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 32720 - Authority to Conduct Elections

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
An election shall be conducted when the Board issues a
						decision directing an election or approves an agreement for a consent election,
						pursuant to the provisions of Articles 3, 4 or 5 of this Subchapter; Chapter 2,
						Subchapters 1 and 2; Chapter 3, Subchapter 1; Chapter 4, Subchapter 1 or 2;
						Chapter 6; or Chapter 10, Subchapter 1 of these regulations. This Section does
						not apply to:
(1) elections involving
					 transit districts, as defined by Chapter 9, Section
					 93000, where SMCS conducts
					 elections pursuant to Chapter 9, section
					 93020, or
(2) consent elections conducted by SMCS under
					 the MMBA, Trial Court Act, or Court Interpreter Act, pursuant to Section
					 32999.
(b) The Board shall determine the date, time,
					 place and manner of the election absent an approved agreement of the
					 parties.
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 of section and NOTE filed
						6-3-94; operative 7-5-94 (Register 94, No. 22).
4. Change without
						regulatory effect amending section filed 3-22-95 pursuant to section
						100, title 1, California Code of
						Regulations (Register 95, No. 12).
5. Amendment of section and NOTE
						filed 6-13-2001; operative 6-13-2001 (Register 2001, No. 24).
6.
						Change without regulatory effect amending NOTE filed 5-20-2002 pursuant to
						section 100, title 1, California Code of
						Regulations (Register 2002, No. 21).
7. Amendment of first paragraph
						and 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						by 6-1-2004 or emergency language will be repealed by operation of law on the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.
8. Certificate of Compliance as to 2-2-2004 order
						transmitted to OAL 5-4-2004 and filed 6-8-2004 (Register 2004, No.
						24).
9. Amendment of section and 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.
10. Certificate of Compliance as to 12-6-2013 order transmitted
						to OAL 5-29-2014 and filed 7-10-2014 (Register 2014, No. 28).
11.
						Change without regulatory effect amending section and NOTE filed 5-8-2018
						pursuant to section
						100, title 1, California Code of
						Regulations (Register 2018, No. 19).
12. Amendment filed 10-20-2021;
						operative 1-1-2022 (Register 2021, No. 43). Filing deadline specified in
						Government Code section
						11349.3(a)
						extended 60 calendar days pursuant to Executive Order N-40-20.
13.
						Amendment of subsection (a) and 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
						  3541.3(c),
						  3541.3(e),
						  3541.3(g),
						  3541.3(l),
						  3541.3(m),
						  3513(h),
						  3520.5(b),
						  3524.52(a),
						  3524.74(a),
						  3524.74(b),
						  3524.74(d),
						  3544.1(a),
						  3544.3,
						  3544.7(a),
						  3546,
						  3563(c),
						  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.