reglab/statecodes huggingface dataset:
California Code of Regulations › Title 8 - Industrial Relations › Division 3 - Public Employment Relations Board › Chapter 7 - Trial Court Employment Protection and Governance Act › Article 2 - Elections › Section 81155 - Powers and Duties of Board Agent Concerning Objections

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Concerning objections, the Board agent has the power
					 to:
(a) Direct any party to submit
				  evidence through declarations or documents;
(b) Order the inspection of documents by
				  Board agents or the parties;
(c)
				  Direct any party to submit an offer of proof;
(d) Obtain declarations from witnesses based
				  on personal knowledge;
(e) Conduct
				  investigatory conferences with the parties to explore and resolve factual or
				  legal issues;
(f) Dismiss any
				  objections which, after investigation, do not warrant setting aside the
				  election. Any such dismissal is appealable to the Board itself pursuant to
				  Chapter 1, Subchapter 4, Article 3 of these regulations.
(g) Issue a written determination setting
				  aside the election when, after investigation, it appears that such action is
				  warranted, and that no material factual disputes exist. Such determination
				  shall be in writing and served on the parties. Any such determination is
				  appealable to the Board itself pursuant to Chapter 1, Subchapter 4, Article 3
				  of these regulations.
(h) Schedule
				  a hearing when substantial and material factual disputes exist. Any hearing
				  shall be limited to the issues set forth in the notice of hearing.
1. New
					 section filed 8-30-2004 as an emergency; operative 8-30-2004 (Register 2004,
					 No. 36). A Certificate of Compliance must be transmitted to OAL by 12-28-2004
					 or emergency language will be repealed by operation of law on the following
					 day.
2. New section refiled 12-27-2004 as an emergency; operative
					 12-29-2004 (Register 2004, No. 53). A Certificate of Compliance must be
					 transmitted to OAL by 4-28-2005 or emergency language will be repealed by
					 operation of law on the following day.
3. Certificate of Compliance
					 as to 12-27-2004 order transmitted to OAL 4-26-2005 and filed 5-31-2005
					 (Register 2005, No. 22).
Note: Authority cited: Sections
						3541.3(g)
						and
						71639.1(b),
						Government Code. Reference: Sections
						3541.3,
						71632.5,
						71636,
						71636.3,
						71637,
						71637.1
						and
						71639.1,
						Government Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 3 - Public Employment Relations Board › Chapter 7 - Trial Court Employment Protection and Governance Act › Article 2 - Elections › Section 81160 - Withdrawal of Objections

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Any party may withdraw its objections to an election prior
					 to a final decision by the Board.
1. New
					 section filed 8-30-2004 as an emergency; operative 8-30-2004 (Register 2004,
					 No. 36). A Certificate of Compliance must be transmitted to OAL by 12-28-2004
					 or emergency language will be repealed by operation of law on the following
					 day.
2. New section refiled 12-27-2004 as an emergency; operative
					 12-29-2004 (Register 2004, No. 53). A Certificate of Compliance must be
					 transmitted to OAL by 4-28-2005 or emergency language will be repealed by
					 operation of law on the following day.
3. Certificate of Compliance
					 as to 12-27-2004 order transmitted to OAL 4-26-2005 and filed 5-31-2005
					 (Register 2005, No. 22).
Note: Authority cited: Sections
						3541.3(g)
						and
						71639.1(b),
						Government Code. Reference: Sections
						3541.3,
						71632.5,
						71636,
						71636.3,
						71637,
						71637.1
						and
						71639.1,
						Government Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 3 - Public Employment Relations Board › Chapter 7 - Trial Court Employment Protection and Governance Act › Article 2 - Elections › Section 81165 - Hearings on Objections and Challenges

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Objections to the conduct of an election which have not
					 been dismissed pursuant to Section
					 81155(f) or
					 unresolved challenged ballots sufficient in number to affect the outcome of the
					 election may be resolved through the hearing procedures described in Chapter 1,
					 Subchapter 3.
1. New
					 section filed 8-30-2004 as an emergency; operative 8-30-2004 (Register 2004,
					 No. 36). A Certificate of Compliance must be transmitted to OAL by 12-28-2004
					 or emergency language will be repealed by operation of law on the following
					 day.
2. New section refiled 12-27-2004 as an emergency; operative
					 12-29-2004 (Register 2004, No. 53). A Certificate of Compliance must be
					 transmitted to OAL by 4-28-2005 or emergency language will be repealed by
					 operation of law on the following day.
3. Certificate of Compliance
					 as to 12-27-2004 order transmitted to OAL 4-26-2005 and filed 5-31-2005
					 (Register 2005, No. 22).
Note: Authority cited: Sections
						3541.3(g)
						and
						71639.1(b),
						Government Code. Reference: Sections
						3541.3,
						71632.5,
						71636,
						71636.3,
						71637,
						71637.1
						and
						71639.1,
						Government Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 3 - Public Employment Relations Board › Chapter 7 - Trial Court Employment Protection and Governance Act › Article 2 - Elections › Section 81170 - Exception to Decision on Objections or Challenges

