reglab/statecodes huggingface dataset:
California Code of Regulations › Title 8 - Industrial Relations › Division 3 - Public Employment Relations Board › Chapter 6 - Representation Proceedings Under Public Utilities Code Transit District Acts › Subchapter 3 - Representation Proceedings Under Public Utilities Code Transit Labor Relations Acts Other than TEERA › Article 6 - Petition for Amendment of Certification › Section 72065 - Petition for Amendment of Certification

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A
					 petition for amendment of certification of an existing bargaining unit may be
					 initiated by an exclusive representative or a PUC transit employer where the
					 certified exclusive representative has undergone a change, such as merger,
					 affiliation, amalgamation or transfer of jurisdiction that changes the identity
					 of the organization, or in the event of a change in the name or jurisdiction of
					 the employer. A petition for amendment of certification shall be filed pursuant
					 to the procedure governing petitions for certification, and the petition will
					 include the following additional information:
(1) The name, address and telephone number of
					 the employee organization and the name, address, e-mail address and telephone
					 number of the agent to be contacted;
(2) The name, address and telephone number of
					 the employer and the name, address, e-mail address and telephone number of the
					 agent to be contacted;
(3)
					 Identification and description of the established unit/existing
					 certification.
(4) A clear and
					 concise statement of the desired amendment and reasons for the amendment,
					 including the nature of the merger, amalgamation, affiliation or other change
					 in jurisdiction and the new name of the employee organization and/or the
					 employer.
California Code of Regulations › Title 8 - Industrial Relations › Division 3 - Public Employment Relations Board › Chapter 6 - Representation Proceedings Under Public Utilities Code Transit District Acts › Subchapter 3 - Representation Proceedings Under Public Utilities Code Transit Labor Relations Acts Other than TEERA › Article 6 - Petition for Amendment of Certification › Section 72070 - Response to Petition

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
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 SMCS 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.
Note: Authority cited: Sections
						  3541.3(g)
						  and
						  3603,
						  Government Code; and Sections 30751, 40122, 70122, 90300, 98162.5, 100301,
						  101344, 102403, 103401, 120505, 125521, Appendix 1, Section 4.4 and Appendix 2,
						  Section 13.91, Public Utilities Code. Reference: Sections 25052, 28851, 30751,
						  40122, 50121, 70122, 90300, 95651, 98162.5, 100301, 101344, 102403, 103401,
						  120505, 125521, Appendix 1, Section 4.4 and Appendix 2, Section 13.91, Public
						  Utilities Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 3 - Public Employment Relations Board › Chapter 6 - Representation Proceedings Under Public Utilities Code Transit District Acts › Subchapter 3 - Representation Proceedings Under Public Utilities Code Transit Labor Relations Acts Other than TEERA › Article 6 - Petition for Amendment of Certification › Section 72075 - Resolution of petition

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Upon approval of a petition for amendment of
						certification, SMCS shall issue a certification reflecting the new identity of
						the exclusive representative and/or employer. Such certification shall not be
						considered to be a new certification for the purpose of computing time limits
						for establishing a certification bar to the filing of representation petitions.
						Any determination made by the Director pursuant to this article may be appealed
						to the Board itself in accordance with the provisions of Chapter 1, Subchapter
						4 of these regulations.
Note: Authority cited: Sections
						  3541.3(g)
						  and
						  3603,
						  Government Code; and Sections 30751, 40122, 70122, 90300, 98162.5, 100301,
						  101344, 102403, 103401, 120505, 125521, Appendix 1, Section 4.4 and Appendix 2,
						  Section 13.91, Public Utilities Code. Reference: Sections 25052, 28851, 30751,
						  40122, 50121, 70122, 90300, 95651, 98162.5, 100301, 101344, 102403, 103401,
						  120505, 125521, Appendix 1, Section 4.4 and Appendix 2, Section 13.91, Public
						  Utilities Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 3 - Public Employment Relations Board › Chapter 6 - Representation Proceedings Under Public Utilities Code Transit District Acts › Subchapter 3 - Representation Proceedings Under Public Utilities Code Transit Labor Relations Acts Other than TEERA › Article 7 - Investigation of Certification, Decertification, Unit Clarification and Amendment Petitions by SMCS › Section 72080 - Investigation of Petitions by SMCS

