusive representative in the described unit or a subdivision
					 thereof.
(c) The Board may request
					 proof of support or order an election among unrepresented employees to be added
					 to a unit, if classifications found appropriate to be added to the unit do not
					 include all classifications originally petitioned for.
(d) Board Order of Unit Modification.
(1) The Board shall issue an order of unit
					 modification whenever the disposition of a petition filed under this Article
					 results in the modification of a unit.
(2) The order shall not be considered to be a
					 new certification for the purpose of computing time limits pursuant to Section
					 32754.
California Code of Regulations › Title 8 - Industrial Relations › Division 3 - Public Employment Relations Board › Chapter 1 - Public Employment Relations Board › Subchapter 6 - Representation Proceedings › Article 6 - Impasse Procedures › Section 32791 - Parties' Selection of Mediator

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
At any time after a party declares impasse, the parties
						may mutually agree upon their own mediation procedures, including the right to
						arrange for a mediator of their choice, in lieu of the mediation procedure set
						forth in these regulations.
1. New
						Article 6 (Sections
						32791-32800, not consecutive) filed
						9-20-82; effective upon filing pursuant to Government Code Section
						11346.2(d)
						(Register 82, No. 39).
2. Change without regulatory effect amending
						NOTE filed 2-15-2001 pursuant to section
						100, title 1, California Code of
						Regulations (Register 2001, No. 7).
3. Amendment of NOTE filed
						4-18-2023; operative 7-1-2023 (Register 2023, No.
						16).
Note: Authority cited: Sections
						  3513(h),
						  3524.52(a),
						  3541.3(g)
						  and
						  3563(f),
						  Government Code. Reference: Sections
						  3518,
						  3524.68,
						  3548 and
						  3590,
						  Government Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 3 - Public Employment Relations Board › Chapter 1 - Public Employment Relations Board › Subchapter 6 - Representation Proceedings › Article 6 - Impasse Procedures › Section 32792 - Request that Board Determine Impasse and Appoint Mediator

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) After declaring impasse orally or in
					 writing to the other party or after jointly declaring impasse, either or both
					 parties may request the Board to determine that an impasse exists and appoint a
					 mediator. This Section, however, applies only to the Dills Act, JCEERA, EERA
					 and HEERA. This request may initially be made by telephone, but a request in
					 writing shall follow. The request shall be signed under penalty of perjury that
					 the information alleged therein is true and complete to the best of the
					 requesting party's/parties' knowledge and belief, and contain the following
					 information:
(1) The name, address and
					 telephone number of the employer and the exclusive representative;
(2) The name, title, address and telephone
					 number of the agent to be contacted for each party;
(3) A description of the established unit,
					 the approximate number of employees in the unit and the date the exclusive
					 representative was recognized or certified;
(4) The type of dispute;
(5) The date(s) the parties' initial
					 proposals were presented to the public;
(6) The date negotiations commenced, the
					 number of negotiating sessions and the approximate total number of hours spent
					 in negotiations to date;
(7) The
					 status of negotiations, including the date impasse was declared by the
					 party/parties pursuant to this section, the number and subject matter of issues
					 on which the parties have reached tentative agreement, and the total number and
					 subject matter of issues which remain in dispute;
(8) A clear and concise description of the
					 negotiations which have occurred, including the extent to which the parties
					 have made counter-proposals and have discussed the issues which remain in
					 dispute, and any facts which indicate that future meetings without the
					 assistance of a mediator would be futile.
California Code of Regulations › Title 8 - Industrial Relations › Division 3 - Public Employment Relations Board › Chapter 1 - Public Employment Relations Board › Subchapter 6 - Representation Proceedings › Article 6 - Impasse Procedures › Section 32793 - Board Determination of Impasse

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The Board shall, within five working days
					 following the receipt of the written request for appointment of a mediator,
					 orally notify the parties that the Board has determined that:
(1) An impasse exists and a mediator has been
					 appointed, or
(2) Impasse has not
					 been reached.
California Code of Regulations › Title 8 - Industrial Relations › Division 3 - Public Employment Relations Board › Chapter 1 - Public Employment Relations Board › Subchapter 6 - Representation Proceedings › Article 6 - Impasse Procedures › Section 32794 - Appeal from Board's Determination. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1.
						Repealer filed 12-29-88; operative 1-28-89 (Register 89, No.
						4).
Note: Authority cited: Sections
						  3513(g),
						  3541.3(g)
						  and
						  3563(f),
						  Government Code. Reference: Sections
						  3518,
						  3548 and
						  3590,
						  Government Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 3 - Public Employment Relations Board › Chapter 1 - Public Employment Relations Board › Subchapter 6 - Representation Proceedings › Article 6 - Impasse Procedures › Section 32795 - Subsequent Requests that Board Determine Impasse and Appoint Mediator