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Exceptions to a Board agent's proposed decision on
					 objections to the conduct of the election or challenged ballots may be taken in
					 accordance with the procedures set forth in Chapter 1, Subchapter 4, Article 2
					 of these regulations.
1. New
					 section filed 8-30-2004 as an emergency; operative 8-30-2004 (Register 2004,
					 No. 36). A Certificate of Compliance must be transmitted to OAL by 12-28-2004
					 or emergency language will be repealed by operation of law on the following
					 day.
2. New section refiled 12-27-2004 as an emergency; operative
					 12-29-2004 (Register 2004, No. 53). A Certificate of Compliance must be
					 transmitted to OAL by 4-28-2005 or emergency language will be repealed by
					 operation of law on the following day.
3. Certificate of Compliance
					 as to 12-27-2004 order transmitted to OAL 4-26-2005 and filed 5-31-2005
					 (Register 2005, No. 22).
Note: Authority cited: Sections
						3541.3(g)
						and
						71639.1(b),
						Government Code. Reference: Sections
						3541.3,
						71632.5,
						71636,
						71636.3,
						71637,
						71637.1
						and
						71639.1,
						Government Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 3 - Public Employment Relations Board › Chapter 7 - Trial Court Employment Protection and Governance Act › Article 2 - Elections › Section 81175 - Revised Tally of Ballots

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Should a ruling on challenged ballots direct that any such
					 ballots be voided or opened and counted, the Board 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.
1. New
					 section filed 8-30-2004 as an emergency; operative 8-30-2004 (Register 2004,
					 No. 36). A Certificate of Compliance must be transmitted to OAL by 12-28-2004
					 or emergency language will be repealed by operation of law on the following
					 day.
2. New section refiled 12-27-2004 as an emergency; operative
					 12-29-2004 (Register 2004, No. 53). A Certificate of Compliance must be
					 transmitted to OAL by 4-28-2005 or emergency language will be repealed by
					 operation of law on the following day.
3. Certificate of Compliance
					 as to 12-27-2004 order transmitted to OAL 4-26-2005 and filed 5-31-2005
					 (Register 2005, No. 22).
Note: Authority cited: Sections
						3541.3(g)
						and
						71639.1(b),
						Government Code. Reference: Sections
						3541.3,
						71632.5,
						71636,
						71636.3,
						71637,
						71637.1
						and
						71639.1,
						Government Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 3 - Public Employment Relations Board › Chapter 7 - Trial Court Employment Protection and Governance Act › Article 2 - Elections › Section 81180 - Objections to Revised Tally of Ballots

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Within 10 days following the service of a
				  revised tally of ballots, any party may file with the regional office
				  objections to the revised tally.
(b) Service and proof of service of the
				  objections pursuant to Section
				  32140 are required.
(c) Objections to a revised tally of ballots
				  shall be entertained by the Board only on the grounds of serious irregularity
				  in the conduct of the challenged ballot count or issuance of the revised
				  tally.
1. New
					 section filed 8-30-2004 as an emergency; operative 8-30-2004 (Register 2004,
					 No. 36). A Certificate of Compliance must be transmitted to OAL by 12-28-2004
					 or emergency language will be repealed by operation of law on the following
					 day.
2. New section refiled 12-27-2004 as an emergency; operative
					 12-29-2004 (Register 2004, No. 53). A Certificate of Compliance must be
					 transmitted to OAL by 4-28-2005 or emergency language will be repealed by
					 operation of law on the following day.
3. Certificate of Compliance
					 as to 12-27-2004 order transmitted to OAL 4-26-2005 and filed 5-31-2005
					 (Register 2005, No. 22).
Note: Authority cited: Sections
						3541.3(g)
						and
						71639.1(b),
						Government Code. Reference: Sections
						3541.3,
						71632.5,
						71636,
						71636.3,
						71637,
						71637.1
						and
						71639.1,
						Government Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 3 - Public Employment Relations Board › Chapter 7 - Trial Court Employment Protection and Governance Act › Article 2 - Elections › Section 81185 - Certification of Results of Election or Certification of Exclusive Representative

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Except in the case of elections conducted pursuant to
					 either Article 4 or 7 of this Chapter, the Board shall certify the results of
					 the election or issue a certification of an exclusive representative if the
					 results of the election are conclusive and no timely objections are
					 filed.
1. New
					 section filed 8-30-2004 as an emergency; operative 8-30-2004 (Register 2004,
					 No. 36). A Certificate of Compliance must be transmitted to OAL by 12-28-2004
					 or emergency language will be repealed by operation of law on the following
					 day.
2. New section refiled 12-27-2004 as an emergency; operative
					 12-29-2004 (Register 2004, No. 53). A Certificate of Compliance must be
					 transmitted to OAL by 4-28-2005 or emergency language will be repealed by
					 operation of law on the following day.
3. Certificate of Compliance
					 as to 12-27-2004 order transmitted to OAL 4-26-2005 and filed 5-31-2005
					 (Register 2005, No. 22).
Note: Authority cited: Sections
						3541.3(g)
						and
						71639.1(b),
						Government Code. Reference: Sections
						3541.3,
						71632.5,
						71636,
						71636.3,
						71637,
						71637.1
						and
						71639.1,
						Government Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 3 - Public Employment Relations Board › Chapter 7 - Trial Court Employment Protection and Governance Act › Article 2 - Elections › Section 81190 - Stay of Election

