reglab/statecodes huggingface dataset:
California Code of Regulations › Title 8 - Industrial Relations › Division 3 - Public Employment Relations Board › Chapter 3 - State Employer-Employee Relations Act › Subchapter 1 - Representation Procedures › Article 4 - Rescission of Fair Share Fee Provision [Repealed] › Section 40420 - Employee Vote. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
						subsection (a), subsection redesignation and amendment of NOTE filed 6-3-94;
						operative 7-5-94 (Register 94, No. 22).
2. Change without regulatory
						effect amending subsection (b) filed 3-22-95 pursuant to section
						100, title 1, California Code of
						Regulations (Register 95, No. 12).
3. Amendment of subsection (a)
						and amendment of NOTE filed 6-13-2001; operative 6-13-2001 (Register 2001, No.
						24).
4. Change without regulatory effect repealing section filed
						7-31-2019 pursuant to section
						100, title 1, California Code of
						Regulations (Register 2019, No. 31).
Note: Authority cited: Sections
						  3513(h),
						  3513(i),
						  3513(k),
						  3515.7 and
						  3541.3(g),
						  Government Code. Reference: Sections
						  3515.8,
						  3541.3(c)
						  and
						  3515.7(d),
						  Government Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 3 - Public Employment Relations Board › Chapter 3 - State Employer-Employee Relations Act › Subchapter 1 - Representation Procedures › Article 4 - Rescission of Fair Share Fee Provision [Repealed] › Section 40430 - Alternative Procedures for Vote. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Change
						without regulatory effect amending NOTE filed 2-15-2001 pursuant to section
						100, title 1, California Code of
						Regulations (Register 2001, No. 7).
2. Change without regulatory
						effect repealing section filed 7-31-2019 pursuant to section
						100, title 1, California Code of
						Regulations (Register 2019, No. 31).
Note: Authority cited: Sections
						  3513(h),
						  3513(k),
						  3515.7 and
						  3541.3(g),
						  Government Code. Reference: Sections
						  3515.8 and
						  3541.3(c),
						  Government Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 3 - Public Employment Relations Board › Chapter 4 - Higher Education Employer-Employee Relations Act › Subchapter 1 - Representation Procedures › Article 1 - General Provisions › Section 51000 - Voluntary Resolution of Disputes. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1.
						Amendment filed 6-18-80; effective thirtieth day thereafter (Register 80, No.
						25).
2. Repealer of Chapter 1 (Article 1, Sections
						50000-50055, not consecutive) and
						renumbering of Chapter 2 (Articles 1-9, Sections
						51000-51685, not consecutive) to
						Chapter 1 (Articles 1-7, Sections
						51000-51685, not consecutive) filed
						9-20-82; effective upon filing pursuant to Government Code Section
						11346.2(d)
						(Register 82, No. 39). For prior history, see Register 79, No.
						22.
3. Order of Repeal filed 6-3-85 by OAL pursuant to Government
						Code Section
						11349.7;
						effective thirtieth day thereafter (Register 85, No.
						26).
Note: Authority cited: Section
						  3563(f),
						  Government Code. Reference: Section
						  3560, et seq., Government
						  Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 3 - Public Employment Relations Board › Chapter 4 - Higher Education Employer-Employee Relations Act › Subchapter 1 - Representation Procedures › Article 1 - General Provisions › Section 51010 - Parties

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
"Parties" means the higher education employer, the
						employee organization which is the exclusive representative of any employee
						covered by a request, intervention or petition for certification, or any
						employee organization known to have an interest in representing any employees
						as demonstrated by having filed a pending request, intervention, or petition
						for certification.
1.
						Editorial correction of NOTE filed 9-20-82; effective upon filing pursuant to
						Government Code Section
						11346.2(d)
						(Register 82, No. 39).
Note: Authority cited: Section
						  3563(f),
						  Government Code. Reference: Section
						  3560 et seq., Government
						  Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 3 - Public Employment Relations Board › Chapter 4 - Higher Education Employer-Employee Relations Act › Subchapter 1 - Representation Procedures › Article 1 - General Provisions › Section 51015 - Place to File Representation Matters. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1.
						Amendment filed 6-18-80; effective thirtieth day thereafter (Register 80, No.
						25).
2. Repealer filed 9-20-82; effective upon filing pursuant to
						Government Code Section
						11346.2(d)
						(Register 82, No. 39).
Note: Authority cited: Sections
						  3513(g),
						  3541.3(g),
						  3541.3(n),
						  3563(f)
						  and
						  3563(m),
						  Government Code. Reference: Sections
						  3563.3(a)
						  and
						  3563.3(f),
						  Government Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 3 - Public Employment Relations Board › Chapter 4 - Higher Education Employer-Employee Relations Act › Subchapter 1 - Representation Procedures › Article 1 - General Provisions › Section 51020 - Statement of Interest

