California Code of Regulations › Title 8 - Industrial Relations › Division 2 - Agricultural Labor Relations Board › Chapter 3 - Procedure Under Chapter 5 of the Act for the Determination of Questions Concerning Representation of Employees › Section 20310 - Employer Obligations

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				Employer's Written Response to the Petition. Upon service and filing of a
				petition, as set forth above, the employer so served shall provide to the
				regional director or the regional director's designated agent, within the time
				limits set forth in subdivision (d), the following information accompanied by a
				declaration, signed under penalty of perjury, that the information provided is
				true and correct:
(1) The employer's full and
				correct legal name, a description of the nature of its legal entity, a full and
				correct address, and the name, address, telephone number, email address, and
				the location and title of a person within the employer's organization who is
				authorized to accept service of papers. Such person shall also be one who is
				authorized to make agreements with the Board and the parties regarding the
				petition unless the employer has notified the regional office that it has a
				designated outside attorney or other outside representative who is to be
				contacted regarding the petition.
(2) A complete and accurate list of the
				complete and full names, current street addresses, landline and cellular
				telephone numbers, email addresses, and job classifications of all agricultural
				employees, including employees hired through a labor contractor, in the
				bargaining unit sought by the petitioner in the payroll period immediately
				preceding the filing of the petition. "Current street addresses" means the
				address where the employees reside while working for the employer. The employee
				list shall also include the names, current street addresses, landline and
				cellular telephone numbers, email addresses, and job classifications of persons
				working for the employer as part of a family or other group for which the name
				of only one group member appears on the payroll. If the employer contends that
				the unit sought by the petition is inappropriate, the employer shall
				additionally, and within the time limits set forth in subdivision (d), provide
				a complete and accurate list of the names, addresses, landline and cellular
				telephone numbers, and email addresses of the employees in the unit the
				employer contends to be appropriate, together with a written description of
				that unit. If an employer chooses to submit, in addition to the information
				required, W-4 forms, social security numbers, employee signature facsimiles, or
				similar information, the regional director shall use such information to
				confirm the validity of the union's showing of interest only to the extent
				deemed appropriate in the regional director's discretion. Such information may
				also be used by the regional director to the extent deemed appropriate in the
				regional director's discretion in order to resolve allegations of fraud in the
				showing of interest pursuant to section
				20300(i)(4)(A) of
				these regulations.
(3) The names of
				employees employed each day during the payroll period immediately preceding the
				filing of the petition. This information may be submitted in the form of a copy
				of the employer's original payroll records or in some other form acceptable to
				the Board agent assigned to the case. The regional offices shall not disclose
				these records to any party.
(4) The
				duration and timing of payroll periods for the unit sought, for example,
				weekly, Sunday-Saturday payroll, or bimonthly payroll commencing on the 1st and
				15th of each month. If employees in the unit sought are paid on more than one
				payroll period, the employer shall give the duration and timing of each payroll
				period and lists of which employees are covered by each payroll
				period.
(5) The names, addresses,
				telephone numbers, and email addresses of all labor contractors supplying labor
				during the pertinent payroll period(s).
(6) A statement of the peak employment
				(payroll period dates and number of employees) for the current calendar year in
				the unit sought by the petition. If the employer contends that the petition was
				filed at a time when the number of employees employed constituted less than 50%
				of its peak agricultural employment for the current calendar year, the employer
				shall provide evidence sufficient to support that contention.
If it is contended that the peak employment period has
				  already passed, such evidence shall include payroll records which show both the
				  names and actual number of (agricultural) employees employed each day and the
				  number of hours each employee worked during the peak payroll period. If it is
				  contended that the peak payroll period will occur later in the calendar year,
				  such evidence shall include payroll records which show both the names and
				  actual number of (agricultural) employees employed each day and the number of
				  hours each employee worked during the peak payroll period from the previous
				  year(s), as well as any other information in the employer's possession which
				  would be relevant to the determination of peak employment requirements.
(7) If the employer challenges the
				accuracy of any of the other allegations of the petition required by Labor Code
				section
				1156.3(a),
				in particular subdivisions (a)(2), (3), and (4), the employer shall provide
				information to support these contentions.
(8) A statement of which languages, if any,
				other than Spanish and English, the employer requests be included on the
				ballots in any election conducted pursuant to the petition, and the approximate
				number of employees who can effectively read the requested language and no
				other in which the ballot would otherwise be printed.