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Board may stay an election pending the resolution of an
					 unfair practice charge relating to the voting unit upon an investigation and a
					 finding that alleged unlawful conduct would so affect the election process as
					 to prevent the employees from exercising free choice. Any determination to stay
					 an election made by the Board pursuant to this section may be appealed to the
					 Board itself in accordance with the provisions of Chapter 1, Subchapter 4,
					 Article 3 of these regulations.
1. New
					 section filed 8-30-2004 as an emergency; operative 8-30-2004 (Register 2004,
					 No. 36). A Certificate of Compliance must be transmitted to OAL by 12-28-2004
					 or emergency language will be repealed by operation of law on the following
					 day.
2. New section refiled 12-27-2004 as an emergency; operative
					 12-29-2004 (Register 2004, No. 53). A Certificate of Compliance must be
					 transmitted to OAL by 4-28-2005 or emergency language will be repealed by
					 operation of law on the following day.
3. Certificate of Compliance
					 as to 12-27-2004 order transmitted to OAL 4-26-2005 and filed 5-31-2005
					 (Register 2005, No. 22).
Note: Authority cited: Sections
						3541.3(g)
						and
						71639.1(b),
						Government Code. Reference: Sections
						3541.3,
						71632.5,
						71636,
						71636.3,
						71637,
						71637.1
						and
						71639.1,
						Government Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 3 - Public Employment Relations Board › Chapter 7 - Trial Court Employment Protection and Governance Act › Article 2 - Elections › Section 81200 - Bar to Conducting Election

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Board shall dismiss a petition requiring a
					 representation election if it determines (a) there is currently in effect a
					 memorandum of understanding between the employer and another employee
					 organization recognized or certified as the exclusive representative of any
					 employees covered by a petition requiring an election, unless the petition is
					 filed less than 120 days but more than 90 days prior to the expiration of such
					 memorandum, provided that if a memorandum has been in effect for three years or
					 more, there shall be no restriction as to time of filing the petition; or, (b)
					 that a representation election result has been certified affecting the
					 described unit or a subdivision thereof within the 12 months immediately
					 preceding the date of filing of the petition.
1. New
					 section filed 8-30-2004 as an emergency; operative 8-30-2004 (Register 2004,
					 No. 36). A Certificate of Compliance must be transmitted to OAL by 12-28-2004
					 or emergency language will be repealed by operation of law on the following
					 day.
2. New section refiled 12-27-2004 as an emergency; operative
					 12-29-2004 (Register 2004, No. 53). A Certificate of Compliance must be
					 transmitted to OAL by 4-28-2005 or emergency language will be repealed by
					 operation of law on the following day.
3. Certificate of Compliance
					 as to 12-27-2004 order, including amendment of section, transmitted to OAL
					 4-26-2005 and filed 5-31-2005 (Register 2005, No.
					 22).
Note: Authority cited: Sections
						3541.3(g)
						and
						71639.1(b),
						Government Code. Reference: Sections
						3541.3,
						71636,
						71636.3,
						71637,
						71637.1
						and
						71639.1,
						Government Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 3 - Public Employment Relations Board › Chapter 7 - Trial Court Employment Protection and Governance Act › Article 3 - Petition for Certification › Section 81210 - Petition for Certification

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) An employee organization may file a
				  petition to become the exclusive representative of an appropriate unit
				  consisting of a group of employees who are not included in an established unit
				  represented by an exclusive representative. The petition shall be filed with
				  the appropriate regional office; be signed by an authorized agent of the
				  employee organization; and include the following information:
(1) The name, address and telephone number of
				  the employee organization and the name, address and telephone number of the
				  agent to be contacted;
(2) The
				  name, address and telephone number of the employer and the name, address and
				  telephone number of the agent to be contacted;
(3) A description of the proposed appropriate
				  unit, including the classifications and positions to be included and those to
				  be excluded;
(4) The approximate
				  number of employees in the proposed appropriate unit;
(5) The name and address of any other
				  employee organization, if any, known to have an interest in representing the
				  employees covered by the unit.
California Code of Regulations › Title 8 - Industrial Relations › Division 3 - Public Employment Relations Board › Chapter 7 - Trial Court Employment Protection and Governance Act › Article 3 - Petition for Certification › Section 81220 - Posting Notice of Petition for Certification

