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 2 - Elections › Section 61115 - List of Voters

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) At
					 a date established by the Board, the employer shall file with the regional
					 office a list of names of all employees included in the voting unit as of the
					 cutoff date for voter eligibility. Unless otherwise directed by the Board, the
					 voter list for an on-site election shall be in alphabetical order by assigned
					 polling site and shall include the job title or classification, work location
					 and home address of each eligible voter. Unless otherwise directed by the
					 Board, the voter list for a mailed ballot election shall be in alphabetical
					 order and include the job title and home address of each eligible voter, and
					 shall be accompanied by two sets of name and home address labels for each
					 eligible voter.
(b) A list of
					 eligible voters which meets the requirements of subsection (a) above but which
					 contains in lieu of the home address a mailing address for each eligible voter
					 shall be concurrently served by the employer on each other party to the
					 election. Proof of service shall be filed with the regional office. For
					 purposes of this subsection, mailing address means the home address of each
					 eligible voter, except in the case where the release of the home address of the
					 employee is prohibited by law, or if the Board shall determine that the release
					 of home addresses is likely to be harmful to the employees.
(c) Any party which receives the mailing
					 addresses of eligible voters pursuant to this section shall keep these
					 addresses confidential and shall neither distribute them to any other
					 organization or individual nor utilize them for any other purpose.
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						emergency language will be repealed by operation of law on the following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
						  3502.5,
						  3507,
						  3507.1 and
						  3509,
						  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 2 - Elections › Section 61120 - Voter Eligibility

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Unless otherwise directed by the Board, to be eligible to
						vote in an election employees must be employed in the voting unit as of the
						cutoff date for voter eligibility and still employed on the date they cast
						their ballots in the election. Employees who are ill, on vacation, on leave of
						absence or sabbatical, or temporarily laid off, and employees who are in the
						military service of the United States shall be eligible to
						vote.
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
						  3502.5,
						  3507,
						  3507.1,
						  3509 and
						  3541.3,
						  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 2 - Elections › Section 61125 - Observers

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Each party shall be allowed to station an authorized
						observer selected from the employees of the employer at each polling site
						during an on-site election to assist in the conduct of the election and to
						challenge the eligibility of voters.
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
						  3502.5,
						  3507,
						  3507.1,
						  3509 and
						  3541.3,
						  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 2 - Elections › Section 61130 - Challenges

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) In an on-site
					 election, a Board agent or an authorized observer may challenge, for good
					 cause, the eligibility of a voter. A person so challenged shall be permitted to
					 cast a challenged ballot.
(b) In a
					 mailed ballot election, a Board agent or an authorized agent of any party to
					 the election may challenge, for good cause, the eligibility of a voter. Such
					 challenges shall be made prior to the tally of the ballots.
(c) When sufficient in number to affect the
					 outcome of the election, unresolved challenges shall be resolved by the
					 Board.
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
						  3502.5,
						  3507,
						  3507.1,
						  3509 and
						  3541.3,
						  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 2 - Elections › Section 61135 - Tally of Ballots

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 Each party shall be allowed to station an authorized agent at the ballot count
					 to verify the tally of ballots.
(b)
					 At the conclusion of the counting of ballots, the Board shall serve a tally of
					 the ballots on each party.
(c)
					 Unless otherwise authorized by statute, a majority of the valid votes cast
					 shall determine the outcome of the election.
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
						  3502.5,
						  3507,
						  3507.1,
						  3509 and
						  3541.3,
						  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 2 - Elections › Section 61140 - Resolution of Challenges

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
When the tally of ballots discloses that the challenged
						ballots are sufficient in number to affect the outcome of the election, the
						Board agent shall conduct an investigation and, where appropriate, conduct a
						hearing or take such other action as deemed necessary to determine the
						eligibility of the challenged voters. Any determination made by a Board agent
						pursuant to this Section may be appealed to the Board itself in accordance with
						the provisions of Chapter 1, Subchapter 4, Article 2 or 3 of these regulations,
						as appropriate.
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
						  3502.5,
						  3507,
						  3507.1,
						  3509 and
						  3541.3,
						  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 2 - Elections › Section 61145 - Runoff Elections