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 Any employee organization may receive copies of requests for recognition,
					 interventions or petitions, for certification, amendments to requests,
					 interventions or petitions, any notice of informal conference, notice of
					 representation hearing, notice of decision, notice of intent to conduct
					 election, election intervention, unit modification petition, decertification
					 petition or severance petition by filing a statement of interest with the
					 Regional Office.
(b) A statement of
					 interest shall be in writing on a form provided by the Board.
(c) A statement of interest shall remain
					 valid for 12 months, and may be renewed thereafter.
1.
						Amendment filed 6-18-80; effective thirtieth day thereafter (Register 80, No.
						25).
2. Amendment filed 9-20-82; effective upon filing pursuant to
						Government Code Section
						11346.2(d)
						(Register 82, No. 39).
Note: Authority cited: Section
						  3563(f),
						  Government Code. Reference: Section
						  3563(a), (c), (e),
						  (k), Government
						  Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 3 - Public Employment Relations Board › Chapter 4 - Higher Education Employer-Employee Relations Act › Subchapter 1 - Representation Procedures › Article 1 - General Provisions › Section 51026 - Window Period

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
"Window period" means the 31-day period established
						pursuant to Government Code Sections
						3574(c)
						and
						3577(b)(1),
						which is not more than 120 days and not less than 90 days prior to the
						expiration date of a memorandum of understanding negotiated by the higher
						education employer and the exclusive representative. The memorandum of
						understanding expiration date means the last effective date of the memorandum.
						Notwithstanding the provisions of Section
						32130, the date on which the
						memorandum of understanding expires shall not be counted for the purpose of
						computing the window period.
1. New
						section filed 6-18-80; effective thirtieth day thereafter (Register 80, No.
						25).
2. Editorial correction of NOTE filed 9-20-82; effective upon
						filing pursuant to Government Code Section
						11346.2(d)
						(Register 82, No. 39).
3. Amendment filed 4-11-2006; operative
						5-11-2006 (Register 2006, No. 15).
Note: Authority cited: Section
						  3563(f),
						  Government Code. Reference: Sections
						  3574(c)
						  and
						  3577(b)(1),
						  Government Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 3 - Public Employment Relations Board › Chapter 4 - Higher Education Employer-Employee Relations Act › Subchapter 1 - Representation Procedures › Article 1 - General Provisions › Section 51027 - List of Higher Education Employee Mailing Addresses

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Except as prohibited by law, the higher
					 education employer shall release to an exclusive representative a mailing list
					 of home addresses of higher education employees it represents pursuant to a
					 written request by the exclusive representative. The mechanics of such release,
					 including but not limited to (1) timing, frequency, and manner of disclosure,
					 (2) maintenance of names or the mailing list, and (3) cost of production shall
					 be subject to the collective bargaining process.
(b) Except as prohibited by law, the higher
					 education employer shall not be precluded from releasing a mailing list of home
					 addresses of higher education employees as defined in Government Code Section
					 3562(e)
					 or Section 3580.3 who are not in units
					 represented by an exclusive representative to an employee organization as
					 defined in Government Code Section
					 3562(f).
					 The mechanics of such release, including but not limited to (1) timing,
					 frequency, and manner of disclosure, (2) maintenance of names or the mailing
					 list, and (3) cost of production, shall be determined by the higher education
					 employer.
(c) As provided by
					 Government Code Section
					 6254.3,
					 and upon written request of a higher education employee, the higher education
					 employer shall remove the higher education employee's home address from the
					 mailing lists referenced in subsections (a) and (b) prior to the release of
					 such lists.
1. New
						section filed 11-25-86; effective thirtieth day thereafter (Register 86, No.
						48).
2. Amendment of subsections (b) and (c) filed 4-12-2000;
						operative 5-12-2000 (Register 2000, No. 15).
Note: Authority cited: Sections
						  3563 and
						  6254.3,
						  Government Code. Reference: Section
						  3565,
						  3568,
						  3570 and
						  6254.3,
						  Government Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 3 - Public Employment Relations Board › Chapter 4 - Higher Education Employer-Employee Relations Act › Subchapter 1 - Representation Procedures › Article 2 - Request for Recognition and Intervention › Section 51035 - Posting Notice of Request for Recognition