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The employer shall post a notice of the
				  petition, as provided by the Board, as soon as possible but in no event later
				  than 10 days following service of a copy of the petition.
(b) The notice shall be posted conspicuously
				  on all employee bulletin boards in each facility of the employer in which
				  members of the unit claimed to be appropriate are employed.
(c) The notice shall remain posted for 15
				  workdays.
(d) The employer shall
				  inform the regional office and the parties in writing of the locations and date
				  of posting of the notice.
1. New
					 section filed 8-30-2004 as an emergency; operative 8-30-2004 (Register 2004,
					 No. 36). A Certificate of Compliance must be transmitted to OAL by 12-28-2004
					 or emergency language will be repealed by operation of law on the following
					 day.
2. New section refiled 12-27-2004 as an emergency; operative
					 12-29-2004 (Register 2004, No. 53). A Certificate of Compliance must be
					 transmitted to OAL by 4-28-2005 or emergency language will be repealed by
					 operation of law on the following day.
3. Certificate of Compliance
					 as to 12-27-2004 order transmitted to OAL 4-26-2005 and filed 5-31-2005
					 (Register 2005, No. 22).
Note: Authority cited: Sections
						3541.3(g)
						and
						71639.1(b),
						Government Code. Reference: Sections
						3541.3,
						71636,
						71636.3,
						71637,
						71637.1
						and
						71639.1,
						Government Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 3 - Public Employment Relations Board › Chapter 7 - Trial Court Employment Protection and Governance Act › Article 3 - Petition for Certification › Section 81240 - Determination of Proof of Support

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Within 20 days of the date of service of
				  a copy of the petition for certification, the employer shall file with the
				  regional office an alphabetical list, including job titles or classifications,
				  of the employees employed in the claimed unit as of the last date of the
				  payroll period immediately preceding the date the petition was filed, unless
				  otherwise directed by the Board.
(b) If after initial determination the proof
				  of support is insufficient, the Board may allow up to 10 days to perfect the
				  proof of support.
(c) Upon
				  completion of the review of the proof of support, the Board shall inform the
				  parties in writing of the final determination as to sufficiency or lack thereof
				  regarding the proof of support. The Board's determination shall also indicate
				  whether proof of majority support has been established. The petition shall be
				  dismissed if the Board determines that the petition lacks at least 30 percent
				  proof of support.
1. New
					 section filed 8-30-2004 as an emergency; operative 8-30-2004 (Register 2004,
					 No. 36). A Certificate of Compliance must be transmitted to OAL by 12-28-2004
					 or emergency language will be repealed by operation of law on the following
					 day.
2. New section refiled 12-27-2004 as an emergency; operative
					 12-29-2004 (Register 2004, No. 53). A Certificate of Compliance must be
					 transmitted to OAL by 4-28-2005 or emergency language will be repealed by
					 operation of law on the following day.
3. Certificate of Compliance
					 as to 12-27-2004 order transmitted to OAL 4-26-2005 and filed 5-31-2005
					 (Register 2005, No. 22).
Note: Authority cited: Sections
						3541.3(g)
						and
						71639.1(b),
						Government Code. Reference: Sections
						3541.3,
						71636,
						71636.3,
						71637,
						71637.1
						and
						71639.1,
						Government Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 3 - Public Employment Relations Board › Chapter 7 - Trial Court Employment Protection and Governance Act › Article 3 - Petition for Certification › Section 81250 - Employer Response Regarding Petition for Certification

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Within 15 days following service of a
				  Board determination finding sufficient proof submitted in support of the
				  petition, the employer shall file a written response with the regional
				  office.
(b) Service and proof of
				  service of the response pursuant to Section
				  32140 are required.
(c) The employer shall use the following
				  format for its response regarding a petition for certification:
(1) Name, address and telephone number of the
				  employer and name, address and telephone number of the employer's agent to be
				  contacted;
(2) Attach a copy of the
				  petition for certification;
(3)
				  Employer position regarding the petition for certification:
(A) Does the employer reasonably doubt the
				  appropriateness of the unit proposed by the petitioner? If so, what
				  classifications or positions remain in dispute? What is the employer's position
				  regarding the dispute?
(B) Does the
				  employer believe that there are other reasons why a representation election
				  should not be held in the proposed unit? If so, please fully
				  explain.
California Code of Regulations › Title 8 - Industrial Relations › Division 3 - Public Employment Relations Board › Chapter 7 - Trial Court Employment Protection and Governance Act › Article 3 - Petition for Certification › Section 81260 - Amendment of Petition for Certification