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
In a representation election, the Board shall direct a
						runoff election when a valid election results in none of the choices receiving
						a majority of the valid votes cast. The ballot for the runoff election shall
						provide for a selection between the two ballot entries receiving the largest
						and second largest number of valid votes cast in the
						election.
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
						  3502.5,
						  3507,
						  3507.1,
						  3509 and
						  3541.3,
						  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 2 - Elections › Section 61150 - Objections

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 Within 10 days following the service of the tally of ballots, any party to the
					 election may file with the regional office objections to the conduct of the
					 election. Any objections must be filed within the 10 day time period whether or
					 not a runoff election is necessary or challenged ballots are sufficient in
					 number to affect the results of the election.
(b) Service and proof of service of the
					 objections pursuant to Section
					 32140 are required.
(c) Objections shall be entertained by the
					 Board only on the following grounds:
(1) The
					 conduct complained of interfered with the employees' right to freely choose a
					 representative, or
(2) Serious
					 irregularity in the conduct of the election.
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 2 - Elections › Section 61155 - Powers and Duties of Board Agent Concerning Objections

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Concerning objections, the Board agent has the power
						to:
(a) Direct any party to submit
					 evidence through declarations or documents;
(b) Order the inspection of documents by
					 Board agents or the parties;
(c)
					 Direct any party to submit an offer of proof;
(d) Obtain declarations from witnesses based
					 on personal knowledge;
(e) Conduct
					 investigatory conferences with the parties to explore and resolve factual or
					 legal issues;
(f) Dismiss any
					 objections which, after investigation, do not warrant setting aside the
					 election. Any such dismissal is appealable to the Board itself pursuant to
					 Chapter 1, Subchapter 4, Article 3 of these regulations.
(g) Issue a written determination setting
					 aside the election when, after investigation, it appears that such action is
					 warranted, and that no material factual disputes exist. Such determination
					 shall be in writing and served on the parties. Any such determination is
					 appealable to the Board itself pursuant to Chapter 1, Subchapter 4, Article 3
					 of these regulations.
(h) Schedule
					 a hearing when substantial and material factual disputes exist. Any hearing
					 shall be limited to the issues set forth in the notice of hearing.
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
						  3502.5,
						  3507,
						  3507.1,
						  3509 and
						  3541.3,
						  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 2 - Elections › Section 61160 - Withdrawal of Objections

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Any party may withdraw its objections to an election
						prior to a final decision by the Board.
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
						  3502.5,
						  3507,
						  3507.1,
						  3509 and
						  3541.3,
						  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 2 - Elections › Section 61165 - Hearings on Objections and Challenges

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Objections to the conduct of an election which have not
						been dismissed pursuant to Section
						61155(f) or
						unresolved challenged ballots sufficient in number to affect the outcome of the
						election may be resolved through the hearing procedures described in Chapter 1,
						Subchapter 3.
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
						  3502.5,
						  3507,
						  3507.1,
						  3509 and
						  3541.3,
						  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 2 - Elections › Section 61170 - Exception to Decision on Objections or Challenges

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Exceptions to a Board agent's proposed decision on
						objections to the conduct of the election or challenged ballots may be taken in
						accordance with the procedures set forth in Chapter 1, Subchapter 4, Article 2
						of these regulations.
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
						  3502.5,
						  3507,
						  3507.1,
						  3509 and
						  3541.3,
						  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 2 - Elections › Section 61175 - Revised Tally of Ballots

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Should a ruling on challenged ballots direct that any
						such ballots be voided or opened and counted, the Board shall serve a revised
						tally of ballots on each party at the conclusion of the counting and/or voiding
						of such ballots. Each party shall be allowed to station an authorized agent at
						the ballot count to verify the tally of ballots.
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
						  3502.5,
						  3507,
						  3507.1,
						  3509 and
						  3541.3,
						  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 2 - Elections › Section 61180 - Objections to Revised Tally of Ballots

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Within 10 days following the service of a
					 revised tally of ballots, any party may file with the regional office
					 objections to the revised tally.
(b) Service and proof of service of the
					 objections pursuant to Section
					 32140 are required.
(c) Objections to a revised tally of ballots
					 shall be entertained by the Board only on the grounds of serious irregularity
					 in the conduct of the challenged ballot count or issuance of the revised
					 tally.
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
						  3502.5,
						  3507,
						  3507.1,
						  3509 and
						  3541.3,
						  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 2 - Elections › Section 61185 - Certification of Results of Election or Certification of Exclusive Representative