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The employer shall post a notice of the
					 request for recognition as soon as possible but in no event later than 10 days
					 following receipt of the request.
(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 notice shall
					 consist of a copy of the request for recognition with the appropriate portion
					 of the form completed by the employer prior to posting.
(e) The employer shall serve a copy of the
					 notice on the regional office and the parties concurrent with the posting of
					 the notice. Proof of service pursuant to Section
					 32140 is required.
1.
						Amendment filed 6-18-80; effective thirtieth day thereafter (Register 80, No.
						25).
2. Amendment filed 9-20-82; effective upon filing pursuant to
						Government Code Section
						11346.2(d)
						(Register 82, No. 39).
Note: Authority cited: Section
						  3563(f),
						  Government Code. Reference: Sections
						  3563(l)
						  and
						  3573,
						  Government Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 3 - Public Employment Relations Board › Chapter 4 - Higher Education Employer-Employee Relations Act › Subchapter 1 - Representation Procedures › Article 2 - Request for Recognition and Intervention › Section 51050 - Board Determination Regarding Proof of Support-Request for Recognition, Intervention

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Within 20 days of the date of receipt of
					 the request or intervention, the employer shall file with the regional office
					 an alphabetical list, including job titles or classifications, of employees
					 employed in the claimed unit as of the last date of the payroll period
					 immediately preceding the date the request or intervention was filed with the
					 employer, 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 determination as to sufficiency or lack thereof
					 regarding the proof of support.
1.
						Amendment of subsection (b) filed 12-31-79 as an emergency; effective upon
						filing (Register 80, No. 1). A Certificate of Compliance must be filed within
						120 days or emergency language will be repealed on 4-30-80.
2.
						Repealed by operation of Section
						11422.1(c),
						Government Code (Register 80, No. 25).
3. New section filed 6-18-80;
						effective thirtieth day thereafter (Register 80, No. 25).
4.
						Amendment filed 9-20-82; effective upon filing pursuant to Government Code
						Section
						11346.2(d)
						(Register 82, No. 39).
5. Editorial correction of NOTE (Register 96,
						No. 52).
Note: Authority cited: Section
						  3563(f),
						  Government Code. Reference: Sections
						  3563(c),
						  (l),
						  3573 and
						  3574(b),
						  Government Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 3 - Public Employment Relations Board › Chapter 4 - Higher Education Employer-Employee Relations Act › Subchapter 1 - Representation Procedures › Article 2 - Request for Recognition and Intervention › Section 51055 - Determination Regarding Proof of Support by Third Party-Request for Recognition, Intervention

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) An employee organization and an employer
					 may mutually agree that the proof submitted in support of a request for
					 recognition or intervention be filed with a third party rather than the Public
					 Employment Relations Board. Such agreement must be reached prior to the filing
					 of the request or intervention.
(b)
					 Within 20 days of receipt of a request or intervention, the employer shall file
					 with the mutually agreed upon third party an alphabetical list, including job
					 titles and classification codes, of employees employed in the claimed unit as
					 of the last date of the payroll period immediately preceding the date the
					 request or intervention was filed with the employer.
(c) The mutually agreed upon third party
					 shall complete the review of the proof of support and issue to the parties a
					 written determination as to its sufficiency or lack thereof within 15 days of
					 receipt of the list of employees from the employer.
(d) The third party shall concurrently serve
					 a copy of the proof of support determination, accompanied by the proof of
					 support submitted by the requester or intervenor, on the regional
					 office.
1.
						Amendment filed 6-18-80; effective thirtieth day thereafter (Register 80, No.
						25).
2. Editorial correction of NOTE filed 9-20-82; effective upon
						filing pursuant to Government Code Section
						11346.2(d)
						(Register 82, No. 39).
Note: Authority cited: Section
						  3563(f),
						  Government Code. Reference: Sections
						  3563(c),
						  3573 and
						  3574(b),
						  Government Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 3 - Public Employment Relations Board › Chapter 4 - Higher Education Employer-Employee Relations Act › Subchapter 1 - Representation Procedures › Article 2 - Request for Recognition and Intervention › Section 51060 - Withdrawal of Request or Intervention

