reglab/statecodes huggingface dataset:
California Code of Regulations › Title 8 - Industrial Relations › Division 3 - Public Employment Relations Board › Chapter 5 - Meyers-Milias-Brown Act › Subchapter 1 - Enforcement and Application of Local Rules Concerning Unit Determinations, Recognition, Representation and Elections › Article 5 - Decertification Petition › Section 61360 - Posting Notice of Decertification Petition

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The employer shall post a notice of the
					 decertification petition, as provided by the Board as soon as possible but in
					 no event later than 15 days following service of a copy of the
					 petition.
(b) The notice shall be
					 posted conspicuously on all employee bulletin boards in each facility of the
					 employer in which members of the established unit are employed.
(c) The notice shall remain posted for a
					 minimum of 15 workdays.
(d) The
					 employer shall inform the regional office and the parties in writing of the
					 locations and date of posting of the notice.
1. New
						section filed 6-11-2001 as an emergency; operative 7-1-2001 (Register 2001, No.
						24). A Certificate of Compliance must be transmitted to OAL by 10-29-2001 or
						emergency language will be repealed by operation of law on the following
						day.
2. Certificate of Compliance as to 6-11-2001 order transmitted
						to OAL 10-18-2001 and filed 12-4-2001 (Register 2001, No. 49).
3.
						Change without regulatory effect amending subsection (a) filed 3-14-2012
						pursuant to section
						100, title 1, California Code of
						Regulations (Register 2012, No. 11).
Note: Authority cited: Sections
						  3509(a)
						  and
						  3541.3(g),
						  Government Code. Reference: Sections
						  3507,
						  3507.1,
						  3509 and
						  3541.3(c)
						  and
						  3541.3(l),
						  Government Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 3 - Public Employment Relations Board › Chapter 5 - Meyers-Milias-Brown Act › Subchapter 1 - Enforcement and Application of Local Rules Concerning Unit Determinations, Recognition, Representation and Elections › Article 5 - Decertification Petition › Section 61370 - Board Determination Regarding Proof of Support

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Within 20 days of the date the
					 decertification petition is filed with the regional office, the employer shall
					 file with the regional office a description of the established unit and an
					 alphabetical list, including job titles or classifications, of employees in the
					 established unit as of the last date of the payroll period immediately
					 preceding the date the decertification petition was filed, unless otherwise
					 directed by the Board.
(b) Upon
					 completion of the review of the proof of support, the Board shall inform the
					 parties in writing of the determination as to sufficiency or lack thereof
					 regarding the proof of support.
1. New
						section filed 6-11-2001 as an emergency; operative 7-1-2001 (Register 2001, No.
						24). A Certificate of Compliance must be transmitted to OAL by 10-29-2001 or
						emergency language will be repealed by operation of law on the following
						day.
2. Certificate of Compliance as to 6-11-2001 order transmitted
						to OAL 10-18-2001 and filed 12-4-2001 (Register 2001, No.
						49).
Note: Authority cited: Sections
						  3509(a)
						  and
						  3541.3(g),
						  Government Code. Reference: Sections
						  3507,
						  3507.1,
						  3509 and
						  3541.3(c) and
						  (l), Government
						  Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 3 - Public Employment Relations Board › Chapter 5 - Meyers-Milias-Brown Act › Subchapter 1 - Enforcement and Application of Local Rules Concerning Unit Determinations, Recognition, Representation and Elections › Article 5 - Decertification Petition › Section 61380 - Board Investigation/Election