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A petition for certification may be
				  amended to correct technical errors or to add or delete job classifications
				  from the proposed unit at any time prior to the issuance of a notice of
				  hearing. The amendment shall be filed with the regional office and provide the
				  information required in Section
				  81210(a). Service
				  and proof of service of the amendment pursuant to Section
				  32140 are required.
(b) In addition, amendments to add new job
				  classifications to a proposed unit shall be subject to the following:
(1) Additional proof of support, if needed to
				  maintain standing as a petitioner, shall be filed with the regional office
				  concurrently with the amendment.
(2) An employer response to the amended
				  petition shall be filed with the regional office within 15 days following the
				  service of the Board determination of adequacy of proof submitted in support of
				  the petition, unless otherwise directed by the Board. The response shall
				  conform to the requirements for employer responses set forth in Section
				  81250.
California Code of Regulations › Title 8 - Industrial Relations › Division 3 - Public Employment Relations Board › Chapter 7 - Trial Court Employment Protection and Governance Act › Article 3 - Petition for Certification › Section 81270 - Board Investigation

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Whenever a petition for certification is filed with the
					 Board, the Board 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.
1. New
					 section filed 8-30-2004 as an emergency; operative 8-30-2004 (Register 2004,
					 No. 36). A Certificate of Compliance must be transmitted to OAL by 12-28-2004
					 or emergency language will be repealed by operation of law on the following
					 day.
2. New section refiled 12-27-2004 as an emergency; operative
					 12-29-2004 (Register 2004, No. 53). A Certificate of Compliance must be
					 transmitted to OAL by 4-28-2005 or emergency language will be repealed by
					 operation of law on the following day.
3. Certificate of Compliance
					 as to 12-27-2004 order transmitted to OAL 4-26-2005 and filed 5-31-2005
					 (Register 2005, No. 22).
Note: Authority cited: Sections
						3541.3(g)
						and
						71639.1(b),
						Government Code. Reference: Sections
						3541.3,
						71636,
						71636.3,
						71637,
						71637.1
						and
						71639.1,
						Government Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 3 - Public Employment Relations Board › Chapter 7 - Trial Court Employment Protection and Governance Act › Article 4 - Petition for Amendment of Certification › Section 81300 - Petition

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) An employee
				  organization may file with the regional office a petition to amend its
				  certification or recognition in the event of a merger, amalgamation,
				  affiliation or transfer of jurisdiction, or in the event of a change in the
				  name or jurisdiction of the employer.
(b) The petition shall be in writing, signed
				  by an authorized agent of the employee organization and shall contain the
				  following information:
(1) The name, address
				  and telephone number of the employee organization and the name, address and
				  telephone number of the agent to be contacted;
(2) The name, address and telephone number of
				  the employer;
(3) A brief
				  description and the title of the established unit;
(4) A clear and concise statement of the
				  nature of the merger, amalgamation, affiliation or other change in jurisdiction
				  and the new name of the employee organization and/or
				  employer.
California Code of Regulations › Title 8 - Industrial Relations › Division 3 - Public Employment Relations Board › Chapter 7 - Trial Court Employment Protection and Governance Act › Article 4 - Petition for Amendment of Certification › Section 81310 - Employer Response

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The employer may file a responding statement to the
					 petition filed pursuant to Section
					 81300. The statement shall be filed
					 with the regional office within 15 days following the date of service of the
					 petition. Service and proof of service pursuant to Section
					 32140 are
					 required.
1. New
					 section filed 8-30-2004 as an emergency; operative 8-30-2004 (Register 2004,
					 No. 36). A Certificate of Compliance must be transmitted to OAL by 12-28-2004
					 or emergency language will be repealed by operation of law on the following
					 day.
2. New section refiled 12-27-2004 as an emergency; operative
					 12-29-2004 (Register 2004, No. 53). A Certificate of Compliance must be
					 transmitted to OAL by 4-28-2005 or emergency language will be repealed by
					 operation of law on the following day.
3. Certificate of Compliance
					 as to 12-27-2004 order transmitted to OAL 4-26-2005 and filed 5-31-2005
					 (Register 2005, No. 22).
Note: Authority cited: Sections
						3541.3(g)
						and
						71639.1(b),
						Government Code. Reference: Sections
						3541.3,
						71636,
						71636.3,
						71637,
						71637.1
						and
						71639.1,
						Government Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 3 - Public Employment Relations Board › Chapter 7 - Trial Court Employment Protection and Governance Act › Article 4 - Petition for Amendment of Certification › Section 81320 - Board Investigation

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Upon receipt of a petition filed pursuant
				  to Section 81300, the Board shall conduct such
				  inquiries and investigations or hold such hearings as deemed necessary and/or
				  conduct a representation election in order to decide the questions raised by
				  the petition.
(b) The Board may
				  dismiss the petition if the petitioner has no standing to petition for the
				  action requested or if the petition is improperly filed. The Board may deny a
				  petition based on the investigation conducted pursuant to subsection (a)
				  above.
(c) Upon approval of a
				  petition, the Board 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
				  pursuant to Section
				  81200 of these
				  regulations.
1. New
					 section filed 8-30-2004 as an emergency; operative 8-30-2004 (Register 2004,
					 No. 36). A Certificate of Compliance must be transmitted to OAL by 12-28-2004
					 or emergency language will be repealed by operation of law on the following
					 day.
2. New section refiled 12-27-2004 as an emergency; operative
					 12-29-2004 (Register 2004, No. 53). A Certificate of Compliance must be
					 transmitted to OAL by 4-28-2005 or emergency language will be repealed by
					 operation of law on the following day.
3. Certificate of Compliance
					 as to 12-27-2004 order transmitted to OAL 4-26-2005 and filed 5-31-2005
					 (Register 2005, No. 22).
Note: Authority cited: Sections
						3541.3(g)
						and
						71639.1(b),
						Government Code. Reference: Sections
						3541.3,
						71636,
						71636.3,
						71637,
						71637.1
						and
						71639.1,
						Government Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 3 - Public Employment Relations Board › Chapter 7 - Trial Court Employment Protection and Governance Act › Article 5 - Decertification Petition › Section 81350 - Petition