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Any request for recognition or intervention may be
						withdrawn by an authorized representative of the employee organization that
						filed it. Such withdrawal shall be filed with the employer. Service and proof
						of service pursuant to Section
						32140 are
						required.
1.
						Amendment filed 9-20-82; effective upon filing pursuant to Government Code
						Section
						11346.2(d)
						(Register 82, No. 39).
Note: Authority cited: Section
						  3563(f),
						  Government Code. Reference: Sections
						  3563(c),
						  (l),
						  3573 and
						  3574(b),
						  Government Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 3 - Public Employment Relations Board › Chapter 4 - Higher Education Employer-Employee Relations Act › Subchapter 1 - Representation Procedures › Article 2 - Request for Recognition and Intervention › Section 51070 - Amendment of Request or Intervention

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A request for recognition or intervention
					 may be amended to correct technical errors or to delete job classifications
					 from the proposed unit at any time prior to the issuance of the notice of
					 representation hearing, or, where no hearing has been held, issuance of the
					 notice of intent to conduct an election. The amendment shall be filed with the
					 employer utilizing forms provided by the Board. A copy shall be concurrently
					 served on each party and the regional office. Proof of service pursuant to
					 Section 32140 is required. No posting shall
					 be required.
(b) Amendments to add
					 job classifications or positions to a proposed unit shall be subject to the
					 following:
(1) Except as provided in Section
					 51680(c), a
					 request for recognition or intervention may be amended to add new job
					 classifications to a proposed unit at any time prior to the issuance of a
					 notice of representation hearing, or if no hearing is held, the issuance of a
					 notice of intent to conduct election.
(2) The amendment shall be filed with the
					 employer utilizing forms provided by the Board. The employee organization shall
					 concurrently serve a copy of the amendment on each party and the regional
					 office. Proof of service pursuant to Section
					 32140 is required. Additional proof
					 of support, if needed to maintain standing as a requester or intervenor, shall
					 be concurrently filed with the regional office.
(3) The employer shall post a notice of any
					 amended request for recognition as soon as possible but in no event later than
					 10 days following receipt of the amendment. The notice shall conform to the
					 requirements for posting an original request for recognition as set forth in
					 Section 51035, and shall remain posted for
					 15 workdays, during which time interventions may be filed.
(4) An employer response to the amended
					 request or intervention shall be filed with the regional office within 15 days
					 following service of the Board's determination regarding the adequacy of proof
					 of support, unless otherwise directed by the Board. The response shall conform
					 to the requirements for employer responses as set forth in Section
					 51080.
California Code of Regulations › Title 8 - Industrial Relations › Division 3 - Public Employment Relations Board › Chapter 4 - Higher Education Employer-Employee Relations Act › Subchapter 1 - Representation Procedures › Article 2 - Request for Recognition and Intervention › Section 51080 - Employer Response

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 Within 15 days following the service of the determination of adequacy of proof
					 submitted in support of the request for recognition and any interventions, 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 "Format A" if it
					 has granted recognition pursuant to Government Code sections
					 3573 and
					 3574. As
					 soon as possible, but in no event later than 10 days from its issuance, the
					 employer shall post a copy of the employer response conspicuously on all
					 employee bulletin boards in each facility of the employer in which members of
					 the unit affected are employed. The response shall remain posted for at least
					 15 workdays.
Format A: RECOGNITION
(1) The (employer) has recognized
					 (organization) as the exclusive representative for an appropriate unit of
					 employees described below for purposes of meeting and conferring with the
					 employer;
(2) No intervention has
					 been filed during the posting period;
(3) Name, address and telephone number of the
					 employer;
(4) Name, address and
					 telephone number of the employee organization;
(5) A description of the grouping of
					 employment classes to be included in the claimed unit including class codes.
					 Each employment class shall include the geographic locations if other than a
					 statewide class is proposed.
(6)
					 The number of employees in the unit recognized;
(7) The date of
					 recognition.
California Code of Regulations › Title 8 - Industrial Relations › Division 3 - Public Employment Relations Board › Chapter 4 - Higher Education Employer-Employee Relations Act › Subchapter 1 - Representation Procedures › Article 2 - Request for Recognition and Intervention › Section 51090 - Employee Organization Petition for Board Investigation

