California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 4.5 - Division of Workers' Compensation › Subchapter 1.8 - Collective Bargaining Agreements Under Labor Code Sections 3201.5 and 3201.7 › Section 10202 - Procedure for Recognizing Labor-Management Agreements Under Labor Code Section 3201.7

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Any union in an industry not covered by Labor Code section
				  3201.5 who
				  seeks to negotiate a 3201.7 provision with an employer shall file a petition
				  with the Administrative Director, verified under penalty of perjury, on the
				  "Petition for Permission to Negotiate a Section
				  3201.7 Labor-Management Agreement"
				  form (DWC Form RGS-1), contained in Section
				  10202.1. A proof of service by mail
				  declaration shall be attached to the petition indicating that the complete
				  petition, including all attachments, was served on the employer, or group of
				  employers.
(b) Within 10 days after
				  receiving a petition, the Administrative Director shall notify the union that
				  the petition is complete or shall specify what further information is needed to
				  complete the petition. Within 30 days after the time the petition is completed,
				  the Administrative Director shall either (1) issue to the union and employer,
				  or group of employers, a letter of eligibility to negotiate a 3201.7 provision,
				  or (2) deny the petition. If the petition is denied, the Administrative
				  Director shall inform the union of the reasons therefor. For good cause and
				  upon written notice to the union, the Administrative Director may extend the
				  periods of notification for an additional 30 days.
(c) The letter of eligibility to negotiate
				  shall remain valid for a period not to exceed one year from the date of
				  issuance. Upon joint request by the union and the employer, or group of
				  employers, an additional one year period to negotiate a 3201.7 agreement shall
				  be granted.
(d) Upon receipt of the
				  letter of eligibility to negotiate, the union and employer, or group of
				  employers, may negotiate a 3201.7 provision. A negotiated and signed 3201.7
				  provision between a union and employer, or group of employers, will be
				  recognized by the Department of Industrial Relations as valid and binding upon
				  application by the parties to the Administrative Director.
(1) The employer, or group of employers,
				  shall submit the following documents with the application:
(A) Upon its original application and
				  whenever it is renegotiated thereafter, a copy of the 3201.7 provision, and the
				  approximate number of employees who will be covered thereby. If the application
				  is on behalf of a group of employers, the application shall clearly define the
				  group and shall state whether all the members of the group are bound by the
				  3201.7 provision, or whether each member must individually agree to be
				  bound.
(B) Upon its original
				  application and annually thereafter, a statement signed under penalty of
				  perjury, that no action has been taken by any administrative agency or court of
				  the United States to invalidate the collective bargaining agreement.
(C) Upon its original application and
				  annually thereafter, the name, address, and telephone number of the contact
				  person of the employer, or group of employers.
(D) Upon its original application and
				  annually thereafter, evidence of a valid and active license where that license
				  is required by law as a condition of doing business in the state.
(E) Upon its original application and
				  annually thereafter, evidence that the employer:
(i) is developing or projecting an annual
				  workers' compensation insurance premium, in California, of fifty thousand
				  dollars ($50,000) or more, and employing at least fifty (50) employees, or has
				  paid an annual workers' compensation insurance premium, in California, of fifty
				  thousand dollars ($50,000), and employing at least fifty (50) employees in at
				  least one of the previous three years; or
(ii) is a group of employers engaged in a
				  workers' compensation safety group complying with Sections
				  11656.6 and
				  11656.7 of
				  the Insurance Code, and established pursuant to a joint labor management safety
				  committee or committees, that develops or projects annual workers' compensation
				  insurance premiums of five hundred thousand dollars ($500,000) or more;
				  or
(iii) is an employer or group of
				  employers, including cities and counties, that is self-insured in compliance
				  with Labor Code section
				  3700 that has
				  projected annual workers' compensation costs that meet the requirements of, and
				  that meet the other requirements of, paragraph (i) in the case of employers, or
				  paragraph (ii) in the case of groups of employers.
(F) Upon its original application and
				  annually thereafter a statement that it is able and willing to supply the data
				  required by Labor Code section
				  3201.7(h).
(G) If the application is on behalf of a
				  group of employers, evidence that:
(i)
				  membership in the group is limited to employers that meet all the criteria of
				  Labor Code section
				  3201.7 and
				  these regulations;
(ii) the group
				  shall, on behalf of its individual members, provide the data required by Labor
				  Code section
				  3201.7(h);
(iii) the group shall maintain records of its
				  membership satisfactory to the Administrative Director for the purpose of
				  readily ascertaining the facts required by subdivision (h) of the section.
				  Membership records shall include evidence of security for the payment of
				  compensation for each member, including the insurance policy number, or a copy
				  of the certificate of self-insurance issued pursuant to Labor Code section
				  3700.
				  Membership records shall also include the approximate number of employees for
				  each individual member of the group who is bound by the collective bargaining
				  agreement. Copies of membership records shall be delivered to the
				  Administrative Director on request.