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Upon receipt of a petition for
					 decertification, the Board shall investigate and, where appropriate, conduct a
					 hearing and/or an election or take such other action as necessary.
(b) The petition shall be dismissed if the
					 existing exclusive representative files a valid disclaimer of interest in
					 representing employees in the unit within 20 days of the date the petition is
					 filed with the regional office.
(c)
					 The petition shall be dismissed (1) whenever there is currently in effect a
					 memorandum of understanding between the employer and the exclusive
					 representative of the employees covered by a petition, unless the petition is
					 filed during the window period defined in Section
					 61010 of these regulations,
					 provided that if such memorandum has been in effect for three years or more,
					 there shall be no restriction as to time of filing the petition; or, (2)
					 whenever a representation election result has been certified affecting the
					 described unit or a subdivision thereof within the 12 months immediately
					 preceding the date of filing of the petition, or, (3) whenever the employer
					 has, within the previous 12 months, lawfully recognized the exclusive
					 representative in the unit.
1. New
						section filed 6-11-2001 as an emergency; operative 7-1-2001 (Register 2001, No.
						24). A Certificate of Compliance must be transmitted to OAL by 10-29-2001 or
						emergency language will be repealed by operation of law on the following
						day.
2. Certificate of Compliance as to 6-11-2001 order transmitted
						to OAL 10-18-2001 and filed 12-4-2001 (Register 2001, No. 49).
3.
						Amendment of subsection (c) filed 11-13-2003; operative 12-13-2003 (Register
						2003, No. 46).
Note: Authority cited: Sections
						  3509(a)
						  and
						  3541.3(g),
						  Government Code. Reference: Sections
						  3507,
						  3507.1,
						  3509 and
						  3541.3(c), (h) and
						  (l), Government
						  Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 3 - Public Employment Relations Board › Chapter 5 - Meyers-Milias-Brown Act › Subchapter 1 - Enforcement and Application of Local Rules Concerning Unit Determinations, Recognition, Representation and Elections › Article 6 - Severance Petition › Section 61400 - Severance Petition

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) An
					 employee organization may file a petition to become the exclusive
					 representative of an appropriate unit consisting of a group of employees who
					 are already members of a larger established unit represented by an incumbent
					 exclusive representative by filing a petition for certification in accordance
					 with the provisions of Article 3 of this Chapter. Such a petition shall include
					 the following information:
(1) The name,
					 address and telephone number of the petitioning employee organization and the
					 name, address and telephone number of the agent to be contacted;
(2) The name, address and telephone number of
					 the employer and the name, address and telephone number of the agent to be
					 contacted;
(3) A brief description
					 and the title of the established unit;
(4) The name, address and telephone number of
					 the exclusive representative of the established unit and the name, address and
					 telephone number of the agent to be contacted;
(5) A description of the proposed appropriate
					 unit, including the classifications and positions to be included and those to
					 be excluded;
(6) The approximate
					 number of employees in the proposed appropriate unit;
(7) The date on which the exclusive
					 representative was recognized or certified;
(8) The effective and expiration dates of the
					 current memorandum of understanding, if any, covering employees in the
					 established unit.
California Code of Regulations › Title 8 - Industrial Relations › Division 3 - Public Employment Relations Board › Chapter 5 - Meyers-Milias-Brown Act › Subchapter 1 - Enforcement and Application of Local Rules Concerning Unit Determinations, Recognition, Representation and Elections › Article 6 - Severance Petition › Section 61410 - Response to Severance Petition

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The public agency and the exclusive
					 representative of the established unit may file responding statements
					 supporting or opposing the severance petition. Such response shall be filed
					 with the regional office within 20 days following the date of service of the
					 severance petition. Service and proof of service of the response pursuant to
					 Section 32140 are required.
(b) The response shall be in writing, signed
					 by an authorized agent of the responding party and contain the following
					 information:
(1) A copy of the severance
					 petition;
(2) The name, address and
					 telephone number of the respondent, and the name, address and telephone number
					 of the respondent agent to be contacted;
(3) A statement confirming or refuting the
					 information contained in the severance petition regarding the date the
					 incumbent exclusive representative was recognized or certified, and the
					 effective date and the expiration date of any current memorandum of
					 understanding covering employees in the established unit; and,
(4) A concise statement setting forth the
					 basis for support of or opposition to the unit proposed by the
					 petition.
California Code of Regulations › Title 8 - Industrial Relations › Division 3 - Public Employment Relations Board › Chapter 5 - Meyers-Milias-Brown Act › Subchapter 1 - Enforcement and Application of Local Rules Concerning Unit Determinations, Recognition, Representation and Elections › Article 6 - Severance Petition › Section 61420 - Board Investigation

