reglab/statecodes huggingface dataset:
California Code of Regulations › Title 8 - Industrial Relations › Division 3 - Public Employment Relations Board › Chapter 2 - Educational Employment Relations Act › Subchapter 2 - Organizational Security Arrangements [Repealed] › Article 1 - Rescission of Organizational Security Arrangement [Repealed] › Section 34030 - Board Determination Regarding Proof of Support. [Repealed]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. Amendment filed 9-20-82; effective upon filing pursuant to
						Government Code Section
						11346.2(d)
						(Register 82, No. 39).
3. New subsection (b), subsection relettering
						and amendment of NOTE filed 1-3-2001 as an emergency; operative 1-1-2001
						(Register 2001, No. 1). A Certificate of Compliance must be transmitted to OAL
						by 5-1-2001 or emergency language will be repealed by operation of law on the
						following day.
4. Certificate of Compliance as to 1-3-2001 order
						transmitted to OAL 4-30-2001 and filed 6-13-2001 (Register 2001, No.
						24).
5. 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: Section
						  3541.3(g),
						  Government Code. Reference: Section
						  3546(d),
						  Government Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 3 - Public Employment Relations Board › Chapter 2 - Educational Employment Relations Act › Subchapter 2 - Organizational Security Arrangements [Repealed] › Article 1 - Rescission of Organizational Security Arrangement [Repealed] › Section 34035 - Employee Vote. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
						section 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. 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: Section
						  3541.3(g),
						  Government Code. Reference: Section
						  3546(b),
						  Government Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 3 - Public Employment Relations Board › Chapter 2 - Educational Employment Relations Act › Subchapter 2 - Organizational Security Arrangements [Repealed] › Article 1 - Rescission of Organizational Security Arrangement [Repealed] › Section 34040 - Bar to Rescission. [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. 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 of section and NOTE filed
						6-3-94; operative 7-5-94 (Register 94, No. 22).
4. Amendment of
						section and NOTE filed 1-3-2001 as an emergency; operative 1-1-2001 (Register
						2001, No. 1). A Certificate of Compliance must be transmitted to OAL by
						5-1-2001 or emergency language will be repealed by operation of law on the
						following day.
5. Certificate of Compliance as to 1-3-2001 order
						transmitted to OAL 4-30-2001 and filed 6-13-2001 (Register 2001, No.
						24).
6. 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: Section
						  3541.3(g),
						  Government Code. Reference: Section
						  3546(d),
						  Government Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 3 - Public Employment Relations Board › Chapter 2 - Educational Employment Relations Act › Subchapter 2 - Organizational Security Arrangements [Repealed] › Article 2 - Reinstatement of Organizational Security Arrangement [Repealed] › Section 34050 - Petition. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
						article 2 (sections
						34050-34065) and section filed
						1-3-2001 as an emergency; operative 1-1-2001 (Register 2001, No. 1). A
						Certificate of Compliance must be transmitted to OAL by 5-1-2001 or emergency
						language will be repealed by operation of law on the following
						day.
2. Certificate of Compliance as to 1-3-2001 order transmitted
						to OAL 4-30-2001 and filed 6-13-2001 (Register 2001, No. 24).
3.
						Change without regulatory effect repealing article 2 (sections
						34050-34065) and section filed
						7-31-2019 pursuant to section
						100, title 1, California Code of
						Regulations (Register 2019, No. 31).
Note: Authority cited: Section
						  3541.3(g),
						  Government Code. Reference: Sections
						  3543(a)(1)
						  and
						  3546(d),
						  Government Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 3 - Public Employment Relations Board › Chapter 2 - Educational Employment Relations Act › Subchapter 2 - Organizational Security Arrangements [Repealed] › Article 2 - Reinstatement of Organizational Security Arrangement [Repealed] › Section 34055 - Board Determination Regarding Proof of Support. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
						section filed 1-3-2001 as an emergency; operative 1-1-2001 (Register 2001, No.
						1). A Certificate of Compliance must be transmitted to OAL by 5-1-2001 or
						emergency language will be repealed by operation of law on the following
						day.
2. Certificate of Compliance as to 1-3-2001 order transmitted
						to OAL 4-30-2001 and filed 6-13-2001 (Register 2001, No. 24).
3.
						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: Section
						  3541.3(g),
						  Government Code. Reference: Sections
						  3543(a)(1)
						  and
						  3546(d),
						  Government Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 3 - Public Employment Relations Board › Chapter 2 - Educational Employment Relations Act › Subchapter 2 - Organizational Security Arrangements [Repealed] › Article 2 - Reinstatement of Organizational Security Arrangement [Repealed] › Section 34060 - Employee Vote. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