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Except in the case of elections conducted pursuant to
						either Article 4 or 7 of this Chapter, the Board shall certify the results of
						the election or issue a certification of an exclusive representative if the
						results of the election are conclusive and no timely objections are
						filed.
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 filed 4-11-2006; operative 5-11-2006 (Register 2006, No.
						15).
Note: Authority cited: Sections
						  3509(a)
						  and
						  3541.3(g),
						  Government Code. Reference: Sections
						  3502.5,
						  3507,
						  3507.1,
						  3509 and
						  3541.3,
						  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 2 - Elections › Section 61190 - Stay of Election

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Board may stay an election pending the resolution of
						an unfair practice charge relating to the voting unit upon an investigation and
						a finding that alleged unlawful conduct would so affect the election process as
						to prevent the employees from exercising free choice. Any determination to stay
						an election made by the Board pursuant to this section may be appealed to the
						Board itself in accordance with the provisions of Chapter 1, Subchapter 4,
						Article 3 of these regulations.
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
						  3502.5,
						  3507,
						  3507.1,
						  3509 and
						  3541.3,
						  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 2 - Elections › Section 61200 - Bar to Conducting Election

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Board shall dismiss a petition requiring a
						representation election if it determines (1) 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 a petition requiring an election, unless the petition is
						filed less than 120 days but more than 90 days prior to the expiration of such
						memorandum, provided that if a memorandum has been in effect for three years or
						more, there shall be no restriction as to time of filing the petition; or, (2)
						that 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.
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
						  3502.5,
						  3507,
						  3507.1,
						  3509 and
						  3541.3,
						  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 3 - Petition for Certification or Recognition › Section 61210 - Petition for Certification

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) An employee organization may file a
					 petition for certification, by means of an election, to become the exclusive
					 representative of an appropriate unit consisting of a group of employees who
					 are not included in an established unit represented by an exclusive
					 representative. The petition shall be filed with the appropriate regional
					 office; 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 5 - Meyers-Milias-Brown Act › Subchapter 1 - Enforcement and Application of Local Rules Concerning Unit Determinations, Recognition, Representation and Elections › Article 3 - Petition for Certification or Recognition › Section 61215 - Petition for Recognition

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) An employee organization may file a
					 petition for recognition as the exclusive representative of an appropriate unit
					 consisting of a group of employees who are not included in an established unit
					 represented by an exclusive representative. The petition shall be filed with
					 the appropriate regional office; 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 5 - Meyers-Milias-Brown Act › Subchapter 1 - Enforcement and Application of Local Rules Concerning Unit Determinations, Recognition, Representation and Elections › Article 3 - Petition for Certification or Recognition › Section 61220 - Posting Notice of Petition for Certification or Recognition

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The employer shall post a notice of a
					 petition filed pursuant to either section
					 61210 or
					 61215, as provided by the Board, as
					 soon as possible but in no event later than 10 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 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.
						Amendment of section heading and subsection (a) filed 3-18-2013; operative
						7-1-2013 (Register 2013, No. 12).
Note: Authority cited: Sections
						  3509(a),
						  3541.3(g)
						  and
						  3541.3(n),
						  Government Code. Reference: Sections
						  3507,
						  3507.1,
						  3507.3,
						  3507.5,
						  3508,
						  3509 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 3 - Petition for Certification or Recognition › Section 61240 - 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 or recognition, 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.
(d)
					 A petition for certification shall be dismissed if the Board determines that
					 the petition lacks at least 30 percent proof of support.
(e) A petition for recognition shall be
					 dismissed if the Board determines that the petition lacks proof of majority
					 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 (c) filed 11-13-2003; operative 12-13-2003 (Register
						2003, No. 46).
4. Amendment of subsections (a) and (c) and new
						subsections (d) and (e) filed 3-18-2013; operative 7-1-2013 (Register 2013, No.
						12).
Note: Authority cited: Sections
						  3509(a),
						  3541.3(g)
						  and
						  3541.3(n),
						  Government Code. Reference: Sections
						  3507,
						  3507.1,
						  3507.3,
						  3507.5,
						  3508,
						  3509 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 3 - Petition for Certification or Recognition › Section 61250 - 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 a petition
					 for certification, 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 5 - Meyers-Milias-Brown Act › Subchapter 1 - Enforcement and Application of Local Rules Concerning Unit Determinations, Recognition, Representation and Elections › Article 3 - Petition for Certification or Recognition › Section 61255 - Employer Response Regarding Petition for Recognition