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Whenever a severance petition is filed
					 with the Board, the Board shall investigate and, where appropriate, conduct a
					 hearing and/or a representation election, or take such other action as deemed
					 necessary to decide the questions raised by the petition.
(b) The petition shall be dismissed (1)
					 whenever there is currently in effect a memorandum of understanding between the
					 employer and the exclusive representative of any employees covered by a
					 petition, unless the petition is filed during the window period defined in
					 Section 61010 of these regulations,
					 provided that if such memorandum has been in effect for three years or more,
					 there shall be no restriction as to time of filing the petition; or, (2)
					 whenever a representation election result has been certified affecting the
					 described unit or a subdivision thereof within the 12 months immediately
					 preceding the date of filing of the petition, or, (3) whenever the employer
					 has, within the previous 12 months, lawfully recognized the exclusive
					 representative in the described unit or a subdivision thereof.
1. New
						section filed 6-11-2001 as an emergency; operative 7-1-2001 (Register 2001, No.
						24). A Certificate of Compliance must be transmitted to OAL by 10-29-2001 or
						emergency language will be repealed by operation of law on the following
						day.
2. Certificate of Compliance as to 6-11-2001 order transmitted
						to OAL 10-18-2001 and filed 12-4-2001 (Register 2001, No. 49).
3.
						Amendment of subsection (b) filed 11-13-2003; operative 12-13-2003 (Register
						2003, No. 46).
Note: Authority cited: Sections
						  3509(a)
						  and
						  3541.3(g) and
						  (n), Government Code. Reference: Sections
						  3507,
						  3507.1,
						  3509 and
						  3541.3(a), (e), (h) and
						  (l), Government
						  Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 3 - Public Employment Relations Board › Chapter 5 - Meyers-Milias-Brown Act › Subchapter 1 - Enforcement and Application of Local Rules Concerning Unit Determinations, Recognition, Representation and Elections › Article 7 - Petition for Unit Modification › Section 61450 - Petition

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Absent agreement of the parties to modify a unit, an
						exclusive representative, an employer, or both must file a petition for unit
						modification in accordance with this section. Parties who wish to obtain Board
						certification of a unit modification may file a petition in accordance with the
						provisions of this section.
(a) An
					 exclusive representative may file with the regional office a petition for
					 modification of its unit(s):
(1) To add to
					 the unit unrepresented classifications or positions;
(2) To divide the existing unit into two or
					 more appropriate units;
(3) To
					 consolidate two or more of its established units into one appropriate
					 unit.
California Code of Regulations › Title 8 - Industrial Relations › Division 3 - Public Employment Relations Board › Chapter 5 - Meyers-Milias-Brown Act › Subchapter 1 - Enforcement and Application of Local Rules Concerning Unit Determinations, Recognition, Representation and Elections › Article 7 - Petition for Unit Modification › Section 61460 - Response to Petition

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 Unless otherwise notified by the Board, a party or interested party may file a
					 response to a petition filed solely by an exclusive representative or an
					 employer. Such response shall be filed with the regional office within 20 days
					 following the date of service of the petition. Service and proof of service of
					 the response pursuant to Section
					 32140 are required.
(b) The response shall be in writing, signed
					 by an authorized agent of the responding party and contain the following
					 information:
(1) The name, address and
					 telephone number of the petitioner(s);
(2) The name, address and telephone number of
					 the respondent and the name, address and telephone number of the agent to be
					 contacted;
(3) A statement
					 confirming or refuting information contained in the petition regarding the size
					 and description of the established unit(s), the date(s) of recognition or
					 certification, the approximate number of employees involved in the modification
					 request and the identity of any other employee organization known to claim to
					 represent affected employees;
(4) A
					 concise statement setting forth the reasons for support of or opposition to the
					 unit modification proposed by the petitioner(s).
California Code of Regulations › Title 8 - Industrial Relations › Division 3 - Public Employment Relations Board › Chapter 5 - Meyers-Milias-Brown Act › Subchapter 1 - Enforcement and Application of Local Rules Concerning Unit Determinations, Recognition, Representation and Elections › Article 7 - Petition for Unit Modification › Section 61470 - Board Determination Regarding Proof of Support

