California Code of Regulations › Title 8 - Industrial Relations › Division 3 - Public Employment Relations Board › Chapter 9 - Procedures Under Specified Transit District Acts and Laws › Section 93070 - Election Procedures

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) All
				elections shall be conducted by SMCS and shall be by secret ballot. Whenever
				two or more labor organizations are included as choices in an election, any
				participant, upon its prompt request to and approval thereof by the Director,
				whose decision shall be final, may have its name removed from the ballot.
				Provided, however, that in a proceeding involving a district-filed petition or
				a petition for decertification, the labor organization certified, currently
				recognized or found to be seeking recognition may not have its name removed
				from the ballot without timely notice in writing to all parties and to SMCS
				disclaiming any representation interest among the employees in the unit.
Any party may be represented by observers of its own
				  selection, subject to such limitations as SMCS may prescribe. Any party and any
				  agent or representative of SMCS may challenge for good cause the eligibility of
				  any person to vote in the election. Each challenged ballot shall be impounded.
				  Upon the conclusion of the election SMCS shall issue a tally of the ballots to
				  each party. Within five days thereafter any party may file with SMCS two copies
				  of objections to the conduct of the election or conduct affecting the results
				  of the election, which shall contain a short statement of the reasons for the
				  objections. The objecting party shall immediately serve a copy of such
				  objections upon each other party and file with SMCS proof of service and shall,
				  upon request, promptly furnish evidence to support the
				  objections.
(b) If (1) no
				objections are filed within the time specified in subsection (a) above, and (2)
				any challenged ballots are insufficient in number to affect the results of the
				election, and (3) no runoff election is to be held pursuant to Section
				93075 below, SMCS shall forthwith
				issue to the parties a certification of the results of the election, including
				certification of representatives where appropriate; and the case will be
				closed.
(c) If objections are filed
				to the conduct of the election or conduct affecting the results of the
				election, or if the challenged ballots are sufficient in number to affect the
				results of the election, the Director shall investigate such objections or
				challenges, or both, and shall prepare and serve upon the parties a report on
				such objections or challenged ballots, or both. Within 10 days from the date of
				issuance of the report on such objections or challenged ballots, or within such
				additional period as the Director may allow upon written application for
				extension made within such 10-day period, any party may file with the Director
				an original of exceptions to such report. Concurrently upon the filing of such
				exceptions, the filing party shall serve a copy upon each of the other parties,
				and proof thereof shall be promptly filed with the Director. If no exceptions
				are filed to such report within the time permitted, the Director may issue a
				written decision in conformity with such report, as to the validity of such
				objections or challenges or may make other disposition of the case based on an
				administrative investigation or in the exercise of reasonable discretion, and
				SMCS shall thereupon promptly act to close the case in accordance with such
				decision.
(d) If exceptions are
				filed, either to the report on challenged ballots or objections, or both if it
				is a consolidated report, the Director shall appoint a hearing officer to
				examine the exceptions and make recommendations. If it appears to the hearing
				officer that such exceptions do not raise substantial and material factual
				issues with respect to the conduct of the election or conduct affecting the
				results of the elections, the hearing officer may make written recommendations
				to the Director forthwith, and shall concurrently serve copies of said
				recommendations upon the parties. Within 10 days from the date of issuance of
				the aforesaid recommendations, or within such additional period as the Director
				may allow upon written application for extension made within the 10-day period,
				any party may file with the Board itself exceptions to the hearing officer's
				recommendations, in accordance with the provisions of Section
				93065. Concurrently upon the filing
				of such exceptions, the filing party shall serve a copy upon each of the other
				parties and proof thereof shall be promptly filed with the Board.
