California Code of Regulations › Title 8 - Industrial Relations › Division 2 - Agricultural Labor Relations Board › Chapter 2 - Unfair Labor Practice Regulations › Section 20219 - Review of Dismissals

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				Within 10 days of the date of service of a dismissal, the charging party may
				file a request with the general counsel for review of the decision dismissing
				the charge. The request for review shall specifically state all reasons why the
				decision should be reviewed. If the charge was dismissed for lack of evidence,
				the charging party may provide additional evidence in support of the charge
				accompanied by a showing of the reasons why such evidence was not previously
				presented to the regional director. If the charge was dismissed for failure to
				legally constitute an unfair labor practice, the charging party shall provide
				legal authority in support of its position that the evidence constitutes an
				unfair labor practice. The request for review and all supporting documents
				shall be served upon the charged party and the regional director as provided in
				sections 20166 and
				20169.
(b) In situations where the charging party is
				an agricultural employee who is not represented by counsel or other
				representative with respect to the charge, if the charging party has not timely
				requested review of a dismissal, the general counsel may grant review of the
				regional director's dismissal sua sponte within 10 days from the date a request
				for review would have been due. The general counsel shall provide notice to
				both the charging and charged parties when the general counsel has granted sua
				sponte review of a dismissal.
(c)
				Within 10 days from the filing of a request for review or from the date the
				general counsel provides notice of granting sua sponte review, the charged
				party may file a statement in opposition with service on the charging party as
				provided in sections
				20166 and
				20169.
(d) Extensions of time to file a request for
				review or a statement in opposition may be requested in accordance with section
				20192, except that such requests
				shall be directed to and ruled upon by the general counsel.
(e) Where a request for review has been filed
				or the general counsel has granted sua sponte review, the general counsel may
				request an oral presentation from the parties. The general counsel may affirm
				the decision of the regional director, remand for further consideration or
				evidence, or issue a complaint.
1. Amendment
				  filed 3-14-78; effective thirtieth day thereafter (Register 78, No.
				  11).
2. Editorial correction adding NOTE filed 2-16-83 (Register 83,
				  No. 8).
3. Amendment of section filed 9-20-91; operative 10-21-91
				  (Register 92, No. 4).
4. Amendment of first paragraph and NOTE filed
				  7-8-99; operative 8-7-99 (Register 99, No. 28).
5. Amendment of
				  section and NOTE filed 8-29-2023; operative 10/1/2023 (Register 2023, No.
				  35).
Note: Authority cited: Section
					 1144, Labor
					 Code. Reference: Sections
					 1149,
					 1151.4,
					 1160.2 and
					 1160.5, Labor
					 Code.