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) If proof of support has been filed
					 pursuant to section
					 61450(e)(1) or
					 (2), the employer shall, within 20 days of
					 the date the support was filed, file with the regional office an alphabetical
					 list, including job titles or classifications, of all employees proposed to be
					 added to the unit as of the last date of the payroll period immediately
					 preceding the date the petition was filed with PERB, unless otherwise directed
					 by the Board.
(b) The Board may
					 allow up to 10 days to perfect the proof of support.
(c) Upon completion of the review of the
					 proof of support, the Board shall inform the parties in writing of the
					 determination as to sufficiency of the proof of support.
1. New
						section filed 6-11-2001 as an emergency; operative 7-1-2001 (Register 2001, No.
						24). A Certificate of Compliance must be transmitted to OAL by 10-29-2001 or
						emergency language will be repealed by operation of law on the following
						day.
2. Certificate of Compliance as to 6-11-2001 order transmitted
						to OAL 10-18-2001 and filed 12-4-2001 (Register 2001, No. 49).
3.
						Amendment of subsection (a) filed 11-29-2007; operative 12-29-2007 (Register
						2007, No. 48).
Note: Authority cited: Sections
						  3509(a)
						  and
						  3541.3(e) and
						  (g), Government Code. Reference: Sections
						  3507,
						  3507.1,
						  3507.3,
						  3507.5,
						  3508,
						  3509 and
						  3541.3(a) and
						  (e), Government
						  Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 3 - Public Employment Relations Board › Chapter 5 - Meyers-Milias-Brown Act › Subchapter 1 - Enforcement and Application of Local Rules Concerning Unit Determinations, Recognition, Representation and Elections › Article 7 - Petition for Unit Modification › Section 61480 - Disposition of Petitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Upon receipt of a petition for unit
					 modification, the Board shall investigate and, where appropriate, conduct a
					 hearing and/or a representation election, or take such other action as deemed
					 necessary in order to decide the questions raised by the petition and to ensure
					 full compliance with the provisions of the law.
(b) The Board shall dismiss a petition if (1)
					 it is found to be improperly or not timely filed; or, (2) if proof of support
					 submitted falls short of the required level of support; or, (3) if a
					 representation election result has been certified within the 12 months
					 immediately preceding the date of filing of the petition which covers any
					 employees proposed to be added to the unit; or, (4) whenever the employer has,
					 within the previous 12 months, lawfully recognized the exclusive representative
					 in the described unit or a subdivision thereof.
(c) Board Order of Unit Modification.
(1) The Board shall issue an order of unit
					 modification whenever the disposition of a petition filed under this Article
					 results in the modification of a unit.
(2) The order shall not be considered to be a
					 new certification for the purpose of computing time limits pursuant to Section
					 61200.
California Code of Regulations › Title 8 - Industrial Relations › Division 3 - Public Employment Relations Board › Chapter 5 - Meyers-Milias-Brown Act › Subchapter 1 - Enforcement and Application of Local Rules Concerning Unit Determinations, Recognition, Representation and Elections › Article 8 - Rescission of Agency Shop Agreement or Provision [Repealed] › Section 61600 - Employee Petition. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
						article 8 (sections
						61600-61630) and section filed
						6-11-2001 as an emergency; operative 7-1-2001 (Register 2001, No. 24). A
						Certificate of Compliance must be transmitted to OAL by 10-29-2001 or emergency
						language will be repealed by operation of law on the following
						day.
2. Certificate of Compliance as to 6-11-2001 order transmitted
						to OAL 10-18-2001 and filed 12-4-2001 (Register 2001, No. 49).