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 Upon receipt of a petition for certification or decertification or for unit
					 clarification or amendment, SMCS 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) SMCS shall dismiss a certification or
					 decertification petition, or an employer representation petition, if:
(1) the petition is found to be improperly or
					 not timely filed;
(2) if the
					 petitioner has no standing to petition for the action requested;
(3) proof of support submitted falls short of
					 the required level of support, if any;
(4) there is no reasonable cause to believe
					 that there exists a question whether an employee organization or exclusive
					 representative represents a majority of employees of the PUC transit employer
					 in an appropriate unit;
(5) a
					 memorandum of understanding between the employer and an employee organization
					 covering any of the employees subject to the petition is currently in effect,
					 unless it is filed during the "window period" as defined by Section 72000,
					 subsection (c)(7), provided that if such memorandum of understanding has been
					 in effect for three years or more, unless otherwise provided by the authorizing
					 statute, there shall be no restriction as to the time of filing the request;
					 or
(6) within the 12 months
					 immediately preceding the date of filing of the petition, the employer has
					 lawfully recognized an employee organization as the exclusive representative of
					 any employees included in the unit described in the petition, or a valid
					 election result which covers any employees described in the petition is
					 certified.
California Code of Regulations › Title 8 - Industrial Relations › Division 3 - Public Employment Relations Board › Chapter 6 - Representation Proceedings Under Public Utilities Code Transit District Acts › Subchapter 3 - Representation Proceedings Under Public Utilities Code Transit Labor Relations Acts Other than TEERA › Article 8 - Procedures for Resolving Petitions › Section 72085 - Resolution of Petitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
In resolving a petition filed pursuant to this
						Subchapter, SMCS shall investigate and, where appropriate, conduct a hearing
						and/or a representation election, or take such other action as deemed necessary
						to decide the questions raised by the petition.
Note: Authority cited: Sections
						  3541.3(g)
						  and
						  3603,
						  Government Code; and Sections 30751, 40122, 70122, 90300, 98162.5, 100301,
						  101344, 102403, 103401, 120505, 125521, Appendix 1, Section 4.4 and Appendix 2,
						  Section 13.91, Public Utilities Code. Reference: Sections 25052, 28851, 30751,
						  40122, 50121, 70122, 90300, 95651, 98162.5, 100301, 101344, 102403, 103401,
						  120505, 125521, Appendix 1, Section 4.4 and Appendix 2, Section 13.91, Public
						  Utilities Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 3 - Public Employment Relations Board › Chapter 6 - Representation Proceedings Under Public Utilities Code Transit District Acts › Subchapter 3 - Representation Proceedings Under Public Utilities Code Transit Labor Relations Acts Other than TEERA › Article 8 - Procedures for Resolving Petitions › Section 72090 - Pre-Hearing Conference

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
SMCS may conduct a pre-hearing conference for the
						purposes of clarifying the issues and exploring settlement of the case.
Note: Authority cited: Sections
						  3541.3(g)
						  and
						  3603,
						  Government Code; and Sections 30751, 40122, 70122, 90300, 98162.5, 100301,
						  101344, 102403, 103401, 120505, 125521, Appendix 1, Section 4.4 and Appendix 2,
						  Section 13.91, Public Utilities Code. Reference: Sections 25052, 28851, 30751,
						  40122, 50121, 70122, 90300, 95651, 98162.5, 100301, 101344, 102403, 103401,
						  120505, 125521, Appendix 1, Section 4.4 and Appendix 2, Section 13.91, Public
						  Utilities Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 3 - Public Employment Relations Board › Chapter 6 - Representation Proceedings Under Public Utilities Code Transit District Acts › Subchapter 3 - Representation Proceedings Under Public Utilities Code Transit Labor Relations Acts Other than TEERA › Article 8 - Procedures for Resolving Petitions › Section 72095 - Notice of Hearing

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Upon determining that a hearing is necessary, SMCS shall
						serve a notice on all interested parties pursuant to Section
						32140 of these regulations. The
						notice shall state the date, time and place of hearing. The notice shall also
						include information regarding how an employee organization may become a party
						to the hearing. The Director may, on his or her own motion or the motion of any
						of the parties, order that petitions involving all or part of the same group of
						employees, or otherwise raising common issues, be consolidated for the purpose
						of hearing and decision.
Note: Authority cited: Sections
						  3541.3(g)
						  and
						  3603,
						  Government Code; and Sections 30751, 40122, 70122, 90300, 98162.5, 100301,
						  101344, 102403, 103401, 120505, 125521, Appendix 1, Section 4.4 and Appendix 2,
						  Section 13.91, Public Utilities Code. Reference: Sections 25052, 28851, 30751,
						  40122, 50121, 70122, 90300, 95651, 98162.5, 100301, 101344, 102403, 103401,
						  120505, 125521, Appendix 1, Section 4.4 and Appendix 2, Section 13.91, Public
						  Utilities Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 3 - Public Employment Relations Board › Chapter 6 - Representation Proceedings Under Public Utilities Code Transit District Acts › Subchapter 3 - Representation Proceedings Under Public Utilities Code Transit Labor Relations Acts Other than TEERA › Article 8 - Procedures for Resolving Petitions › Section 72100 - Conduct of Hearing

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 Hearings shall be conducted by a hearing officer designated by the Director, or
					 the Director may act as a hearing officer. A hearing officer may be substituted
					 for another hearing officer at any time during the proceeding at the discretion
					 of the Director.
(b) Hearings shall
					 be conducted pursuant to procedures set forth in Chapter 1, Subchapter 3
					 (commencing with Section
					 32165) of these regulations, except
					 for Section
					 32168.
Note: Authority cited: Sections
						  3541.3(g)
						  and
						  3603,
						  Government Code; and Sections 30751, 40122, 70122, 90300, 98162.5, 100301,
						  101344, 102403, 103401, 120505, 125521, Appendix 1, Section 4.4 and Appendix 2,
						  Section 13.91, Public Utilities Code. Reference: Sections 25052, 28851, 30751,
						  40122, 50121, 70122, 90300, 95651, 98162.5, 100301, 101344, 102403, 103401,
						  120505, 125521, Appendix 1, Section 4.4 and Appendix 2, Section 13.91, Public
						  Utilities Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 3 - Public Employment Relations Board › Chapter 6 - Representation Proceedings Under Public Utilities Code Transit District Acts › Subchapter 3 - Representation Proceedings Under Public Utilities Code Transit Labor Relations Acts Other than TEERA › Article 8 - Procedures for Resolving Petitions › Section 72105 - Intervention