						section filed 1-3-2001 as an emergency; operative 1-1-2001 (Register 2001, No.
						1). A Certificate of Compliance must be transmitted to OAL by 5-1-2001 or
						emergency language will be repealed by operation of law on the following
						day.
2. Certificate of Compliance as to 1-3-2001 order transmitted
						to OAL 4-30-2001 and filed 6-13-2001 (Register 2001, No. 24).
3.
						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: Section
						  3541.3(g),
						  Government Code. Reference: Sections
						  3543(a)(1)
						  and
						  3546(d),
						  Government Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 3 - Public Employment Relations Board › Chapter 2 - Educational Employment Relations Act › Subchapter 2 - Organizational Security Arrangements [Repealed] › Article 2 - Reinstatement of Organizational Security Arrangement [Repealed] › Section 34065 - Bar to Reinstatement Petition. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
						section filed 1-3-2001 as an emergency; operative 1-1-2001 (Register 2001, No.
						1). A Certificate of Compliance must be transmitted to OAL by 5-1-2001 or
						emergency language will be repealed by operation of law on the following
						day.
2. Certificate of Compliance as to 1-3-2001 order transmitted
						to OAL 4-30-2001 and filed 6-13-2001 (Register 2001, No. 24).
3.
						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: Section
						  3541.3(g),
						  Government Code. Reference: Sections
						  3543(a)(1)
						  and
						  3546(d),
						  Government Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 3 - Public Employment Relations Board › Chapter 2 - Educational Employment Relations Act › Subchapter 6 - Impasse Procedures [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New Chapter
				  6 (Sections
				  36000-36100, not consecutive) filed
				  5-10-77 as an emergency; effective upon filing (Register 77, No.
				  20).
2. New Chapter 6 (Sections
				  36000-36100, not consecutive)
				  refiled 9-19-77 as an emergency; effective upon filing. Certificate of
				  Compliance included (Register 77, No. 39).
3. Amendment filed
				  6-18-80; effective thirtieth day thereafter (Register 80, No.
				  25).
4. Repealer of Chapter 6 (Sections
				  36000-36095, 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. 39).
Note: Authority cited: Sections
					 3513(g),
					 3541.3(g),
					 3541.3(n),
					 3563(f)
					 and
					 3563(m),
					 Government Code. Reference: Sections
					 3541.3(g)
					 and
					 3548,
					 Government Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 3 - Public Employment Relations Board › Chapter 2 - Educational Employment Relations Act › Subchapter 7 - Public Notice Proceedings [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New Chapter
				  7 (Sections
				  37000-37100) filed 7-1-77 as an
				  emergency; effective upon filing (Register 77, No. 27).
2.
				  Certificate of Compliance filed 9-19-77 (Register 77, No. 39).
3.
				  Amendment filed 6-18-80; effective thirtieth day thereafter (Register 80, No.
				  25).
4. Repealer of Chapter 7 (Sections
				  37000-37100, not consecutive) filed
				  10-22-82 by OAL pursuant to Government Code Section
				  11349.7(j);
				  effective thirtieth day thereafter (Register 82, No. 43). For prior history,
				  see Registers 78, Nos. 45, 42 and 27.
Note: Authority cited: Sections
					 3513(g),
					 3541.3(g),
					 3541.3(n),
					 3563(f)
					 and
					 3563(m),
					 Government Code. Reference: Section
					 3547,
					 Government Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 3 - Public Employment Relations Board › Chapter 2 - Educational Employment Relations Act › Subchapter 8 - Arbitration Procedures [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New Chapter
				  8 (Sections
				  38000-38050, not consecutive) filed
				  12-29-78; effective thirtieth day thereafter (Register 78, No.
				  52).
2. Repealer of Chapter 8 (Sections
				  38000-38050, 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 80, No. 25.
Note: Authority cited: Sections
					 3541.3(d),
					 3541.3(g)
					 and
					 3541.3(k),
					 Government Code. Reference: Sections
					 3548.5 and
					 3548.6,
					 Government Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 3 - Public Employment Relations Board › Chapter 2 - Educational Employment Relations Act › Subchapter 9 - Request for Injunctive Relief in Cases of Work Stoppages or Lockouts [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New Chapter
				  9 (Sections
				  38100-38120, not consecutive) filed
				  5-21-79 as an emergency; effective upon filing (Register 79, No. 21).
				  Certificate of Compliance filed 8-28-79 (Register 79, No. 35).
2.
				  Amendment filed 6-18-80; effective thirtieth day thereafter (Register 80, No.
				  25).
3. Repealer of Chapter 9 (Sections
				  38100-38120, not consecutive) 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
					 3541.3(b),
					 3541.3(g),
					 3541.3(i),
					 3541.3(j),
					 3541.3(n),
					 3543.5(e)
					 and
					 3543.6(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 1 - General Provisions › Section 40130 - Window Period