3.
						Change without regulatory effect repealing article 8 (sections
						61600-61630) and section filed
						7-31-2019 pursuant to section
						100, title 1, California Code of
						Regulations (Register 2019, No. 31).
Note: Authority cited: Sections
						  3509(a),
						  3541.3(g)
						  and
						  3541.3(n),
						  Government Code. Reference: Sections
						  3502.5(d),
						  3507,
						  3509 and
						  3541.3(c),
						  Government Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 3 - Public Employment Relations Board › Chapter 5 - Meyers-Milias-Brown Act › Subchapter 1 - Enforcement and Application of Local Rules Concerning Unit Determinations, Recognition, Representation and Elections › Article 8 - Rescission of Agency Shop Agreement or Provision [Repealed] › Section 61610 - Board Determination Regarding Proof of Support. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
						section filed 6-11-2001 as an emergency; operative 7-1-2001 (Register 2001, No.
						24). A Certificate of Compliance must be transmitted to OAL by 10-29-2001 or
						emergency language will be repealed by operation of law on the following
						day.
2. Certificate of Compliance as to 6-11-2001 order transmitted
						to OAL 10-18-2001 and filed 12-4-2001 (Register 2001, No. 49).
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: Sections
						  3509(a),
						  3541.3(g)
						  and
						  3541.3(n),
						  Government Code. Reference: Sections
						  3502.5(d),
						  3507,
						  3509 and
						  3541.3(c),
						  Government Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 3 - Public Employment Relations Board › Chapter 5 - Meyers-Milias-Brown Act › Subchapter 1 - Enforcement and Application of Local Rules Concerning Unit Determinations, Recognition, Representation and Elections › Article 8 - Rescission of Agency Shop Agreement or Provision [Repealed] › Section 61620 - Employee Vote. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
						section filed 6-11-2001 as an emergency; operative 7-1-2001 (Register 2001, No.
						24). A Certificate of Compliance must be transmitted to OAL by 10-29-2001 or
						emergency language will be repealed by operation of law on the following
						day.
2. Certificate of Compliance as to 6-11-2001 order transmitted
						to OAL 10-18-2001 and filed 12-4-2001 (Register 2001, No. 49).
3.
						Amendment of subsection (a) filed 4-11-2006; operative 5-11-2006 (Register
						2006, No. 15).
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
						  3509(a),
						  3541.3(g)
						  and
						  3541.3(n),
						  Government Code. Reference: Sections
						  3502.5(d),
						  3507,
						  3509 and
						  3541.3(c),
						  Government Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 3 - Public Employment Relations Board › Chapter 5 - Meyers-Milias-Brown Act › Subchapter 1 - Enforcement and Application of Local Rules Concerning Unit Determinations, Recognition, Representation and Elections › Article 8 - Rescission of Agency Shop Agreement or Provision [Repealed] › Section 61630 - Bar to Rescission. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
						section filed 6-11-2001 as an emergency; operative 7-1-2001 (Register 2001, No.
						24). A Certificate of Compliance must be transmitted to OAL by 10-29-2001 or
						emergency language will be repealed by operation of law on the following
						day.
2. Certificate of Compliance as to 6-11-2001 order transmitted
						to OAL 10-18-2001 and filed 12-4-2001 (Register 2001, No. 49).
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: Sections
						  3509(a),
						  3541.3(g)
						  and
						  3541.3(n),
						  Government Code. Reference: Sections
						  3502.5(d),
						  3507,
						  3509 and
						  3541.3(c),
						  Government Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 3 - Public Employment Relations Board › Chapter 6 - Representation Proceedings Under Public Utilities Code Transit District Acts › Subchapter 1 - General Provisions › Section 70050 - Scope of Subchapter 2 (TEERA) and Subchapter 3 (Other PUC Transit Labor Relations Acts)