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A petition for
				  an election to decertify an existing exclusive representative in an established
				  unit may be filed by a group of employees within the unit or an employee
				  organization. The petition shall be filed with the regional office and include
				  the following information:
(1) The name,
				  address and telephone number of the petitioning employee organization, if any,
				  and/or the name, address and telephone number of the agent to be contacted on
				  behalf of a petitioning employee organization or group of employees;
(2) The name, address and telephone number of
				  the employer and the name, address and telephone number of the agent to be
				  contacted;
(3) A brief description
				  and the title of the established unit;
(4) The name, address and telephone number of
				  the exclusive representative of the established unit and the name, address and
				  telephone number of the agent to be contacted;
(5) The approximate number of employees in
				  the established unit;
(6) The date
				  on which the exclusive representative was recognized or certified;
(7) The effective and expiration dates of the
				  current memorandum of understanding, if any, covering employees in the
				  unit.
California Code of Regulations › Title 8 - Industrial Relations › Division 3 - Public Employment Relations Board › Chapter 7 - Trial Court Employment Protection and Governance Act › Article 5 - Decertification Petition › Section 81360 - Posting Notice of Decertification Petition

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The employer shall post a notice of the
				  decertification petition, as provided by the Board. as soon as possible but in
				  no event later than 15 days following service of a copy of the
				  petition.
(b) The notice shall be
				  posted conspicuously on all employee bulletin boards in each facility of the
				  employer in which members of the established unit are employed.
(c) The notice shall remain posted for a
				  minimum of 15 workdays.
(d) The
				  employer shall inform the regional office and the parties in writing of the
				  locations and date of posting of the notice.
1. New
					 section filed 8-30-2004 as an emergency; operative 8-30-2004 (Register 2004,
					 No. 36). A Certificate of Compliance must be transmitted to OAL by 12-28-2004
					 or emergency language will be repealed by operation of law on the following
					 day.
2. New section refiled 12-27-2004 as an emergency; operative
					 12-29-2004 (Register 2004, No. 53). A Certificate of Compliance must be
					 transmitted to OAL by 4-28-2005 or emergency language will be repealed by
					 operation of law on the following day.
3. Certificate of Compliance
					 as to 12-27-2004 order transmitted to OAL 4-26-2005 and filed 5-31-2005
					 (Register 2005, No. 22).
Note: Authority cited: Sections
						3541.3(g)
						and
						71639.1(b),
						Government Code. Reference: Sections
						3541.3,
						71636,
						71636.3,
						71637,
						71637.1
						and
						71639.1,
						Government Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 3 - Public Employment Relations Board › Chapter 7 - Trial Court Employment Protection and Governance Act › Article 5 - Decertification Petition › Section 81370 - Board Determination Regarding Proof of Support

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Within 20 days of the date the
				  decertification petition is filed with the regional office, the employer shall
				  file with the regional office a description of the established unit and an
				  alphabetical list, including job titles or classifications, of employees in the
				  established unit as of the last date of the payroll period immediately
				  preceding the date the decertification petition was filed, unless otherwise
				  directed by the Board.
(b) Upon
				  completion of the review of the proof of support, the Board shall inform the
				  parties in writing of the determination as to sufficiency or lack thereof
				  regarding the proof of support.
1. New
					 section filed 8-30-2004 as an emergency; operative 8-30-2004 (Register 2004,
					 No. 36). A Certificate of Compliance must be transmitted to OAL by 12-28-2004
					 or emergency language will be repealed by operation of law on the following
					 day.
2. New section refiled 12-27-2004 as an emergency; operative
					 12-29-2004 (Register 2004, No. 53). A Certificate of Compliance must be
					 transmitted to OAL by 4-28-2005 or emergency language will be repealed by
					 operation of law on the following day.
3. Certificate of Compliance
					 as to 12-27-2004 order transmitted to OAL 4-26-2005 and filed 5-31-2005
					 (Register 2005, No. 22).
Note: Authority cited: Sections
						3541.3(g)
						and
						71639.1(b),
						Government Code. Reference: Sections
						3541.3,
						71636,
						71636.3,
						71637,
						71637.1
						and
						71639.1,
						Government Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 3 - Public Employment Relations Board › Chapter 7 - Trial Court Employment Protection and Governance Act › Article 5 - Decertification Petition › Section 81380 - Board Investigation/Election