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Any labor organization or other person desiring to
						intervene in any hearing shall make a motion for intervention stating the
						grounds upon which such labor organization or other person claims to have an
						interest in the proceeding. The hearing officer may by order in writing or on
						the record permit intervention to such extent and upon such terms as may be
						deemed proper, and such intervener shall thereupon become a party to the
						proceeding; provided, however, that (1) no labor organization which is a party
						to a collective bargaining agreement covering employees in the alleged
						appropriate unit shall be denied the right to intervene as a party in such
						proceeding, and (2) no labor organization which makes a showing of proved
						authorizations or membership of at least 10 percent of the employees in the
						unit claimed to be appropriate by the petitioner shall be denied the right to
						intervene as a party in such proceedings. Any labor organization desiring to
						intervene for the purpose of seeking an election in a unit different from that
						claimed to be appropriate by the petitioner shall be required to make a showing
						of proved authorizations or membership of a least 30 percent of the employees
						in the unit claimed to be appropriate by the organization seeking intervention.
						The district shall be deemed a party to each proceeding hereunder without the
						necessity of intervening therein.
Note: Authority cited: Sections
						  3541.3(g)
						  and
						  3603,
						  Government Code; and Sections 30751, 40122, 70122, 90300, 98162.5, 100301,
						  101344, 102403, 103401, 120505, 125521, Appendix 1, Section 4.4 and Appendix 2,
						  Section 13.91, Public Utilities Code. Reference: Sections 25052, 28851, 30751,
						  40122, 50121, 70122, 90300, 95651, 98162.5, 100301, 101344, 102403, 103401,
						  120505, 125521, Appendix 1, Section 4.4 and Appendix 2, Section 13.91, Public
						  Utilities Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 3 - Public Employment Relations Board › Chapter 6 - Representation Proceedings Under Public Utilities Code Transit District Acts › Subchapter 3 - Representation Proceedings Under Public Utilities Code Transit Labor Relations Acts Other than TEERA › Article 8 - Procedures for Resolving Petitions › Section 72110 - Withdrawal or Settlement of a Petition

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
At any time before the Board agent has issued a decision,
						a petitioner may withdraw, in writing, any petition filed under this
						subchapter, with service and proof of service as required pursuant to Section
						32140, or the parties may reach a
						settlement agreement as to some or all disputed issues. However, if exceptions
						or an appeal are pending before the Board itself, a party or parties seeking to
						effect a withdrawal or settlement must request leave from the Board itself. The
						Board itself may deny withdrawal requests in order to avoid infringing on
						statutory rights or when a matter involves continuing public interest and a
						precedential ruling on the matter will be instructive to all parties in a
						similar situation.
Note: Authority cited: Sections
						  3541.3(g)
						  and
						  3603,
						  Government Code; and Sections 30751, 40122, 70122, 90300, 98162.5, 100301,
						  101344, 102403, 103401, 120505, 125521, Appendix 1, Section 4.4 and Appendix 2,
						  Section 13.91, Public Utilities Code. Reference: Sections 25052, 28851, 30751,
						  40122, 50121, 70122, 90300, 95651, 98162.5, 100301, 101344, 102403, 103401,
						  120505, 125521, Appendix 1, Section 4.4 and Appendix 2, Section 13.91, Public
						  Utilities Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 3 - Public Employment Relations Board › Chapter 6 - Representation Proceedings Under Public Utilities Code Transit District Acts › Subchapter 3 - Representation Proceedings Under Public Utilities Code Transit Labor Relations Acts Other than TEERA › Article 8 - Procedures for Resolving Petitions › Section 72115 - Subpoenas

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Subpoenas may be issued pursuant to procedures set forth
						in Sections
						32149 and
						32150 of these regulations.
Note: Authority cited: Sections
						  3541.3(g)
						  and
						  3603,
						  Government Code; and Sections 30751, 40122, 70122, 90300, 98162.5, 100301,
						  101344, 102403, 103401, 120505, 125521, Appendix 1, Section 4.4 and Appendix 2,
						  Section 13.91, Public Utilities Code. Reference: Sections 25052, 28851, 30751,
						  40122, 50121, 70122, 90300, 95651, 98162.5, 100301, 101344, 102403, 103401,
						  120505, 125521, Appendix 1, Section 4.4 and Appendix 2, Section 13.91, Public
						  Utilities Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 3 - Public Employment Relations Board › Chapter 6 - Representation Proceedings Under Public Utilities Code Transit District Acts › Subchapter 3 - Representation Proceedings Under Public Utilities Code Transit Labor Relations Acts Other than TEERA › Article 8 - Procedures for Resolving Petitions › Section 72120 - Duties of Hearing Officer Following Hearing