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Not later than 90 days following the date
					 an employer response is filed or is due, whichever occurs first, a petition for
					 Board investigation may be filed by:
(1) An
					 employee organization alleging that it has filed a request for recognition,
					 pursuant to Section
					 51030 which has been denied or not
					 acted upon by the employer within 30 days after the filing of the request;
					 or
(2) An employee organization
					 alleging that it has filed an intervention pursuant to Section
					 51040.
California Code of Regulations › Title 8 - Industrial Relations › Division 3 - Public Employment Relations Board › Chapter 4 - Higher Education Employer-Employee Relations Act › Subchapter 1 - Representation Procedures › Article 2 - Request for Recognition and Intervention › Section 51095 - Failure to File Petition for Board Investigation

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
If no petition for Board investigation is timely filed
						pursuant to Section
						51090, the request for recognition
						and any interventions shall be deemed invalid and shall not bar a subsequent
						request for recognition.
1. New
						section filed 6-18-80; effective thirtieth day thereafter (Register 80, No.
						25).
2. Editorial correction of NOTE filed 9-20-82; effective upon
						filing pursuant to Government Code Section
						11346.2(d)
						(Register 82, No. 39).
Note: Authority cited: Section
						  3563(f),
						  Government Code. Reference: Sections
						  3563(c),
						  (l),
						  3573 and
						  3575,
						  Government Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 3 - Public Employment Relations Board › Chapter 4 - Higher Education Employer-Employee Relations Act › Subchapter 1 - Representation Procedures › Article 2 - Request for Recognition and Intervention › Section 51096 - Certification of Exclusive Representative

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
If the Board determines (1) the employee organization
						requesting recognition has demonstrated proof of support of more than 50
						percent of the employees in an appropriate unit, (2) no other employee
						organization has demonstrated proof of support of at least 30 percent of the
						employees, and (3) the employer has not granted recognition, the Board shall
						certify the petitioner as the exclusive representative.
1. New
						section filed 2-2-2004 as an emergency; operative 2-2-2004 (Register 2004, No.
						6). A Certificate of Compliance must be transmitted to OAL by 6-1-2004 or
						emergency language will be repealed by operation of law on the following
						day.
2. Certificate of Compliance as to 2-2-2004 order transmitted
						to OAL 5-4-2004 and filed 6-8-2004 (Register 2004, No.
						24).
Note: Authority cited: Section
						  3563(f),
						  Government Code. Reference: Section
						  3577,
						  Government Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 3 - Public Employment Relations Board › Chapter 4 - Higher Education Employer-Employee Relations Act › Subchapter 1 - Representation Procedures › Article 3 - Petition for Certification › Section 51100 - Petition for Certification

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Subject to the limitations expressed in
					 Section 51140(b), a
					 petition for certification pursuant to Government Code Section
					 3575(c)
					 by an employee organization wishing to be certified by the Board as the
					 exclusive representative in an appropriate unit shall be filed with the
					 regional office, utilizing forms provided by the Board. The petition shall be
					 signed by an authorized agent of the employee organization.
(b) The petition shall be accompanied by
					 proof of at least 30 percent support of the employees in the unit claimed to be
					 appropriate. Proof of support is defined in Chapter 1, Section
					 32700 of these
					 regulations.
(c) Service of the
					 petition, excluding the proof of at least 30 percent support, and proof of
					 service pursuant to Section
					 32140 are required.
1.
						Amendment of subsection (b) filed 12-31-79 a an emergency; effective upon
						filing (Register 80, No. 1). A Certificate of Compliance must be filed within
						120 days or emergency language will be repealed on 4-30-80.
2.
						Repealed by operation of Section
						11422.1(c),
						Government Code (Register 80, No. 21).
3. Amendment of subsection
						(b) filed 5-21-80 as an emergency; effective upon filing (Register 80, No. 21).
						A Certificate of Compliance must be filed within 120 days or emergency language
						will be repealed on 9-19-80.
4. Certificate of Compliance filed
						6-18-80 (Register 80, No. 25).
5. Amendment filed 6-18-80; effective
						thirtieth day thereafter (Register 80, No. 25).
6. Amendment filed
						9-20-82; effective upon filing pursuant to Government Code Section
						11346.2(d)
						(Register 82, No. 39).
7. Change without regulatory effect amending
						subsection (b) filed 3-22-95 pursuant to section
						100, title 1, California Code of
						Regulations (Register 95, No. 12).
Note: Authority cited: Section
						  3563(f),
						  Government Code. Reference: Section
						  3575(c),
						  Government Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 3 - Public Employment Relations Board › Chapter 4 - Higher Education Employer-Employee Relations Act › Subchapter 1 - Representation Procedures › Article 3 - Petition for Certification › Section 51110 - 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 determination as to sufficiency or lack thereof
					 regarding the proof of support.
1.
						Amendment filed 6-18-80; effective thirtieth day thereafter (Register 80, No.
						25).
2. Amendment filed 9-20-82; effective upon filing pursuant to
						Government Code Section
						11346.2(d)
						(Register 82, No. 39).
Note: Authority cited: Section
						  3563(f),
						  Government Code. Reference: Section
						  3575(c),
						  Government Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 3 - Public Employment Relations Board › Chapter 4 - Higher Education Employer-Employee Relations Act › Subchapter 1 - Representation Procedures › Article 3 - Petition for Certification › Section 51115 - Withdrawal of Petition for Certification