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Upon receipt of a petition for
				  decertification, the Board shall investigate and, where appropriate, conduct a
				  hearing and/or an election or take such other action as necessary.
(b) The petition shall be dismissed if the
				  existing exclusive representative files a valid disclaimer of interest in
				  representing employees in the unit within 20 days of the date the petition is
				  filed with the regional office.
(c)
				  The petition shall be dismissed (1) whenever there is currently in effect a
				  memorandum of understanding between the employer and the exclusive
				  representative of the employees covered by a petition, unless the petition is
				  filed during the window period defined in Section
				  81010 of these regulations,
				  provided that if such memorandum has been in effect for three years or more,
				  there shall be no restriction as to time of filing the petition; or, (2)
				  whenever a representation election result has been certified affecting the
				  described unit or a subdivision thereof within the 12 months immediately
				  preceding the date of filing of the petition, or, (3) whenever the employer
				  has, within the previous 12 months, lawfully recognized the exclusive
				  representative in the unit.
1. New
					 section filed 8-30-2004 as an emergency; operative 8-30-2004 (Register 2004,
					 No. 36). A Certificate of Compliance must be transmitted to OAL by 12-28-2004
					 or emergency language will be repealed by operation of law on the following
					 day.
2. New section refiled 12-27-2004 as an emergency; operative
					 12-29-2004 (Register 2004, No. 53). A Certificate of Compliance must be
					 transmitted to OAL by 4-28-2005 or emergency language will be repealed by
					 operation of law on the following day.
3. Certificate of Compliance
					 as to 12-27-2004 order transmitted to OAL 4-26-2005 and filed 5-31-2005
					 (Register 2005, No. 22).
Note: Authority cited: Sections
						3541.3(g)
						and
						71639.1(b),
						Government Code. Reference: Sections
						3541.3,
						71636,
						71636.3,
						71637,
						71637.1
						and
						71639.1,
						Government Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 3 - Public Employment Relations Board › Chapter 7 - Trial Court Employment Protection and Governance Act › Article 6 - Severance Petition › Section 81400 - Severance Petition

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) An
				  employee organization may file a petition to become the exclusive
				  representative of an appropriate unit consisting of a group of employees who
				  are already members of a larger established unit represented by an incumbent
				  exclusive representative by filing a petition for certification in accordance
				  with the provisions of Article 3 of this Chapter. Such a petition shall include
				  the following information:
(1) The name,
				  address and telephone number of the petitioning employee organization and the
				  name, address and telephone number of the agent to be contacted;
(2) The name, address and telephone number of
				  the employer and the name, address and telephone number of the agent to be
				  contacted;
(3) A brief description
				  and the title of the established unit;
(4) The name, address and telephone number of
				  the exclusive representative of the established unit and the name, address and
				  telephone number of the agent to be contacted;
(5) A description of the proposed appropriate
				  unit, including the classifications and positions to be included and those to
				  be excluded;
(6) The approximate
				  number of employees in the proposed appropriate unit;
(7) The date on which the exclusive
				  representative was recognized or certified;
(8) The effective and expiration dates of the
				  current memorandum of understanding, if any, covering employees in the
				  established unit.
California Code of Regulations › Title 8 - Industrial Relations › Division 3 - Public Employment Relations Board › Chapter 7 - Trial Court Employment Protection and Governance Act › Article 6 - Severance Petition › Section 81410 - Response to Severance Petition

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The public agency and the exclusive
				  representative of the established unit may file responding statements
				  supporting or opposing the severance petition. Such response shall be filed
				  with the regional office within 20 days following the date of service of the
				  severance petition. Service and proof of service of the response pursuant to
				  Section 32140 are required.
(b) The response shall be in writing, signed
				  by an authorized agent of the responding party and contain the following
				  information:
(1) A copy of the severance
				  petition;
(2) The name, address and
				  telephone number of the respondent, and the name, address and telephone number
				  of the respondent agent to be contacted;
(3) A statement confirming or refuting the
				  information contained in the severance petition regarding the date the
				  incumbent exclusive representative was recognized or certified, and the
				  effective date and the expiration date of any current memorandum of
				  understanding covering employees in the established unit; and,
(4) A concise statement setting forth the
				  basis for support of or opposition to the unit proposed by the
				  petition.
California Code of Regulations › Title 8 - Industrial Relations › Division 3 - Public Employment Relations Board › Chapter 7 - Trial Court Employment Protection and Governance Act › Article 6 - Severance Petition › Section 81420 - Board Investigation

