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 20363 - Post-Election Determination of Challenges

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) If the tally of ballots discloses that
				the unresolved challenged ballots are sufficient in number to affect the
				outcome of the election, the regional director shall, within two (2) working
				days, forward to the Board all challenged ballot declarations and all other
				evidence in the regional director's possession relevant to the eligibility of
				the challenged voters and shall serve the same on all parties to the election.
				However, should the evidence include any declarations or statements of
				non-supervisory agricultural employees other than those of the challenged
				voters, the regional director shall serve on the parties only a summary of such
				declarations, prepared in a manner that does not reveal the identity of the
				declarants. Within 10 days of service of the challenged ballot declarations and
				other evidence, the parties may file with the executive secretary, as agent of
				the Board, and serve on all other parties to the election, declarations and/or
				documentary evidence in support of their positions as to the eligibility of the
				challenged voters, accompanied by argument explaining their positions and the
				relevance of the proffered evidence. The 21-day period set forth in Labor Code
				section
				1156.3
				(i)(1)(A)(i) shall run from receipt by the
				Board of the evidence submitted by all parties, or the expiration of the 10-day
				period to submit evidence, whichever occurs first. Within five days of service
				of the other parties' evidence and argument, any party may file argument in
				response. Filing and service shall be in accordance with sections
				20160,
				20164,
				20166, and
				20169. At any time after the tally
				of ballots and prior to the issuance of its decision resolving challenges
				and/or setting them for hearing, the Board may request that the appropriate
				regional director conduct such investigation as the Board deems necessary. Any
				evidence obtained as a result of such investigation shall be submitted to the
				Board and served on the parties in the same manner as specified
				above.
(b) The Board shall, after
				considering the evidence and the parties' arguments, determine which challenges
				may be resolved thereon and which require the resolution of material factual
				disputes, and thus must be set for an evidentiary hearing in accordance with
				section 20370.
(c) In serving declarations and supporting
				documents on other parties pursuant to subdivision (a), the parties shall have
				the option of serving a detailed statement of facts in lieu of the
				declarations. This detailed statement of facts shall describe the contents of
				declarations in sufficient detail to allow an opposing party to secure its own
				witnesses and otherwise prepare itself to counter the evidence at an
				evidentiary hearing. A party electing to serve a detailed statement of facts on
				other parties shall also file the statement with the executive secretary
				together with the declarations.
(d)
				The record before the Board shall consist of: the election petition, the notice
				and direction of election, the tally of ballots, the evidence and argument
				submitted by the parties, and the declarations and other evidence forwarded by
				the regional director.
1. New
				  subsection (c) filed 1-26-79; effective thirtieth day thereafter (Register 79,
				  No. 4).
2. Change without regulatory effect amending subsection (b)
				  filed 11-4-91 pursuant to section
				  100, title 1, California Code of
				  Regulations (Register 92, No. 12).
3. New subsection (c), subsection
				  relettering and amendment of NOTE filed 5-9-2002; operative 6-8-2002 (Register
				  2002, No. 19).
4. Amendment of subsections (a), (b) and (d) filed
				  4-18-2007; operative 5-18-2007 (Register 2007, No. 16).
5. Amendment
				  of section and NOTE filed 5-2-2012; operative 5-2-2012 pursuant to Government
				  Code section
				  11343.4
				  (Register 2012, No. 18).
6. 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).
7. Amendment of subsections (a) and (c)
				  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.