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Upon the close of a hearing, the hearing officer shall as
						expeditiously as possible prepare a proposed decision and order, which shall be
						forwarded to the Director for approval. If the hearing officer determines that
						an election is to be held, the hearing officer shall set forth the appropriate
						unit or units within which such election(s) shall be held and the categories of
						employees who shall be eligible to vote in such unit or units. The decision of
						the hearing officer, as approved by the Director, shall be final if not
						appealed as set forth in Chapter 1, Subchapter 4 of these regulations. A copy
						of the proposed decision and order shall concurrently be served upon each of
						the parties by the Director.
Note: Authority cited: Sections
						  3541.3(g)
						  and
						  3603,
						  Government Code; and Sections 30751, 40122, 70122, 90300, 98162.5, 100301,
						  101344, 102403, 103401, 120505, 125521, Appendix 1, Section 4.4 and Appendix 2,
						  Section 13.91, Public Utilities Code. Reference: Sections 25052, 28851, 30751,
						  40122, 50121, 70122, 90300, 95651, 98162.5, 100301, 101344, 102403, 103401,
						  120505, 125521, Appendix 1, Section 4.4 and Appendix 2, Section 13.91, Public
						  Utilities Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 3 - Public Employment Relations Board › Chapter 6 - Representation Proceedings Under Public Utilities Code Transit District Acts › Subchapter 3 - Representation Proceedings Under Public Utilities Code Transit Labor Relations Acts Other than TEERA › Article 8 - Procedures for Resolving Petitions › Section 72125 - Exceptions to Hearing Officer Proposed Decision

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 Within 20 days from the date of service of the proposed decision and order, any
					 party may file with the Board itself exceptions to the proposed decision in
					 accordance with Section
					 32300.
(b) The provisions of Sections
					 32300 through
					 32320, and Sections
					 32400 and
					 32410, shall be applicable to
					 disputes arising under this Chapter. If the Board determines that an election
					 is to be held, the Board shall order such election within such unit or units as
					 have been found to be appropriate and shall determine the categories of
					 employees who shall be eligible to vote in such unit or units. A copy of the
					 decision and order of the Board shall be served upon each of the
					 parties.
Note: Authority cited: Sections
						  3541.3(g)
						  and
						  3603,
						  Government Code; and Sections 30751, 40122, 70122, 90300, 98162.5, 100301,
						  101344, 102403, 103401, 120505, 125521, Appendix 1, Section 4.4 and Appendix 2,
						  Section 13.91, Public Utilities Code. Reference: Sections 25052, 28851, 30751,
						  40122, 50121, 70122, 90300, 95651, 98162.5, 100301, 101344, 102403, 103401,
						  120505, 125521, Appendix 1, Section 4.4 and Appendix 2, Section 13.91, Public
						  Utilities Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 3 - Public Employment Relations Board › Chapter 6 - Representation Proceedings Under Public Utilities Code Transit District Acts › Subchapter 3 - Representation Proceedings Under Public Utilities Code Transit Labor Relations Acts Other than TEERA › Article 9 - Representation Elections › Section 72130 - Voluntary Recognition

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
If only one organization qualifies to appear on the
						ballot and the organization has demonstrated proof of majority support in the
						appropriate unit, the employer may grant voluntary recognition and notify SMCS
						to cancel the election.
Note: Authority cited: Sections
						  3541.3(g)
						  and
						  3603,
						  Government Code; and Sections 30751, 40122, 70122, 90300, 98162.5, 100301,
						  101344, 102403, 103401, 120505, 125521, Appendix 1, Section 4.4 and Appendix 2,
						  Section 13.91, Public Utilities Code. Reference: Sections 25052, 28851, 30751,
						  40122, 50121, 70122, 90300, 95651, 98162.5, 100301, 101344, 102403, 103401,
						  120505, 125521, Appendix 1, Section 4.4 and Appendix 2, Section 13.91, Public
						  Utilities Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 3 - Public Employment Relations Board › Chapter 6 - Representation Proceedings Under Public Utilities Code Transit District Acts › Subchapter 3 - Representation Proceedings Under Public Utilities Code Transit Labor Relations Acts Other than TEERA › Article 9 - Representation Elections › Section 72135 - Consent Election Agreements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
SMCS may approve a Consent Election Agreement of the
						parties regarding the conduct of an election. Such agreement shall include a
						description of the appropriate unit, the time and place of the election, and
						the payroll period to be used in determining employee eligibility to vote.
						Unless otherwise directed by the Director, the applicable payroll period is the
						payroll period immediately preceding the date the petition was filed. Such
						consent election shall be conducted under the direction and supervision of SMCS
						and in accordance with this Article. SMCS shall issue to the parties a
						certification of the results of the election, including a certification of
						representative where appropriate.
Note: Authority cited: Sections
						  3541.3(g)
						  and
						  3603,
						  Government Code; and Sections 30751, 40122, 70122, 90300, 98162.5, 100301,
						  101344, 102403, 103401, 120505, 125521, Appendix 1, Section 4.4 and Appendix 2,
						  Section 13.91, Public Utilities Code. Reference: Sections 25052, 28851, 30751,
						  40122, 50121, 70122, 90300, 95651, 98162.5, 100301, 101344, 102403, 103401,
						  120505, 125521, Appendix 1, Section 4.4 and Appendix 2, Section 13.91, Public
						  Utilities Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 3 - Public Employment Relations Board › Chapter 6 - Representation Proceedings Under Public Utilities Code Transit District Acts › Subchapter 3 - Representation Proceedings Under Public Utilities Code Transit Labor Relations Acts Other than TEERA › Article 9 - Representation Elections › Section 72140 - Ballots