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Whenever a severance petition is filed
				  with the Board, the Board 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.
(b) The petition shall be dismissed (1)
				  whenever there is currently in effect a memorandum of understanding between the
				  employer and the exclusive representative of any employees covered by a
				  petition, unless the petition is filed during the window period defined in
				  Section 81010 of these regulations,
				  provided that if such memorandum has been in effect for three years or more,
				  there shall be no restriction as to time of filing the petition; or, (2)
				  whenever a representation election result has been certified affecting the
				  described unit or a subdivision thereof within the 12 months immediately
				  preceding the date of filing of the petition, or, (3) whenever the employer
				  has, within the previous 12 months, lawfully recognized the exclusive
				  representative in the described unit or a subdivision thereof.
1. New
					 section filed 8-30-2004 as an emergency; operative 8-30-2004 (Register 2004,
					 No. 36). A Certificate of Compliance must be transmitted to OAL by 12-28-2004
					 or emergency language will be repealed by operation of law on the following
					 day.
2. New section refiled 12-27-2004 as an emergency; operative
					 12-29-2004 (Register 2004, No. 53). A Certificate of Compliance must be
					 transmitted to OAL by 4-28-2005 or emergency language will be repealed by
					 operation of law on the following day.
3. Certificate of Compliance
					 as to 12-27-2004 order transmitted to OAL 4-26-2005 and filed 5-31-2005
					 (Register 2005, No. 22).
Note: Authority cited: Sections
						3541.3(g)
						and
						71639.1(b),
						Government Code. Reference: Sections
						3541.3,
						71636,
						71636.3,
						71637,
						71637.1
						and
						71639.1,
						Government Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 3 - Public Employment Relations Board › Chapter 7 - Trial Court Employment Protection and Governance Act › Article 7 - Petition for Unit Modification › Section 81450 - Petition

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Absent agreement of the parties to modify a unit, an
					 exclusive representative, an employer, or both must file a petition for unit
					 modification in accordance with this section. Parties who wish to obtain Board
					 certification of a unit modification may file a petition in accordance with the
					 provisions of this section.
(a) An
				  exclusive representative may file with the regional office a petition for
				  modification of its unit(s):
(1) To add to
				  the unit unrepresented classifications or positions;
(2) To divide the existing unit into two or
				  more appropriate units;
(3) To
				  consolidate two or more of its established units into one appropriate
				  unit.
California Code of Regulations › Title 8 - Industrial Relations › Division 3 - Public Employment Relations Board › Chapter 7 - Trial Court Employment Protection and Governance Act › Article 7 - Petition for Unit Modification › Section 81460 - Response to Petition

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Unless otherwise notified by the Board, 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 regional office 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.
(b) The response shall be in writing, signed
				  by an authorized agent of the responding party and contain the following
				  information:
(1) The name, address and
				  telephone number of the petitioner(s);
(2) The name, address and telephone number of
				  the respondent and the name, address and telephone number of the agent to be
				  contacted;
(3) A statement
				  confirming or refuting information contained in the petition regarding the size
				  and description of the established unit(s), the date(s) of recognition or
				  certification, the approximate number of employees involved in the modification
				  request and the identity of any other employee organization known to claim to
				  represent affected employees;
(4) A
				  concise statement setting forth the reasons for support of or opposition to the
				  unit modification proposed by the petitioner(s).
California Code of Regulations › Title 8 - Industrial Relations › Division 3 - Public Employment Relations Board › Chapter 7 - Trial Court Employment Protection and Governance Act › Article 7 - Petition for Unit Modification › Section 81470 - Board Determination Regarding Proof of Support

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) If proof of support has been filed
				  pursuant to section
				  81450(e)(1) or
				  (2), the employer shall, within 20 days of
				  the date the support was filed, file with the regional office an alphabetical
				  list, including job titles or classifications, of all employees proposed to be
				  added to the unit as of the last date of the payroll period immediately
				  preceding the date the petition was filed with PERB, unless otherwise directed
				  by the Board.
(b) The Board may
				  allow up to 10 days to perfect the proof of support.
(c) Upon completion of the review of the
				  proof of support, the Board shall inform the parties in writing of the
				  determination as to sufficiency of the proof of support.
1. New
					 section filed 8-30-2004 as an emergency; operative 8-30-2004 (Register 2004,
					 No. 36). A Certificate of Compliance must be transmitted to OAL by 12-28-2004
					 or emergency language will be repealed by operation of law on the following
					 day.
2. New section refiled 12-27-2004 as an emergency; operative
					 12-29-2004 (Register 2004, No. 53). A Certificate of Compliance must be
					 transmitted to OAL by 4-28-2005 or emergency language will be repealed by
					 operation of law on the following day.
3. Certificate of Compliance
					 as to 12-27-2004 order transmitted to OAL 4-26-2005 and filed 5-31-2005
					 (Register 2005, No. 22).
4. Amendment of subsection (a) filed
					 11-29-2007; operative 12-29-2007 (Register 2007, No.
					 48).
Note: Authority cited: Sections
						3541.3(g)
						and
						71639.1(b),
						Government Code. Reference: Sections
						3541.3,
						71636,
						71636.3,
						71637,
						71637.1
						and
						71639.1,
						Government Code.