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Subchapter 2 pertains to TEERA, which governs only
					 supervisory employees at the Los Angeles County Metropolitan Transportation
					 Authority. Subchapter 3 pertains to all other representation proceedings
					 involving Transit Labor Relations Acts under the Public Utilities Code,
					 including proceedings involving non-supervisory employees at the Los Angeles
					 County Metropolitan Transportation Authority.
Note: Authority cited: Sections
						3541.3(g)
						and
						3603,
						Government Code; and Sections 30751, 40122, 70122, 90300, 98162.5, 99561(f),
						100301, 101344, 102403, 103401, 120505, 125521, Appendix 1, Section 4.4 and
						Appendix 2, Section 13.91, Public Utilities Code. Reference: Sections 25052,
						28851, 30751, 40122, 50121, 70122, 90300, 95651, 98162.5, 99561(h), 99561.2,
						99563.7, 99563.8, 99567, 100301, 101344, 102403, 103401, 120505, 125521,
						Appendix 1, Section 4.4 and Appendix 2, Section 13.91, Public Utilities
						Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 3 - Public Employment Relations Board › Chapter 6 - Representation Proceedings Under Public Utilities Code Transit District Acts › Subchapter 1 - General Provisions › Article 1 - General Provisions › Section 71010 - Parties

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
"Parties" means the transit district 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. New
						chapter 6 (subchapters 1-2, sections
						71010-71740) subchapter 1 (articles
						1-7, sections
						71010-71680), article 1 (sections
						71010-71027) 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.
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
						  99561(f),
						  Public Utilities Code. Reference: Sections
						  99560.1,
						  99564,
						  99564.1,
						  99564.2,
						  99564.3
						  and
						  99566.1,
						  Public Utilities Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 3 - Public Employment Relations Board › Chapter 6 - Representation Proceedings Under Public Utilities Code Transit District Acts › Subchapter 1 - General Provisions › Article 1 - General Provisions › Section 71026 - Window Period

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
"Window period" means the 31-day period established
						pursuant to Public Utilities Code Sections
						99564.1(c)
						and
						99564.4(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 transit
						district 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 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).
3.
						Amendment filed 4-11-2006; operative 5-11-2006 (Register 2006, No.
						15).
Note: Authority cited: Section
						  99561(f),
						  Public Utilities Code. Reference: Sections
						  99564.1(c)
						  and
						  99564.4(b)(1),
						  Public Utilities Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 3 - Public Employment Relations Board › Chapter 6 - Representation Proceedings Under Public Utilities Code Transit District Acts › Subchapter 1 - General Provisions › Article 1 - General Provisions › Section 71027 - List of Transit District Employee Mailing Addresses

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 Except as prohibited by law, the transit district employer shall release to an
					 exclusive representative a mailing list of home addresses of transit district
					 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 the mailing
					 list, and (3) cost of production shall be subject to the collective bargaining
					 process.
(b) Except as prohibited
					 by law, the transit district employer may, upon request, release a mailing list
					 of home addresses of its unrepresented employees to an employee organization.
					 The mechanics of such release, including but not limited to (1) timing,
					 frequency, and manner of disclosure, (2) maintenance of the mailing list, and
					 (3) cost of production shall be determined by the transit district
					 employer.
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
						  99561(f),
						  Public Utilities Code. Reference: Sections
						  99563,
						  99563.2,
						  99563.4
						  and
						  99566.1(f),
						  Public Utilities Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 3 - Public Employment Relations Board › Chapter 6 - Representation Proceedings Under Public Utilities Code Transit District Acts › Subchapter 1 - General Provisions › Article 2 - Request for Recognition and Intervention › Section 71030 - Request for Recognition

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A
					 request for recognition by an employee organization seeking to become the
					 exclusive representative of an appropriate unit shall be filed with the
					 employer. A copy of the request shall be filed concurrently with the regional
					 office. The request shall be signed by an authorized agent of the employee
					 organization and include the following information:
(1) The name, address and telephone number of
					 the employee organization and the name, address and telephone number of the
					 agent to be contacted;
(2) The
					 name, address and telephone number of the employer and the name, address and
					 telephone number of the agent to be contacted;
(3) A description of the proposed appropriate
					 unit, including the classifications and positions to be included and those to
					 be excluded;
(4) The approximate
					 number of employees in the proposed appropriate unit;
(5) The name and address of any other
					 employee organization, if any, known to have an interest in representing the
					 employees covered by the unit.
California Code of Regulations › Title 8 - Industrial Relations › Division 3 - Public Employment Relations Board › Chapter 6 - Representation Proceedings Under Public Utilities Code Transit District Acts › Subchapter 1 - General Provisions › Article 2 - Request for Recognition and Intervention › Section 71035 - 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 include a copy of the request for recognition and shall also
					 include the PERB case number, the date the request was received, the date the
					 notice is posted, the final date for posting, the final date for intervention
					 on the request, and the signature of the employer's authorized agent.
(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. 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
						  99561(f),
						  Public Utilities Code. Reference: Sections
						  99561(k)
						  and
						  99564,
						  Public Utilities Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 3 - Public Employment Relations Board › Chapter 6 - Representation Proceedings Under Public Utilities Code Transit District Acts › Subchapter 1 - General Provisions › Article 2 - Request for Recognition and Intervention › Section 71040 - Intervention