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Following the Board's determination that an impasse does
						not exist, a party may subsequently request that the Board determine that an
						impasse exists and appoint a mediator whenever there is a change in the facts
						upon which the initial determination was based. Subsequent requests shall
						follow the procedures set forth in Section
						32792.
1. Change
						without regulatory effect amending NOTE filed 2-15-2001 pursuant to section
						100, title 1, California Code of
						Regulations (Register 2001, No. 7).
2. Amendment of NOTE filed
						4-18-2023; operative 7-1-2023 (Register 2023, No.
						16).
Note: Authority cited: Sections
						  3513(h),
						  3524.52(a),
						  3541.3(g)
						  and
						  3563(f),
						  Government Code. Reference: Sections
						  3518,
						  3524.68,
						  3548 and
						  3590,
						  Government Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 3 - Public Employment Relations Board › Chapter 1 - Public Employment Relations Board › Subchapter 6 - Representation Proceedings › Article 6 - Impasse Procedures › Section 32797 - Appointment of a Factfinder Under EERA and HEERA

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Not sooner than 15 days after the appointment of a
						mediator by the Board, or not sooner than 15 days after the parties have
						attempted to resolve their dispute through a mediation procedure on which they
						have mutually agreed, the Board shall appoint a person to chair a factfinding
						panel, if:
(a) The mediator has filed
					 a written declaration that factfinding is appropriate to the resolution of the
					 dispute with the regional office, and
(b) Either party has requested by written
					 notification to the other, that their differences be submitted to a factfinding
					 panel. A copy of the written request shall be filed with the regional
					 office.
1. Change
						without regulatory effect amending NOTE filed 2-15-2001 pursuant to section
						100, title 1, California Code of
						Regulations (Register 2001, No. 7).
Note: Authority cited: Sections
						  3541.3(g)
						  and
						  3563(f),
						  Government Code. Reference: Sections
						  3548.1 and
						  3591,
						  Government Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 3 - Public Employment Relations Board › Chapter 1 - Public Employment Relations Board › Subchapter 6 - Representation Proceedings › Article 6 - Impasse Procedures › Section 32798 - Appointment of Person to Chair Factfinding Panel Under EERA and HEERA

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Under EERA, the
					 Board shall select and appoint the chairperson unless notified by the parties
					 that they have mutually agreed upon a person to chair the panel in lieu of a
					 chairperson selected by the Board.
(b) Under HEERA, the Board shall select and
					 appoint the chairperson unless notified by the parties that they have mutually
					 agreed upon a person to chair the panel in lieu of a chairperson selected by
					 the Board, and that the parties have agreed to waive any requirement that the
					 Board bear the costs of the panel chairperson.
1. Change
						without regulatory effect amending NOTE filed 2-15-2001 pursuant to section
						100, title 1, California Code of
						Regulations (Register 2001, No. 7).
2. Amendment filed 11-13-2003;
						operative 12-13-2003 (Register 2003, No. 46).
3. Amendment of
						subsection (b) filed 3-18-2013; operative 7-1-2013 (Register 2013, No.
						12).
Note: Authority cited: Sections
						  3541.3(g)
						  and
						  3563(f),
						  Government Code. Reference: Sections
						  3548.1 and
						  3591,
						  Government Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 3 - Public Employment Relations Board › Chapter 1 - Public Employment Relations Board › Subchapter 6 - Representation Proceedings › Article 6 - Impasse Procedures › Section 32799 - Parties' Statement for Factfinder Under EERA and HEERA