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Any petition for certification may be withdrawn by an
						authorized representative of the employee organization that filed it at any
						time prior to a final decision by the Board. Such withdrawal shall be filed
						with the regional office. Service and proof of service of the withdrawal
						pursuant to Section
						32140 are
						required.
1.
						Amendment filed 6-18-80; effective thirtieth day thereafter (Register 80, No.
						25).
2. Editorial correction of NOTE filed 9-20-82; effective upon
						filing pursuant to Government Code Section
						11346.2(d)
						(Register 82, No. 39).
Note: Authority cited: Section
						  3563(f),
						  Government Code. Reference: Section
						  3575(c),
						  Government Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 3 - Public Employment Relations Board › Chapter 4 - Higher Education Employer-Employee Relations Act › Subchapter 1 - Representation Procedures › Article 3 - Petition for Certification › Section 51120 - 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 (subject to the limitations set
					 forth in Section
					 51680(c)) or
					 delete job classifications from the proposed unit at any time prior to the
					 issuance of a notice of hearing, or notice of intent to conduct election. The
					 amendment shall be filed with the regional office utilizing forms provided by
					 the Board. 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 as set forth in Section
					 51130.
California Code of Regulations › Title 8 - Industrial Relations › Division 3 - Public Employment Relations Board › Chapter 4 - Higher Education Employer-Employee Relations Act › Subchapter 1 - Representation Procedures › Article 3 - Petition for Certification › Section 51130 - Employer Response Regarding Petition for Certification

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Within 15 days following service of the
					 Board's determination regarding the adequacy of 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 4 - Higher Education Employer-Employee Relations Act › Subchapter 1 - Representation Procedures › Article 4 - Board Investigation › Section 51140 - Board Investigation

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Whenever a petition filed pursuant to
					 Government Code Section
					 3575
					 regarding a representation matter 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) A
					 petition shall be dismissed in part or in whole whenever the Board determines
					 that:
(1) The petitioner has no standing to
					 petition for the action requested; or
(2) 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
					 included in the unit described in the request for recognition, unless the
					 request for recognition is filed not more than 120 days and not less than 90
					 days prior to the expiration date of such memorandum of understanding, provided
					 that if such memorandum of understanding has been in effect for three years or
					 more, there shall be no such restriction as to the time of filing the request.
					 A petition filed not more than 120 days and not less than 90 days prior to the
					 expiration date of a memorandum of understanding must actually be received in
					 the manner set out in Section
					 32135 during the "window period" as
					 defined by Section
					 51025; or
(3) The employer has, within the previous 12
					 months, lawfully recognized an employee organization other than the petitioner
					 as the exclusive representative of any employees included in the unit described
					 in the petition; or
(4) A valid
					 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.
(5) The
					 petition for Board investigation pursuant to this section or the petition for
					 certification pursuant to Section
					 51100 was filed either after a
					 notice of hearing or, where no hearing has been held, notice of intent to
					 conduct election covering any of the employees in the unit proposed by the
					 petitioner has been issued by the Board.
California Code of Regulations › Title 8 - Industrial Relations › Division 3 - Public Employment Relations Board › Chapter 4 - Higher Education Employer-Employee Relations Act › Subchapter 1 - Representation Procedures › Article 5 - Representation Hearings › Section 51200 - Informal Conference