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 All elections shall be conducted by secret ballot under the supervision of
					 SMCS. SMCS shall determine the date, time, place and manner of the election
					 absent an approved Consent Election Agreement.
(b) Ballots shall be prepared under the
					 supervision of SMCS. The order of voting choices and the wording of each ballot
					 entry shall be determined by SMCS absent an approved Consent Election
					 Agreement.
(c) Except in the case
					 of a runoff election, the ballot entry of "No Representation" shall appear on
					 each ballot in a representation election.
(d) At any time prior to issuance of the
					 notice of election (pursuant to Section 72147), an employee organization may
					 file a request with the SMCS to have its name removed from the ballot. The
					 request shall disclaim any interest in representing the employees in the
					 described unit and shall be served on all parties and on SMCS. Service and
					 proof of service of the request pursuant to Section
					 32140 are required.
Note: Authority cited: Sections
						  3541.3(g)
						  and
						  3603,
						  Government Code; and Sections 30751, 40122, 70122, 90300, 98162.5, 100301,
						  101344, 102403, 103401, 120505, 125521, Appendix 1, Section 4.4 and Appendix 2,
						  Section 13.91, Public Utilities Code. Reference: Sections 25052, 28851, 30751,
						  40122, 50121, 70122, 90300, 95651, 98162.5, 100301, 101344, 102403, 103401,
						  120505, 125521, Appendix 1, Section 4.4 and Appendix 2, Section 13.91, Public
						  Utilities Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 3 - Public Employment Relations Board › Chapter 6 - Representation Proceedings Under Public Utilities Code Transit District Acts › Subchapter 3 - Representation Proceedings Under Public Utilities Code Transit Labor Relations Acts Other than TEERA › Article 9 - Representation Elections › Section 72145 - Directed Election Order

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
When SMCS has determined that an election is required and
						no Consent Election Agreement is in place, SMCS shall serve on the employer and
						the parties a Directed Election Order containing specific instructions
						regarding the conduct of the election.
Note: Authority cited: Sections
						  3541.3(g)
						  and
						  3603,
						  Government Code; and Sections 30751, 40122, 70122, 90300, 98162.5, 100301,
						  101344, 102403, 103401, 120505, 125521, Appendix 1, Section 4.4 and Appendix 2,
						  Section 13.91, Public Utilities Code. Reference: Sections 25052, 28851, 30751,
						  40122, 50121, 70122, 90300, 95651, 98162.5, 100301, 101344, 102403, 103401,
						  120505, 125521, Appendix 1, Section 4.4 and Appendix 2, Section 13.91, Public
						  Utilities Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 3 - Public Employment Relations Board › Chapter 6 - Representation Proceedings Under Public Utilities Code Transit District Acts › Subchapter 3 - Representation Proceedings Under Public Utilities Code Transit Labor Relations Acts Other than TEERA › Article 9 - Representation Elections › Section 72147 - Notice of Election

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Pursuant to a Consent Election Agreement or Directed
						Election Order, SMCS shall serve a notice of election on the parties. The
						notice of election shall contain a sample ballot, a description of the voting
						unit, and information regarding the balloting process. SMCS shall instruct the
						employer to electronically provide the notice of election to eligible voters
						and to post the notice of election conspicuously on all employee bulletin
						boards in each facility of the employer in which eligible voters are
						employed.
Note: Authority cited: Sections
						  3541.3(g)
						  and
						  3603,
						  Government Code; and Sections 30751, 40122, 70122, 90300, 98162.5, 100301,
						  101344, 102403, 103401, 120505, 125521, Appendix 1, Section 4.4 and Appendix 2,
						  Section 13.91, Public Utilities Code. Reference: Sections 25052, 28851, 30751,
						  40122, 50121, 70122, 90300, 95651, 98162.5, 100301, 101344, 102403, 103401,
						  120505, 125521, Appendix 1, Section 4.4 and Appendix 2, Section 13.91, Public
						  Utilities Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 3 - Public Employment Relations Board › Chapter 6 - Representation Proceedings Under Public Utilities Code Transit District Acts › Subchapter 3 - Representation Proceedings Under Public Utilities Code Transit Labor Relations Acts Other than TEERA › Article 9 - Representation Elections › Section 72150 - List of Voters