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
"Window period" means the 29-day period which is less
						than 242 days, but more than 212 days prior to the expiration date of a
						memorandum of understanding between the employer and the exclusive
						representative. The memorandum of understanding expiration date means the last
						effective date of the memorandum of understanding. 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.
						Repealer of Division 3 (Chapters 1-3, Sections
						40000-41280, not consecutive) and
						new Division 3 (Chapter 1, Articles 1-3, Sections
						40130-40330, 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 Registers 80, No. 25; 80, No. 21;
						80, No. 1; 78, No. 42; and 78, No. 27).
2. Amendment filed 12-13-88;
						operative 1-1-89 (Register 88, No. 53).
3. Change without regulatory
						effect amending NOTE filed 2-15-2001 pursuant to section
						100, title 1, California Code of
						Regulations (Register 2001, No. 7).
4. Amendment filed 4-11-2006;
						operative 5-11-2006 (Register 2006, No. 15).
Note: Authority cited: Sections
						  3513(h)
						  and
						  3541.3(g),
						  Government Code. Reference: Sections
						  3520.5 and
						  3541.3(c),
						  (l), 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 1 - General Provisions › Section 40145 - Statement of Interest

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Any employee organization which is not the exclusive
						representative of certain employees but which desires notice of filing of any
						certification, severance, decertification or unit modification petition or
						issuance of notice of hearing, decision or intent to conduct election affecting
						such employees may file a statement of interest with the regional office. Such
						statement shall be in writing and shall include a list of the employment
						classes which the employee organization has an interest in representing,
						including schematic codes and class codes as defined in "Pay Scales in
						California State Civil Service." The filing shall remain valid for 12 months
						and may be renewed in writing thereafter.
1.
						Amendment filed 1-8-99; operative 2-7-99 (Register 99, No. 2).
2.
						Change without regulatory effect amending NOTE filed 2-15-2001 pursuant to
						section 100, title 1, California Code of
						Regulations (Register 2001, No. 7).
Note: Authority cited: Sections
						  3513(h)
						  and
						  3541.3(g),
						  Government Code. Reference: Sections
						  3520.5,
						  3541.3(c),
						  (l), 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 1 - General Provisions › Section 40160 - Parties