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Board may conduct an informal conference for the
						purposes of clarifying the issues and exploring settlement of the case. No
						record shall be made at such a conference.
1.
						Editorial correction of NOTE filed 9-20-82; effective upon filing pursuant to
						Government Code Section
						11346.2(d)
						(Register 82, No. 39).
Note: Authority cited: Section
						  3563(f),
						  Government Code. Reference: Sections
						  3563(a),
						  (g),
						  3574(b)
						  and
						  3577(a),
						  Government Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 3 - Public Employment Relations Board › Chapter 4 - Higher Education Employer-Employee Relations Act › Subchapter 1 - Representation Procedures › Article 5 - Representation Hearings › Section 51210 - Notice of Representation Hearing

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Upon determining that a hearing is necessary, the Board
						shall serve a notice of Representation Hearing on all interested parties
						pursuant to Section
						51020. The notice shall state the
						date, time and place of the hearing. The notice shall also include information
						regarding how an employee organization may become a party to the
						hearing.
1.
						Amendment filed 6-18-80; effective thirtieth day thereafter (Register 80, No.
						25).
2. Editorial correction of NOTE filed 9-20-82; effective upon
						filing pursuant to Government Code Section
						11346.2(d)
						(Register 82, No. 39).
Note: Authority cited: Section
						  3563(f),
						  Government Code. Reference: Section
						  3563(g),
						  Government Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 3 - Public Employment Relations Board › Chapter 4 - Higher Education Employer-Employee Relations Act › Subchapter 1 - Representation Procedures › Article 5 - Representation Hearings › Section 51225 - Conduct of Hearing

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Hearings shall be conducted pursuant to procedures set
						forth in Chapter 1, Subchapter 3 (commencing with Section
						32165) of these
						regulations.
1.
						Amendment of NOTE filed 6-18-80 (Register 80, No. 25).
2. Editorial
						correction of NOTE filed 9-20-82; effective upon filing pursuant to Government
						Code Section
						11346.2(d)
						(Register 82, No. 39).
3. Change without regulatory effect amending
						section filed 3-22-95 pursuant to section
						100, title 1, California Code of
						Regulations (Register 95, No. 12).
Note: Authority cited: Section
						  3563(f),
						  Government Code. Reference: Sections
						  3563(a),
						  (g),
						  3574(b)
						  and
						  3577(a),
						  Government Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 3 - Public Employment Relations Board › Chapter 4 - Higher Education Employer-Employee Relations Act › Subchapter 1 - Representation Procedures › Article 5 - Representation Hearings › Section 51230 - Withdrawal of a Petition

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Any petition requesting action to resolve a
						representation dispute may be withdrawn by the petitioner in writing at any
						time prior to a final decision by the Board pursuant to a voluntary agreement
						between or among the parties regarding an appropriate unit.
1.
						Editorial correction of NOTE filed 9-20-82; effective upon filing pursuant to
						Government Code Section
						11346.2(d)
						(Register 82, No. 39).
Note: Authority cited: Section
						  3563(f),
						  Government Code. Reference: Sections
						  3563(a),
						  (g),
						  3574(b)
						  and
						  3577(a),
						  Government Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 3 - Public Employment Relations Board › Chapter 4 - Higher Education Employer-Employee Relations Act › Subchapter 1 - Representation Procedures › Article 5 - Representation Hearings › Section 51235 - Notice of Decision

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Board shall serve on all interested parties pursuant
						to Section 51020 a notice of decision with
						either the decision of the Board itself or a final hearing officer
						decision.
1.
						Amendment filed 6-18-80; effective thirtieth day thereafter (Register 80, No.
						25).
2. Amendment filed 9-20-82; effective upon filing pursuant to
						Government Code Section
						11346.2(d)
						(Register 82, No. 39).
Note: Authority cited: Section
						  3563(f),
						  Government Code. Reference: Sections
						  3563(a),
						  (g),
						  3574(b)
						  and
						  577(a),
						  Government Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 3 - Public Employment Relations Board › Chapter 4 - Higher Education Employer-Employee Relations Act › Subchapter 1 - Representation Procedures › Article 6 - Representation Elections › Section 51300 - Notice of Intent to Conduct Election