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) At
					 a date established by SMCS, the employer shall file with SMCS a list of names
					 of all employees included in the voting unit as of the cutoff date for voter
					 eligibility. Unless otherwise ordered by the Director, the cutoff date for
					 voter eligibility is established by the payroll period immediately preceding
					 the date the petition was filed. Unless otherwise directed by SMCS, the voter
					 list for an on-site election shall be in alphabetical order by assigned polling
					 site and shall include the job title or classification, work location and home
					 address of each eligible voter. Unless otherwise directed by SMCS, the voter
					 list for a mailed ballot election shall be in alphabetical order and include
					 the job title and home address of each eligible voter and shall be accompanied
					 by two sets of name and home address labels for each eligible voter. The
					 election supervisor may require that the voter list be submitted in an
					 electronic format.
(b) A list of
					 eligible voters which meets the requirements of subsection (a) above but
					 contains, in lieu of the home address, a mailing address for each eligible
					 voter shall be concurrently served by the employer on each other party to the
					 election. Proof of service shall be filed with SMCS. For purposes of this
					 subsection, "mailing address" means the home address of the employee unless the
					 release of the home address of the employee is prohibited by law, or SMCS
					 determines that the release of the home address is likely to be harmful to the
					 employee.
(c) Any party who
					 receives the mailing addresses of eligible voters pursuant to this section
					 shall keep these addresses confidential and shall neither distribute them to
					 any other organization or individual nor utilize them for any other
					 purpose.
Note: Authority cited: Sections
						  3541.3(g)
						  and
						  3603,
						  Government Code; and Sections 30751, 40122, 70122, 90300, 98162.5, 100301,
						  101344, 102403, 103401, 120505, 125521, Appendix 1, Section 4.4 and Appendix 2,
						  Section 13.91, Public Utilities Code. Reference: Sections 25052, 28851, 30751,
						  40122, 50121, 70122, 90300, 95651, 98162.5, 100301, 101344, 102403, 103401,
						  120505, 125521, Appendix 1, Section 4.4 and Appendix 2, Section 13.91, Public
						  Utilities Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 3 - Public Employment Relations Board › Chapter 6 - Representation Proceedings Under Public Utilities Code Transit District Acts › Subchapter 3 - Representation Proceedings Under Public Utilities Code Transit Labor Relations Acts Other than TEERA › Article 9 - Representation Elections › Section 72155 - Voter Eligibility

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Unless otherwise directed by SMCS, to be eligible to vote
						in an election, employees must be employed in the voting unit as of the cutoff
						date for voter eligibility, and still employed on the date they cast their
						ballots in the election. Unless otherwise ordered by the Director, the cutoff
						date for voter eligibility is established by the payroll period immediately
						preceding the date the petition was filed. Employees who are ill, on vacation,
						on leave of absence or sabbatical, temporarily laid off, and employees who are
						in the military service of the United States shall be eligible to vote. Mailed
						ballots may be utilized to maximize the opportunity of such voters to cast
						their ballots.
Note: Authority cited: Sections
						  3541.3(g)
						  and
						  3603,
						  Government Code; and Sections 30751, 40122, 70122, 90300, 98162.5, 100301,
						  101344, 102403, 103401, 120505, 125521, Appendix 1, Section 4.4 and Appendix 2,
						  Section 13.91, Public Utilities Code. Reference: Sections 25052, 28851, 30751,
						  40122, 50121, 70122, 90300, 95651, 98162.5, 100301, 101344, 102403, 103401,
						  120505, 125521, Appendix 1, Section 4.4 and Appendix 2, Section 13.91, Public
						  Utilities Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 3 - Public Employment Relations Board › Chapter 6 - Representation Proceedings Under Public Utilities Code Transit District Acts › Subchapter 3 - Representation Proceedings Under Public Utilities Code Transit Labor Relations Acts Other than TEERA › Article 9 - Representation Elections › Section 72160 - Observers

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Each party shall be allowed to station one or more
						authorized observers selected from the non-management, nonsupervisory employees
						of the employer at each polling place during an on-site election to assist in
						the conduct of the election and to challenge the eligibility of voters. If the
						unit consists of supervisory employees, the parties may designate supervisors
						as observers.
Note: Authority cited: Sections
						  3541.3(g)
						  and
						  3603,
						  Government Code; and Sections 30751, 40122, 70122, 90300, 98162.5, 100301,
						  101344, 102403, 103401, 120505, 125521, Appendix 1, Section 4.4 and Appendix 2,
						  Section 13.91, Public Utilities Code. Reference: Sections 25052, 28851, 30751,
						  40122, 50121, 70122, 90300, 95651, 98162.5, 100301, 101344, 102403, 103401,
						  120505, 125521, Appendix 1, Section 4.4 and Appendix 2, Section 13.91, Public
						  Utilities Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 3 - Public Employment Relations Board › Chapter 6 - Representation Proceedings Under Public Utilities Code Transit District Acts › Subchapter 3 - Representation Proceedings Under Public Utilities Code Transit Labor Relations Acts Other than TEERA › Article 9 - Representation Elections › Section 72165 - Challenges