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 Except as provided in Section
					 71680(c), an
					 intervention by an employee organization shall be filed with the employer
					 within 15 workdays following the posting of a notice of a request for
					 recognition. A copy of the intervention shall be filed concurrently with the
					 regional office. The intervention shall be signed by an authorized agent of the
					 employee organization, and include the following information:
(1) The name, address and telephone number of
					 the employee organization and the name, address and telephone number of the
					 agent to be contacted;
(2) The
					 name, address and telephone number of the employer and the name, address and
					 telephone number of the agent to be contacted;
(3) A description of the proposed appropriate
					 unit, including the classifications and positions to be included and those to
					 be excluded;
(4) The approximate
					 number of employees in the proposed appropriate unit;
(5) The name and address of any other
					 employee organization, if any, known to have an interest in representing the
					 employees covered by the unit.
California Code of Regulations › Title 8 - Industrial Relations › Division 3 - Public Employment Relations Board › Chapter 6 - Representation Proceedings Under Public Utilities Code Transit District Acts › Subchapter 1 - General Provisions › Article 2 - Request for Recognition and Intervention › Section 71050 - 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. 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
						  99561(f),
						  Public Utilities Code. Reference: Sections
						  99561(k),
						  99564,
						  99564.1,
						  99564.2
						  and
						  99564.4,
						  Public Utilities Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 3 - Public Employment Relations Board › Chapter 6 - Representation Proceedings Under Public Utilities Code Transit District Acts › Subchapter 1 - General Provisions › Article 2 - Request for Recognition and Intervention › Section 71055 - 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. 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
						  99561(f),
						  Public Utilities Code. Reference: Sections
						  99561(k),
						  99564,
						  and
						  99564.1,
						  Public Utilities Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 3 - Public Employment Relations Board › Chapter 6 - Representation Proceedings Under Public Utilities Code Transit District Acts › Subchapter 1 - General Provisions › Article 2 - Request for Recognition and Intervention › Section 71060 - 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 may be filed with the employer or the board. Service
						and proof of service pursuant to Section
						32140 are
						required.
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
						  99561(f),
						  Public Utilities Code. Reference: Sections
						  99561(k),
						  99564,
						  99564.1
						  and
						  99564.2,
						  Public Utilities Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 3 - Public Employment Relations Board › Chapter 6 - Representation Proceedings Under Public Utilities Code Transit District Acts › Subchapter 1 - General Provisions › Article 2 - Request for Recognition and Intervention › Section 71070 - 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 and shall include the
					 information described in Sections
					 71030(a) and
					 71040(a). 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
					 71680(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. 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 71035, 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
					 71080.
California Code of Regulations › Title 8 - Industrial Relations › Division 3 - Public Employment Relations Board › Chapter 6 - Representation Proceedings Under Public Utilities Code Transit District Acts › Subchapter 1 - General Provisions › Article 2 - Request for Recognition and Intervention › Section 71080 - 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, if it has granted voluntary
					 recognition pursuant to Public Utilities Code sections
					 99564
					 and
					 99564.1,
					 shall include the following information in its response:
(1) A statement that the employer has
					 voluntarily recognized (organization) as the exclusive representative for an
					 appropriate unit of employees described below for purposes of meeting and
					 conferring with the employer;
(2)
					 Name, address and telephone number of the employer;
(3) Name, address and telephone number of the
					 employee organization;
(4) A
					 description of the grouping of employment classes to be included in the claimed
					 unit.
(5) The number of employees
					 in the unit recognized;
(6) The
					 date of recognition.
California Code of Regulations › Title 8 - Industrial Relations › Division 3 - Public Employment Relations Board › Chapter 6 - Representation Proceedings Under Public Utilities Code Transit District Acts › Subchapter 1 - General Provisions › Article 2 - Request for Recognition and Intervention › Section 71090 - Employee Organization Petition for Board Investigation

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 Not later than 30 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
					 71030 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
					 71040.
California Code of Regulations › Title 8 - Industrial Relations › Division 3 - Public Employment Relations Board › Chapter 6 - Representation Proceedings Under Public Utilities Code Transit District Acts › Subchapter 1 - General Provisions › Article 2 - Request for Recognition and Intervention › Section 71095 - 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
						71080 or
						71090, the request for recognition
						and any interventions shall be deemed invalid and shall not bar a subsequent
						request for recognition.
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
						  99561(f),
						  Public Utilities Code. Reference: Sections
						  99561(k),
						  99564,
						  99564.1,
						  99564.2
						  and
						  99564.4,
						  Public Utilities Code.