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
"Parties" means the state employer, the employee
						organization which is the exclusive representative of any employee covered by a
						petition or intervention, any employee organization known to have an interest
						in representing any employees as demonstrated by having filed a current
						statement of interest pursuant to Section
						40145 and any petitioner which has
						filed a valid petition pursuant to Section
						40170.
1.
						Amendment filed 10-10-85; effective thirtieth day thereafter (Register 85, No.
						41).
2. Amendment filed 1-8-99; operative 2-7-99 (Register 99, No.
						2).
3. Change without regulatory effect amending NOTE filed
						2-15-2001 pursuant to section
						100, title 1, California Code of
						Regulations (Register 2001, No. 7).
4. Change without regulatory
						effect amending 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)
						  and
						  3541.3(g),
						  Government Code. Reference: Section
						  3512, et seq., 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 1 - General Provisions › Section 40165 - List of State Employee Mailing Addresses

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Except as prohibited by law, the state
					 employer shall release to an exclusive representative a mailing list of home
					 addresses of state 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 state employer shall not be precluded from
					 releasing a mailing list of home addresses of state employees as defined in
					 Government Code Section
					 3513(c)
					 or Section 3513(g) who are
					 not in units represented by an exclusive representative to an employee
					 organization as defined in Government Code Section
					 3513(a).
					 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 state
					 employer.
(c) As provided by
					 Government Code Section
					 6254.3,
					 and upon written request of a state employee, the state employer shall remove
					 the state 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 10-29-86; effective thirtieth day thereafter (Register 86, No.
						44).
2. Amendment of subsections (b) and (c) filed 4-12-2000;
						operative 5-12-2000 (Register 2000, No. 15).
Note: Authority cited: Sections
						  3513,
						  3541.3 and
						  6254.3,
						  Government Code. Reference: Sections
						  3515,
						  3519 and
						  3519.5., 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 1 - General Provisions › Section 40170 - Petition for Certification

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) An employee organization may file a
					 petition pursuant to Government Code Section
					 3520.5 to
					 become the exclusive representative of an appropriate unit consisting of a
					 group of employees who are not included in an established unit which is
					 represented by an exclusive representative. The petition shall be filed with
					 the Sacramento regional office; be signed by an authorized agent of the
					 employee organization; provide the full name, address and telephone number of
					 the employee organization; provide the name, title, address and phone number of
					 the authorized representative of the employee organization; and identify the
					 job titles or classifications of employees in the unit claimed to be
					 appropriate.
(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 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. New
						section filed 1-8-99; operative 2-7-99 (Register 99, No.
						2).
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 1 - General Provisions › Section 40172 - 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, using a form 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 unit claimed to be appropriate are employed.
(c) The notice shall remain posted for 20
					 days.
(d) The notice shall include
					 a copy of the petition with the appropriate portion of the form completed by
					 the employer prior to posting.
1. New
						section filed 1-8-99; operative 2-7-99 (Register 99, No.
						2).
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 1 - General Provisions › Section 40174 - 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 petition shall be dismissed if the Board
					 determines that the petition lacks sufficient proof of support.
1. New
						section filed 1-8-99; operative 2-7-99 (Register 99, No.
						2).
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 1 - General Provisions › Section 40176 - 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. New
						section filed 1-8-99; operative 2-7-99 (Register 99, No.
						2).
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 1 - General Provisions › Section 40178 - 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, or notice of intent to conduct election. The amendment shall be filed
					 with the regional office and provide the information required in Section
					 40170(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 as set forth in Section
					 40180.
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 1 - General Provisions › Section 40180 - 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 3 - State Employer-Employee Relations Act › Subchapter 1 - Representation Procedures › Article 1 - General Provisions › Section 40182 - Board Investigation