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
In cases where the Board has appointed a person to chair
						the factfinding panel, the parties shall prepare a statement of the issues to
						be placed before the panel. The statement should be jointly filed, if possible,
						although the parties may file separate statements if they disagree about the
						issues to be placed before the panel.
1. Change
						without regulatory effect amending NOTE filed 2-15-2001 pursuant to section
						100, title 1, California Code of
						Regulations (Register 2001, No. 7).
Note: Authority cited: Sections
						  3541.3(g)
						  and
						  3563(f),
						  Government Code. Reference: Sections
						  3548.1 and
						  3591,
						  Government Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 3 - Public Employment Relations Board › Chapter 1 - Public Employment Relations Board › Subchapter 6 - Representation Proceedings › Article 6 - Impasse Procedures › Section 32800 - Publication of Factfinder's Report Under EERA and HEERA

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Under EERA, the employer shall make
					 public the entire, verbatim final report signed by the chairperson of the
					 factfinding panel within 10 days of its receipt by the parties.
(b) Under HEERA, should the factfinding panel
					 decide to publish the report pursuant to Government Code Section
					 3593, such
					 publication shall be made by the employer in the manner described in subsection
					 (c) below.
(c) Publication shall be
					 made by posting a notice that the factfinder report has been issued and is
					 available to the public. The notice shall be posted in the locations normally
					 used for posting public notices regarding regular meetings of the employer and
					 shall indicate the times and places where the public may inspect a copy of the
					 report. The employer shall insure that a reasonable number of copies shall be
					 made available to the public.
1.
						Amendment of subsection (b) filed 12-29-88; operative 1-28-89 (Register 89, No.
						4).
2. Change without regulatory effect amending NOTE filed
						2-15-2001 pursuant to section
						100, title 1, California Code of
						Regulations (Register 2001, No. 7).
Note: Authority cited: Sections
						  3541.3(g)
						  and
						  3563(f),
						  Government Code. Reference: Sections
						  3548.3(a)
						  and
						  3593,
						  Government Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 3 - Public Employment Relations Board › Chapter 1 - Public Employment Relations Board › Subchapter 6 - Representation Proceedings › Article 6 - Impasse Procedures › Section 32802 - Request for Factfinding Under the MMBA

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) An exclusive representative may request
					 that the parties' differences be submitted to a factfinding panel. The request
					 shall be accompanied by a statement that the parties have been unable to effect
					 a settlement. Such a request may be filed:
(1)
					 Not sooner than 30 days, but not more than 45 days, following the appointment
					 or selection of a mediator pursuant either to the parties' agreement to mediate
					 or a mediation process required by a public agency's local rules; or
(2) If the dispute was not submitted to
					 mediation, not later than 30 days following the date that either party provided
					 the other with written notice of a declaration of impasse.
California Code of Regulations › Title 8 - Industrial Relations › Division 3 - Public Employment Relations Board › Chapter 1 - Public Employment Relations Board › Subchapter 6 - Representation Proceedings › Article 6 - Impasse Procedures › Section 32804 - Appointment of Person to Chair Factfinding Panel Under the MMBA