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Upon determination to conduct a
					 representation election, other than an election directed by a Board decision,
					 the Board shall issue a notice of intent to conduct election to all interested
					 parties pursuant to Section
					 51020. A notice of decision
					 pursuant to Section
					 51235 which orders a representation
					 election shall serve as a notice of intent to conduct election.
1.
						Amendment filed 6-18-80; effective thirtieth day thereafter (Register 80, No.
						25).
2. Amendment filed 9-20-82; effective upon filing pursuant to
						Government Code Section
						11346.2(d)
						(Register 82, No. 39).
Note: Authority cited: Section
						  3563(f),
						  Government Code. Reference: Sections
						  3563(c),
						  3574(b)
						  and
						  3577(a),
						  Government Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 3 - Public Employment Relations Board › Chapter 4 - Higher Education Employer-Employee Relations Act › Subchapter 1 - Representation Procedures › Article 6 - Representation Elections › Section 51310 - Intervention to Appear on Ballot

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Within 15 workdays following issuance of
					 a notice of intent to conduct election in the appropriate unit, any employee
					 organization, whether or not a party to the unit hearing, may file an
					 intervention to appear on ballot. The intervention shall be filed with the
					 regional office on forms provided by the Board. The intervention shall be
					 accompanied by proof of support of at least 10 percent of the employees in the
					 appropriate unit. Proof of support is defined in Chapter 1, Section
					 32700 of these
					 regulations.
(b) Service of the
					 intervention, exclusive of the proof of support, and proof of service pursuant
					 to Section 32140 are required.
1.
						Amendment of subsection (a) filed 12-31-79 as an emergency; effective upon
						filing (Register 80, No. 1). A Certificate of Compliance must be filed within
						120 days or emergency language will be repealed on 4-30-80.
2.
						Repealed by operation of Section
						11422.1(c),
						Government Code (Register 80, No. 21).
3. Amendment filed 5-21-80 as
						an emergency; effective upon filing (Register 80, No. 21). A Certificate of
						Compliance must be filed within 120 days or emergency language will be repealed
						on 9-19-80.
4. Certificate of Compliance filed 6-18-80 (Register 80,
						No. 25).
5. Amendment filed 6-18-80; effective thirtieth day
						thereafter (Register 80, No. 25).
6. Amendment filed 9-20-82;
						effective upon filing pursuant to Government Code Section
						11346.2(d)
						(Register 82, No. 39).
7. Change without regulatory effect amending
						subsection (a) filed 3-22-95 pursuant to section
						100, title 1, California Code of
						Regulations (Register 95, No. 12).
Note: Authority cited: Section
						  3563(f),
						  Government Code. Reference: Sections
						  3563(c)
						  and
						  3574(b),
						  Government Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 3 - Public Employment Relations Board › Chapter 4 - Higher Education Employer-Employee Relations Act › Subchapter 1 - Representation Procedures › Article 6 - Representation Elections › Section 51320 - Board Determination Regarding Proof of Support

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Within 20 days of issuance of a notice of
					 intent to conduct election the employer shall file with the regional office an
					 alphabetical list, including job titles or classifications of employees
					 employed in the appropriate unit as of the last date of the payroll period
					 immediately preceding the date of issuance of the notice of intent to conduct
					 election, 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 showing of support.
(c) Upon
					 completion of the review of the showing 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.
						Amendment filed 6-18-80; effective thirtieth day thereafter (Register 80, No.
						25).
2. Amendment filed 9-20-82; effective upon filing pursuant to
						Government Code Section
						11346.2(d)
						(Register 82, No. 39).
Note: Authority cited: Section
						  3563(f),
						  Government Code. Reference: Sections
						  3563(c),
						  3574(b)
						  and
						  3577(a),
						  Government Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 3 - Public Employment Relations Board › Chapter 4 - Higher Education Employer-Employee Relations Act › Subchapter 1 - Representation Procedures › Article 6 - Representation Elections › Section 51330 - 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 Board shall certify the organization as the exclusive
						representative and cancel the election.
1.
						Amendment filed 6-18-80; effective thirtieth day thereafter (Register 80, No.
						25).
2. Amendment filed 9-20-82; effective upon filing pursuant to
						Government Code Section
						11346.2(d)
						(Register 82, No. 39).
3. Amendment of section heading and section
						filed 2-2-2004 as an emergency; operative 2-2-2004 (Register 2004, No. 6). A
						Certificate of Compliance must be transmitted to OAL by 6-1-2004 or emergency
						language will be repealed by operation of law on the following
						day.
4. Certificate of Compliance as to 2-2-2004 order transmitted
						to OAL 5-4-2004 and filed 6-8-2004 (Register 2004, No.
						24).
Note: Authority cited: Section
						  3563(f),
						  Government Code. Reference: Sections
						  3563(c),
						  3574(b)
						  and
						  3577(a),
						  Government Code.