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) In
					 an on-site election, SMCS or an authorized observer may challenge, for good
					 cause, the eligibility of a voter. A person so challenged shall be permitted to
					 cast a challenged ballot.
(b) In a
					 mailed ballot election, SMCS or an authorized agent of any party to the
					 election may challenge, for good cause, the eligibility of a voter. Such
					 challenges shall be made prior to the tally of the ballots.
(c) When sufficient in number to affect the
					 outcome of the election, unresolved challenges shall be resolved by SMCS
					 pursuant to Section 72175.
(d) For
					 purposes of this section, "good cause" means failure to comply with voter
					 eligibility criteria established pursuant to Section 72155.
Note: Authority cited: Sections
						  3541.3(g)
						  and
						  3603,
						  Government Code; and Sections 30751, 40122, 70122, 90300, 98162.5, 100301,
						  101344, 102403, 103401, 120505, 125521, Appendix 1, Section 4.4 and Appendix 2,
						  Section 13.91, Public Utilities Code. Reference: Sections 25052, 28851, 30751,
						  40122, 50121, 70122, 90300, 95651, 98162.5, 100301, 101344, 102403, 103401,
						  120505, 125521, Appendix 1, Section 4.4 and Appendix 2, Section 13.91, Public
						  Utilities Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 3 - Public Employment Relations Board › Chapter 6 - Representation Proceedings Under Public Utilities Code Transit District Acts › Subchapter 3 - Representation Proceedings Under Public Utilities Code Transit Labor Relations Acts Other than TEERA › Article 9 - Representation Elections › Section 72170 - Tally of Ballots

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 Each party shall be allowed to station one or more authorized agents at the
					 ballot count to verify the tally of ballots.
(b) At the conclusion of the counting of
					 ballots, SMCS shall serve a tally of the ballots on each party.
(c) Unless otherwise authorized by statute, a
					 majority of the valid votes cast shall determine the outcome of the
					 election.
Note: Authority cited: Sections
						  3541.3(g)
						  and
						  3603,
						  Government Code; and Sections 30751, 40122, 70122, 90300, 98162.5, 100301,
						  101344, 102403, 103401, 120505, 125521, Appendix 1, Section 4.4 and Appendix 2,
						  Section 13.91, Public Utilities Code. Reference: Sections 25052, 28851, 30751,
						  40122, 50121, 70122, 90300, 95651, 98162.5, 100301, 101344, 102403, 103401,
						  120505, 125521, Appendix 1, Section 4.4 and Appendix 2, Section 13.91, Public
						  Utilities Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 3 - Public Employment Relations Board › Chapter 6 - Representation Proceedings Under Public Utilities Code Transit District Acts › Subchapter 3 - Representation Proceedings Under Public Utilities Code Transit Labor Relations Acts Other than TEERA › Article 9 - Representation Elections › Section 72175 - Resolution of Challenges

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
When the tally of ballots discloses that the challenged
						ballots are sufficient in number to affect the outcome of the election, unless
						otherwise provided by a consent election agreement, SMCS shall conduct an
						investigation and, where appropriate, conduct a hearing or take such other
						action as deemed necessary to determine the eligibility of the challenged
						voters. Any determination made by a hearing officer pursuant to this section
						may be appealed to the Board itself in accordance with the provisions of
						Chapter 1, Subchapter 4 of these regulations.
Note: Authority cited: Sections
						  3541.3(g)
						  and
						  3603,
						  Government Code; and Sections 30751, 40122, 70122, 90300, 98162.5, 100301,
						  101344, 102403, 103401, 120505, 125521, Appendix 1, Section 4.4 and Appendix 2,
						  Section 13.91, Public Utilities Code. Reference: Sections 25052, 28851, 30751,
						  40122, 50121, 70122, 90300, 95651, 98162.5, 100301, 101344, 102403, 103401,
						  120505, 125521, Appendix 1, Section 4.4 and Appendix 2, Section 13.91, Public
						  Utilities Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 3 - Public Employment Relations Board › Chapter 6 - Representation Proceedings Under Public Utilities Code Transit District Acts › Subchapter 3 - Representation Proceedings Under Public Utilities Code Transit Labor Relations Acts Other than TEERA › Article 9 - Representation Elections › Section 72180 - Runoff Elections

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
In a representation election, SMCS shall direct a runoff
						election when a valid election results in none of the choices receiving a
						majority of the valid votes cast. The ballot for the runoff election shall
						provide for a selection between the two ballot entries receiving the largest
						and second largest number of valid votes cast in the election. The election
						procedures of this Article shall apply to runoff elections.
Note: Authority cited: Sections
						  3541.3(g)
						  and
						  3603,
						  Government Code; and Sections 30751, 40122, 70122, 90300, 98162.5, 100301,
						  101344, 102403, 103401, 120505, 125521, Appendix 1, Section 4.4 and Appendix 2,
						  Section 13.91, Public Utilities Code. Reference: Sections 25052, 28851, 30751,
						  40122, 50121, 70122, 90300, 95651, 98162.5, 100301, 101344, 102403, 103401,
						  120505, 125521, Appendix 1, Section 4.4 and Appendix 2, Section 13.91, Public
						  Utilities Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 3 - Public Employment Relations Board › Chapter 6 - Representation Proceedings Under Public Utilities Code Transit District Acts › Subchapter 3 - Representation Proceedings Under Public Utilities Code Transit Labor Relations Acts Other than TEERA › Article 9 - Representation Elections › Section 72185 - 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 SMCS 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 SMCS
					 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 6 - Representation Proceedings Under Public Utilities Code Transit District Acts › Subchapter 3 - Representation Proceedings Under Public Utilities Code Transit Labor Relations Acts Other than TEERA › Article 9 - Representation Elections › Section 72190 - Powers and Duties of SMCS Concerning Objections and Challenges