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) 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.
(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) Any of the employees in the claimed unit
					 are currently included in any established bargaining unit and are represented
					 by an exclusive representative; or
(3) 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; or
(4) The petition for certification 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 3 - State Employer-Employee Relations Act › Subchapter 1 - Representation Procedures › Article 2 - Severance Petition › Section 40200 - 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. The petition shall be filed with the regional office
					 on forms provided by the Board.
(b)
					 The petition shall be accompanied by proof of majority support 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 majority support, and proof of service
					 pursuant to Section
					 32140 are required.
1. 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).
2. Change without regulatory
						effect amending NOTE filed 2-15-2001 pursuant to section
						100, title 1, California Code of
						Regulations (Register 2001, No. 7).
Note: Authority cited: Sections
						  3513(h)
						  and
						  3541.3(g),
						  Government Code. Reference: Sections
						  3520.5 and
						  3541.3(c),
						  (l), 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 2 - Severance Petition › Section 40210 - Posting Notice of Severance Petition

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The employer shall post a notice of the
					 severance petition 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 unit claimed to be appropriate are employed.
(c) The notice shall remain posted for 20
					 days.
(d) The notice shall consist
					 of a copy of the severance petition with the appropriate portion of the form
					 completed by the employer prior to posting.
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).
Note: Authority cited: Sections
						  3513(h)
						  and
						  3541.3(g),
						  Government Code. Reference: Sections
						  3520.5 and
						  3541.3(c),
						  (l), 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 2 - Severance Petition › Section 40220 - Board Determination Regarding Proof of Support-Severance Petition

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Within 20 days
					 of the date of service of the petition, 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 petition was filed with the regional
					 office, 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 or until
					 the last day of the "window period" as defined by Section
					 40130, whichever occurs first, 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. Change
						without regulatory effect amending NOTE filed 2-15-2001 pursuant to section
						100, title 1, California Code of
						Regulations (Register 2001, No. 7).
Note: Authority cited: Sections
						  3513(h)
						  and
						  3541.3(g),
						  Government Code. Reference: Sections
						  3520.5 and
						  3541.3(c),
						  (l), 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 2 - Severance Petition › Section 40230 - Response to Severance Petition

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The employer or the exclusive
					 representative of the established unit may file a responding statement
					 supporting or opposing the severance petition. Unless otherwise notified by the
					 Board, 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) 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 agreement covering
					 employees in the established unit;
(4) A concise statement setting forth 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 3 - State Employer-Employee Relations Act › Subchapter 1 - Representation Procedures › Article 2 - Severance Petition › Section 40240 - Amendment of Severance Petition; Posting Amendments

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A severance petition may be amended to
					 correct technical errors or to delete job classifications or positions from the
					 proposed unit at any time prior to the issuance of a PERB notice of
					 representation hearing or, where no hearing has been held, issuance of a
					 Directed Election Order or approval of a Consent Election Agreement. The
					 amendment shall be filed with the regional office on forms provided by the
					 Board. Service and proof of service pursuant to Section
					 32140 are required.
(b) A severance petition may be amended to
					 add job classifications or positions to the proposed unit, subject to the
					 following:
(1) An amendment to add job
					 classifications or positions to a proposed unit may be filed within the time
					 frames listed in subsection (a) above, except that if there exists a memorandum
					 of understanding between the employer and the exclusive representative covering
					 any of the employees to be added to the proposed unit, the amendment must be
					 filed in the manner set out in Section
					 32135 during the "window period" as
					 defined by Section
					 40130.
(2) The amendment shall be filed with the
					 regional office on forms provided by the Board. Service and proof of service
					 pursuant to Section
					 32140 are required. Additional
					 proof of support, if needed to maintain standing as a petitioner, shall be
					 filed with the regional office with the amendment.
(3) The employer shall post a notice of the
					 amendment as soon as possible but in no event later than 15 days following
					 service of the amendment. The notice shall conform to the requirements for
					 posting an original petition and shall remain posted for 20 days.
(4) A response from any party to the amended
					 petition may be filed with the regional office within 15 days following the
					 service of the Board's determination of adequacy of proof of support, unless
					 otherwise directed by the Board. The response shall conform to the requirements
					 for responses as set forth in Section
					 40230.
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 2 - Severance Petition › Section 40250 - Withdrawal of Severance Petition