(e) If it appears to the hearing officer that
				any exceptions filed to the report of the Director on challenged ballots or
				objections raise substantial and material factual issues, the hearing officer
				shall cause to be served upon the parties a notice of hearing on said
				exceptions, which notice shall be given at least 10 days in advance of the date
				specified for the hearing. The hearing shall be conducted by the hearing
				officer in accordance with the provisions of Sections
				93030,
				93040,
				93045, and
				93050 insofar as applicable. Upon
				the close of the hearing, the hearing officer shall prepare and deliver to the
				Director a proposed decision resolving questions of credibility and containing
				findings of fact and recommendations as to the disposition of the challenges or
				objections, or both if it be a consolidated matter. Said decision,--together
				with (1) the notice of hearing, (2) motions, (3) rulings, (4) orders, (5)
				transcript of the hearing, (6) stipulations, (7) exceptions, (8) documentary
				evidence and briefs, (9) objections to the conduct of the election or conduct
				affecting the results of the election, (10) the report of Director on such
				objections, (11) the report of Director on challenged ballots, (12) exceptions
				to the report of the Director on objections or to the report on challenged
				ballots, and (13) the record previously made,--shall constitute the record in
				the case. A copy of the hearing officer's proposed decision shall immediately
				be served upon each of the parties, where-upon any of the parties may file
				exceptions to said report within the same time limitations and requirements as
				to service, and proof thereof, as are provided for in the case of exceptions
				filed under subsection (d) of this section.
(f) After the period for the filing of
				exceptions under subsection (d) or (e) has expired the Board shall issue a
				written decision and serve copies upon the parties. If the hearing officer has
				issued recommendations under subsection (d), finding that the exceptions to the
				report of the Director do not raise substantial and material factual issues,
				and exceptions to such recommendations have been filed, and after consideration
				of such exceptions the Board decides that the exceptions to the report of the
				Director do raise substantial and material factual issues, the Board shall
				direct the hearing officer to issue a notice of hearing, whereupon the
				procedures for a hearing and the issuance of the hearing officer's report
				provided for in subsection (e) of this section (including the provision for
				filing exceptions to the hearing officer's report) shall be followed. The Board
				may adopt the recommendations of the hearing officer issued under subsection
				(d) or the proposed decision of the hearing officer issued under subsection (e)
				as its own. SMCS shall thereafter promptly proceed to take such action as may
				be called for by the decision of the Board, after which the case will be
				closed.
Note: Authority cited: Sections
					 3541.3(g)
					 and
					 3603,
					 Government Code; and Sections 30751, 40122, 70122, 90300, 98162.5, 100301,
					 101344, 102403, 103401, 120505 and 125521, Appendix 1, Section 4.4 and Appendix
					 2, Section 13.91, Public Utilities Code. Reference: Sections 4.4, 13.91,
					 25052,
					 28851,
					 30751,
					 40122,
					 50121,
					 70122,
					 90300,
					 95651,
					 98162.5,
					 100301,
					 101344,
					 102403,
					 103401,
					 120505
					 and
					 125521,
					 Public Utilities Code. Additional reference: Labor Management Relations Act,
					 1947, Secion 9; 29 USC
					 Section 159; and
					 29 CFR Sections
					 102.60-102.72.
Note: Authority cited: Sections
					 3541.3(g)
					 and
					 3603,
					 Government Code; and Sections
					 30751,
					 40122,
					 70122,
					 90300,
					 98162.5,
					 100301,
					 101344,
					 102403,
					 103401,
					 120505 and
					 125521, Appendix 1, Section
					 4.4 and Appendix 2, Section
					 13.91,
					 Public Utilities Code. Reference: Sections
					 4.4,
					 13.91,
					 25052,
					 28851,
					 30751,
					 40122,
					 50121,
					 70122,
					 90300,
					 95651,
					 98162.5,
					 100301,
					 101344,
					 102403,
					 103401,
					 120505
					 and
					 125521,
					 Public Utilities Code. Additional reference: Labor Management Relations Act,
					 1947, Secion 9; 29 USC
					 Section 159; and
					 29 CFR Sections
					 102.60-102.72.