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
If a request is determined to be sufficient under Section
						32802, the Board shall, within five
						working days following this determination, submit to the parties the names of
						seven persons, drawn from the list of neutral factfinders established pursuant
						to Government Code section
						3541.3(d).
						The Board will thereafter designate one of the seven persons to serve as the
						chairperson unless notified by the parties within five working days that they
						have mutually agreed upon a person to chair the panel in lieu of a chairperson
						selected by the Board. In no case will the Board be responsible for the costs
						of the chairperson.
1. New
						section filed 12-29-2011 as an emergency; operative 1-1-2012 (Register 2011,
						No. 52). A Certificate of Compliance must be transmitted to OAL by 6-29-2012 or
						emergency language will be repealed by operation of law on the following
						day.
2. Certificate of Compliance as to 12-29-2011 order transmitted
						to OAL 6-22-2012 and filed 7-30-2012 (Register 2012, No.
						31).
Note: Authority cited: Sections
						  3509(a),
						  3541.3(e)
						  and
						  3541.3(g),
						  Government Code. Reference: Sections
						  3505.4,
						  3505.5 and
						  3505.7,
						  Government Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 3 - Public Employment Relations Board › Chapter 1 - Public Employment Relations Board › Subchapter 6 - Representation Proceedings › Article 6 - Impasse Procedures › Section 32806 - Appointment of a Mediator Under IHSSEERA. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
						section filed 12-6-2013 as an emergency; operative 12-6-2013 pursuant to
						Government Code section
						110035.5
						(Register 2013, No. 51). This regulatory action is deemed an emergency exempt
						from OAL review and was filed directly by the agency with the Secretary of
						State pursuant to Government Code section
						110035.5.
						A Certificate of Compliance must be transmitted to OAL by 6-4-2014 or emergency
						language will be repealed by operation of law on the following
						day.
2. Certificate of Compliance as to 12-6-2013 order transmitted
						to OAL 5-29-2014 and filed 7-10-2014 (Register 2014, No. 28).
3.
						Change without regulatory effect repealing section filed 5-8-2018 pursuant to
						section 100, title 1, California Code of
						Regulations (Register 2018, No. 19).
Note: Authority cited: Sections
						  3541.3(g)
						  and
						  110015,
						  Government Code. Reference: Section
						  110029,
						  Government Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 3 - Public Employment Relations Board › Chapter 1 - Public Employment Relations Board › Subchapter 6 - Representation Proceedings › Article 6 - Impasse Procedures › Section 32808 - Request for Factfinding Under IHSSEERA. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
						section filed 12-6-2013 as an emergency; operative 12-6-2013 pursuant to
						Government Code section
						110035.5
						(Register 2013, No. 51). This regulatory action is deemed an emergency exempt
						from OAL review and was filed directly by the agency with the Secretary of
						State pursuant to Government Code section
						110035.5.
						A Certificate of Compliance must be transmitted to OAL by 6-4-2014 or emergency
						language will be repealed by operation of law on the following
						day.
2. Certificate of Compliance as to 12-6-2013 order transmitted
						to OAL 5-29-2014 and filed 7-10-2014 (Register 2014, No. 28).
3.
						Change without regulatory effect repealing section filed 5-8-2018 pursuant to
						section 100, title 1, California Code of
						Regulations (Register 2018, No. 19).
Note: Authority cited: Sections
						  3541.3(g)
						  and
						  110015,
						  Government Code. Reference: Section
						  110030,
						  Government Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 3 - Public Employment Relations Board › Chapter 1 - Public Employment Relations Board › Subchapter 6 - Representation Proceedings › Article 6 - Impasse Procedures › Section 32810 - Appointment of Person to Chair Factfinding Panel Under IHSSEERA. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
						section filed 12-6-2013 as an emergency; operative 12-6-2013 pursuant to
						Government Code section
						110035.5
						(Register 2013, No. 51). This regulatory action is deemed an emergency exempt
						from OAL review and was filed directly by the agency with the Secretary of
						State pursuant to Government Code section
						110035.5.
						A Certificate of Compliance must be transmitted to OAL by 6-4-2014 or emergency
						language will be repealed by operation of law on the following day. For prior
						history, see Register 2013, No. 12.
2. Certificate of Compliance as
						to 12-6-2013 order transmitted to OAL 5-29-2014 and filed 7-10-2014 (Register
						2014, No. 28).
3. Change without regulatory effect repealing section
						filed 5-8-2018 pursuant to section
						100, title 1, California Code of
						Regulations (Register 2018, No. 19).
Note: Authority cited: Sections
						  3541.3(g)
						  and
						  110015,
						  Government Code. Reference: Section
						  110030,
						  Government Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 3 - Public Employment Relations Board › Chapter 1 - Public Employment Relations Board › Subchapter 6 - Representation Proceedings › Article 7 - Arbitration Procedures [Repealed] › Section 32811 - Selection of Arbitrators. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Note: Authority cited: Sections 3513(h), 3541.3(g) and
						  3563(h),
						  Government Code; and Section 99561(f), Public Utilities Code. Reference:
						  Sections 3513(h),3541.3(d), 3548.5, 3548.6 and 3589(d), Government Code; and
						  Section 99567, Public Utilities Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 3 - Public Employment Relations Board › Chapter 1 - Public Employment Relations Board › Subchapter 6 - Representation Proceedings › Article 7 - Arbitration Procedures [Repealed] › Section 32812 - Notification of Selection. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Note: Authority cited: Sections 3513(h), 3541.3(g) and
						  3563(f),
						  Government Code; and Section 99561(f), Public Utilities Code. Reference:
						  Sections 3513(h),3541.3(d), 3548.5, 3548.6 and 3589(d), Government Code; and
						  Section 99567, Public Utilities Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 3 - Public Employment Relations Board › Chapter 1 - Public Employment Relations Board › Subchapter 6 - Representation Proceedings › Article 7 - Arbitration Procedures [Repealed] › Section 32813 - Cost of Arbitration. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Note: Authority cited: Sections 3513(h), 3541.3(g) and
						  3563(f),
						  Government Code; and Section 99561(f), Public Utilities Code. Reference:
						  Sections 3513(h),3541.3(d), 3548.5, 3548.6 and 3589(d), Government Code; and
						  Section 99567, Public Utilities Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 3 - Public Employment Relations Board › Chapter 1 - Public Employment Relations Board › Subchapter 6 - Representation Proceedings › Article 8 - Public Notice Complaints [Repealed] › Section 32900 - Public Notice