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Any severance petition may be withdrawn by an authorized
						representative of the employee organization that filed it. Such withdrawal
						shall be filed with the regional office. Service and proof of service pursuant
						to Section 32140 are
						required.
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).
Note: Authority cited: Sections
						  3513(h)
						  and
						  3541.3(g),
						  Government Code. Reference: Sections
						  3520.5 and
						  3541.3(c),
						  (l), 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 2 - Severance Petition › Section 40260 - 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) 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
					 covered by the severance petition, unless the petition is filed less than 242
					 days but more than 212 days prior to the expiration date of such memorandum or
					 the end of the third year of such memorandum; 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
(3)
					 A valid 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.
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 3 - Representation Elections › Section 40300 - Notice of Intent to Conduct Election

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
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. A notice of
						decision which orders a representation election shall serve as a notice of
						intent to conduct election.
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).
Note: Authority cited: Sections
						  3513(h)
						  and
						  3541.3(g),
						  Government Code. Reference: Sections
						  3520.5,
						  3541.3(c),
						  (l),
						  3544,
						  3544.1,
						  3544.3,
						  3544.5 and
						  3544.7,
						  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 3 - Representation Elections › Section 40310 - Intervention to Appear on Ballot

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Within 20 days following issuance of a
					 notice of intent to conduct election in the appropriate unit, any employee
					 organization 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 30 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. 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).
2. Change without regulatory
						effect amending NOTE filed 2-15-2001 pursuant to section
						100, title 1, California Code of
						Regulations (Register 2001, No. 7).
Note: Authority cited: Sections
						  3513(h)
						  and
						  3541.3(g),
						  Government Code. Reference: Sections
						  3520.5,
						  3541.3(c),
						  (l) and
						  3544.1(b),
						  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 3 - Representation Elections › Section 40320 - 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 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. Change
						without regulatory effect amending NOTE filed 2-15-2001 pursuant to section
						100, title 1, California Code of
						Regulations (Register 2001, No. 7).
Note: Authority cited: Sections
						  3513(h)
						  and
						  3541.3(g),
						  Government Code. Reference: Sections
						  3520.5,
						  3541.3(c),
						  (l),
						  3544,
						  3544.1,
						  3544.3,
						  3544.5 and
						  3544.7,
						  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 3 - Representation Elections › Section 40330 - Conduct of Elections

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
All elections shall be conducted by the Board in
						accordance with election procedures described in Chapter 1, Subchapter 6,
						Article 2 of these regulations.
1. Change
						without regulatory effect amending section filed 3-22-95 pursuant to section
						100, title 1, California Code of
						Regulations (Register 95, No. 12).
2. Change without regulatory
						effect amending NOTE filed 2-15-2001 pursuant to section
						100, title 1, California Code of
						Regulations (Register 2001, No. 7).
Note: Authority cited: Sections
						  3513(h)
						  and
						  3541.3(g),
						  Government Code. Reference: Sections
						  3520.5,
						  3541.3(c),
						  (l),
						  3544,
						  3544.1,
						  3544.3,
						  3544.5 and
						  3544.7,
						  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 40400 - Employee Petition. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
						Article 4 (Sections
						40400-40430, not consecutive) filed
						10-10-85; effective thirtieth day thereafter (Register 85, No.
						41).
2. Amendment of subsection (c) filed 4-12-2000; operative
						5-12-2000 (Register 2000, No. 15).
3. Amendment of subsections (a)
						and (c) and amendment of NOTE filed 6-13-2001; operative 6-13-2001 (Register
						2001, No. 24).
4. Change without regulatory effect repealing article
						4 (sections
						40400-40430) and 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 3 - State Employer-Employee Relations Act › Subchapter 1 - Representation Procedures › Article 4 - Rescission of Fair Share Fee Provision [Repealed] › Section 40410 - Board Determination Regarding Proof of Support. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
						subsection (b), subsection relettering and amendment of NOTE filed 6-13-2001;
						operative 6-13-2001 (Register 2001, No. 24).
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.