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
SMCS may schedule a hearing when substantial and material
						factual disputes exist. With or without a hearing, SMCS has the power
						to:
(a) Direct any party to submit
					 evidence through declarations signed under penalty of perjury or through other
					 documents;
(b) Subpoena
					 records;
(c) Direct any party to
					 submit an offer of proof;
(d)
					 Conduct investigatory conferences with the parties to explore and resolve
					 factual or legal issues;
(e)
					 Dismiss any objections or challenges; and
(f) Order a new election. In cases of
					 egregious conduct preventing a fair new election, SMCS may issue a bargaining
					 order, but such an order must be following a hearing.
Note: Authority cited: Sections
						  3541.3(g)
						  and
						  3603,
						  Government Code; and Sections 30751, 40122, 70122, 90300, 98162.5, 100301,
						  101344, 102403, 103401, 120505, 125521, Appendix 1, Section 4.4 and Appendix 2,
						  Section 13.91, Public Utilities Code. Reference: Sections 25052, 28851, 30751,
						  40122, 50121, 70122, 90300, 95651, 98162.5, 100301, 101344, 102403, 103401,
						  120505, 125521, Appendix 1, Section 4.4 and Appendix 2, Section 13.91, Public
						  Utilities Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 3 - Public Employment Relations Board › Chapter 6 - Representation Proceedings Under Public Utilities Code Transit District Acts › Subchapter 3 - Representation Proceedings Under Public Utilities Code Transit Labor Relations Acts Other than TEERA › Article 9 - Representation Elections › Section 72195 - Hearings on Objections and Challenges

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
SMCS shall follow the hearing procedures described in
						Chapter 1, Subchapter 3 (commencing with Section
						32165) of these regulations.
Note: Authority cited: Sections
						  3541.3(g)
						  and
						  3603,
						  Government Code; and Sections 30751, 40122, 70122, 90300, 98162.5, 100301,
						  101344, 102403, 103401, 120505, 125521, Appendix 1, Section 4.4 and Appendix 2,
						  Section 13.91, Public Utilities Code. Reference: Sections 25052, 28851, 30751,
						  40122, 50121, 70122, 90300, 95651, 98162.5, 100301, 101344, 102403, 103401,
						  120505, 125521, Appendix 1, Section 4.4 and Appendix 2, Section 13.91, Public
						  Utilities Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 3 - Public Employment Relations Board › Chapter 6 - Representation Proceedings Under Public Utilities Code Transit District Acts › Subchapter 3 - Representation Proceedings Under Public Utilities Code Transit Labor Relations Acts Other than TEERA › Article 9 - Representation Elections › Section 72200 - Appeals from, and Exceptions to, Rulings on Objections or Challenges

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
An aggrieved party may appeal an administrative
						determination without a hearing, or take exceptions to a proposed decision
						after a hearing, in accordance with Chapter 1, Subchapter 4 of these
						regulations.
Note: Authority cited: Sections
						  3541.3(g)
						  and
						  3603,
						  Government Code; and Sections 30751, 40122, 70122, 90300, 98162.5, 100301,
						  101344, 102403, 103401, 120505, 125521, Appendix 1, Section 4.4 and Appendix 2,
						  Section 13.91, Public Utilities Code. Reference: Sections 25052, 28851, 30751,
						  40122, 50121, 70122, 90300, 95651, 98162.5, 100301, 101344, 102403, 103401,
						  120505, 125521, Appendix 1, Section 4.4 and Appendix 2, Section 13.91, Public
						  Utilities Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 3 - Public Employment Relations Board › Chapter 6 - Representation Proceedings Under Public Utilities Code Transit District Acts › Subchapter 3 - Representation Proceedings Under Public Utilities Code Transit Labor Relations Acts Other than TEERA › Article 9 - Representation Elections › Section 72205 - Revised Tally of Ballots

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 Should a ruling on challenged ballots direct that any such ballots be voided or
					 opened and counted, SMCS 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.
(b) Any party
					 shall have 10 days following the revised tally to file a written notice of an
					 alleged outcome-determinative error in the revised tally, with service and
					 proof of service pursuant to Section
					 32140. Upon receipt of such written
					 notice of alleged error, SMCS shall solicit and consider the position of all
					 parties before finalizing the revised tally.
Note: Authority cited: Sections
						  3541.3(g)
						  and
						  3603,
						  Government Code; and Sections 30751, 40122, 70122, 90300, 98162.5, 100301,
						  101344, 102403, 103401, 120505, 125521, Appendix 1, Section 4.4 and Appendix 2,
						  Section 13.91, Public Utilities Code. Reference: Sections 25052, 28851, 30751,
						  40122, 50121, 70122, 90300, 95651, 98162.5, 100301, 101344, 102403, 103401,
						  120505, 125521, Appendix 1, Section 4.4 and Appendix 2, Section 13.91, Public
						  Utilities Code.