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Note: Authority cited: Sections 3541.3(g),
						  3547(e),3563(f)  and
						  3595(e), Government Code. Reference: Sections 3541.3(h), 3547,3547.5,
						  3563(g)  and 3595,
						  Government Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 3 - Public Employment Relations Board › Chapter 1 - Public Employment Relations Board › Subchapter 6 - Representation Proceedings › Article 8 - Public Notice Complaints [Repealed] › Section 32905 - Public Inspection of EERA or HEERA Public Notice Complaints

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Note: Authority cited: Sections 3541.3(g),
						  3547(e),3563(f)  and
						  3595(e), Government Code. Reference: Sections 3541.3(h), 3547,3563(g)
						   and 3595, Government
						  Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 3 - Public Employment Relations Board › Chapter 1 - Public Employment Relations Board › Subchapter 6 - Representation Proceedings › Article 8 - Public Notice Complaints [Repealed] › Section 32910 - Filing of Complaint

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Note: Authority cited: Sections 3513(h),
						  3541.3(g),3547(e),
						  3563(f)  and
						  3595(e), Government Code; and Section 99561(f), Public Utilities Code.
						  Reference: Sections 3523,3541.3(h),
						  3547, 3547.5,
						  3563(g)  and 3595,
						  Government Code; and Section 99569, Public Utilities
						  Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 3 - Public Employment Relations Board › Chapter 1 - Public Employment Relations Board › Subchapter 6 - Representation Proceedings › Article 8 - Public Notice Complaints [Repealed] › Section 32915 - Content of Complaint

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Note: Authority cited: Sections 3513(h),
						  3541.3(g),3547(e),
						  3563(f)  and
						  3595(c), Government Code; and Section 99561(f), Public Utilities Code.
						  Reference: Sections 3523,3541.3(h),
						  3547,
						  3563(g)  and 3595,
						  Government Code; and Section 99569, Public Utilities
						  Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 3 - Public Employment Relations Board › Chapter 1 - Public Employment Relations Board › Subchapter 6 - Representation Proceedings › Article 8 - Public Notice Complaints [Repealed] › Section 32920 - Processing of Complaint

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Note: Authority cited: Sections 3513(h),
						  3541.3(g),3547(e),
						  3563(f)  and
						  3595(e), Government Code; and Section 99561(f), Public Utilities Code.
						  Reference: Sections 3523,3541.3(h),
						  3547, 3547.5,
						  3563(g)  and 3595,
						  Government Code; and Sections 99561(g) and 99569, Public Utilities
						  Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 3 - Public Employment Relations Board › Chapter 1 - Public Employment Relations Board › Subchapter 6 - Representation Proceedings › Article 8 - Public Notice Complaints [Repealed] › Section 32925 - Review of Determinations and Dismissals

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Note: Authority cited: Sections 3513(h),
						  3541.3(g),3547(e),
						  3563(f)  and
						  3595(e), Government Code; and Section 99561(f), Public Utilities Code.
						  Reference: Sections 3523,3541.3(h),
						  3547, 3547.5,
						  3563(g)  and 3595,
						  Government Code; and Section 99569, Public Utilities
						  Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 3 - Public Employment Relations Board › Chapter 1 - Public Employment Relations Board › Subchapter 6 - Representation Proceedings › Article 8 - Public Notice Complaints [Repealed] › Section 32930 - EERA or HEERA Answer

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Note: Authority cited: Sections 3541.3(g),
						  3547(e),3563(f)  and
						  3595(c), Government Code. Reference: Sections 3541.3, 3547,3563(g)
						   and 3595, Government
						  Code.