California Code of Regulations › Title 8 - Industrial Relations › Division 3 - Public Employment Relations Board › Chapter 4 - Higher Education Employer-Employee Relations Act › Subchapter 1 - Representation Procedures › Article 2 - Request for Recognition and Intervention › Section 51030 - Request for Recognition

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A request for recognition by an employee
					 organization seeking to become the exclusive representative of an appropriate
					 unit shall be filed with the employer. A copy of the request shall be filed
					 concurrently with the regional office. The request shall be signed by an
					 authorized agent of the employee organization and be on a form provided by the
					 Board.
(b) Proof of majority
					 support in the unit claimed to be appropriate shall be filed with the regional
					 office or with a mutually agreed upon third party concurrent with the filing of
					 the request for recognition. Proof of support is defined in Chapter 1, Section
					 32700 of these
					 regulations.
(c) Concurrent with
					 the filing of the request, the employee organization shall serve a copy of the
					 request, excluding the proof of majority sup-port, on the parties. Proof of
					 service pursuant to Section
					 32140 is required.
(d) A petition to become the exclusive
					 representative of a group of employees who are already members of a larger
					 established unit represented by an incumbent exclusive representative shall be
					 filed pursuant to either Article 2 or Article 3 and in accordance with the
					 provisions of Article 7 (commencing with Section
					 51680). A petition to become the
					 exclusive representative of all of the employees in an established unit
					 represented by an incumbent exclusive representative shall be filed pursuant to
					 Chapter 1, Subchapter 6, Article 4 (commencing with Section
					 32770) of these
					 regulations.
1.
						Amendment of subsection (b) filed 12-31-79 as an emergency; effective upon
						filing (Register 80, No. 1). A Certificate of Compliance must be filed within
						120 days or emergency language will be repealed on 4-30-80.
2.
						Repealed by operation of Section
						11422.1(c),
						Government Code (Register 80, No. 21).
3. Amendment of subsection
						(b) filed 5-21-80 as an emergency; effective upon filing (Register 80, No. 21).
						A Certificate of Compliance must be filed within 120 days or emergency language
						will be repealed on 9-19-80.
4. Certificate of Compliance filed
						6-18-80 (Register 80, No. 25).
5. Amendment filed 6-18-80; effective
						thirtieth day thereafter (Register 80, No. 25).
6. Amendment filed
						9-20-82; effective upon filing pursuant to Government Code Section
						11346.2(d)
						(Register 82, No. 39).
7. Change without regulatory effect amending
						subsections (b) and (d) filed 3-22-95 pursuant to section
						100, title 1, California Code of
						Regulations (Register 95, No. 12).
Note: Authority cited: Section
						  3563(f),
						  Government Code. Reference: Sections
						  3563
						  (l) and
						  3573,
						  Government Code.