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 a petition
					 for recognition, 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 recognition:
(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 recognition;
(3)
					 Employer position regarding the petition for recognition:
(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 recognition should not be
					 granted in the proposed unit? If so, please fully
					 explain.
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 3 - Petition for Certification or Recognition › Section 61260 - Amendment of Petition for Certification or Recognition

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A petition 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. The amendment shall
					 be filed with the regional office and provide the information required in
					 Section 61210(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 set forth in Section
					 61250.
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 3 - Petition for Certification or Recognition › Section 61270 - Board Investigation

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Whenever a petition for certification or recognition 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.
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 filed 3-18-2013; operative 7-1-2013 (Register 2013, No.
						12).
Note: Authority cited: Sections
						  3509(a),
						  3541.3(g)
						  and
						  3541.3(n),
						  Government Code. Reference: Sections
						  3507,
						  3507.1,
						  3507.3,
						  3507.5,
						  3508,
						  3509 and
						  3541.3(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 3 - Petition for Certification or Recognition › Section 61275 - Certification of Exclusive Representative

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
If the Board determines (1) an employee organization
						requesting recognition has demonstrated at least majority proof of the
						employees in an appropriate unit, (2) no other employee organization has
						demonstrated proof of support of at least 30 percent of the employees, and (3)
						the public agency has not granted recognition, the Board shall certify the
						petitioner as the exclusive representative.
1. New
						section filed 3-18-2013; operative 7-1-2013 (Register 2013, No.
						12).
Note: Authority cited: Sections
						  3509(a),
						  3541.3(g)
						  and
						  3541.3(n),
						  Government Code. Reference: Sections
						  3507,
						  3507.1(a),
						  3507.1(c),
						  3509 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 4 - Petition for Amendment of Certification › Section 61300 - Petition

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) An employee
					 organization may file with the regional office a petition to amend its
					 certification or recognition in the event of a merger, amalgamation,
					 affiliation or transfer of jurisdiction, or in the event of a change in the
					 name or jurisdiction of the employer.
(b) The petition shall be in writing, signed
					 by an authorized agent of the employee organization and shall contain 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;
(3) A brief
					 description and the title of the established unit;
(4) A clear and concise statement of the
					 nature of the merger, amalgamation, affiliation or other change in jurisdiction
					 and the new name of the employee organization and/or
					 employer.
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 4 - Petition for Amendment of Certification › Section 61310 - Employer Response

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The employer may file a responding statement to the
						petition filed pursuant to Section
						61300. The statement shall be filed
						with the regional office within 15 days following the date of service of the
						petition. Service and proof of service pursuant to Section
						32140 are
						required.
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(m),
						  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 4 - Petition for Amendment of Certification › Section 61320 - Board Investigation

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Upon receipt of a petition filed pursuant
					 to Section 61300, the Board shall conduct such
					 inquiries and investigations or hold such hearings as deemed necessary and/or
					 conduct a representation election in order to decide the questions raised by
					 the petition.
(b) The Board may
					 dismiss the petition if the petitioner has no standing to petition for the
					 action requested or if the petition is improperly filed. The Board may deny a
					 petition based on the investigation conducted pursuant to subsection (a)
					 above.
(c) Upon approval of a
					 petition, the Board shall issue a certification reflecting the new identity of
					 the exclusive representative and/or employer. Such certification shall not be
					 considered to be a new certification for the purpose of computing time limits
					 pursuant to Section
					 61200 of these
					 regulations.
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(h) and
						  (m), 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 61350 - Petition

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A petition for
					 an election to decertify an existing exclusive representative in an established
					 unit may be filed by a group of employees within the unit or an employee
					 organization. The petition shall be filed with the regional office and include
					 the following information:
(1) The name,
					 address and telephone number of the petitioning employee organization, if any,
					 and/or the name, address and telephone number of the agent to be contacted on
					 behalf of a petitioning employee organization or group of employees;
(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) The approximate number of employees in
					 the established unit;
(6) The date
					 on which the exclusive representative was recognized or certified;
(7) The effective and expiration dates of the
					 current memorandum of understanding, if any, covering employees in the
					 unit.