California Code of Regulations › Title 8 - Industrial Relations › Division 3 - Public Employment Relations Board › Chapter 9 - Procedures Under Specified Transit District Acts and Laws › Section 93025 - Investigation of Petition by Service

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) After
				a petition has been filed under Section
				93005(a) or (b),
				if no agreement for a consent election is entered into and if it appears to
				SMCS that there is reasonable cause to believe that a question of
				representation exists, that the policies of the act will be effectuated, and
				that an election will reflect the free choice of the employees in the
				appropriate unit, the Director shall serve upon the petitioner, the district,
				any known individuals or labor organizations purporting to act as the
				representative of any employees directly affected by such investigation and any
				other parties a notice of hearing before a hearing officer at a time and place
				fixed therein, which notice shall be given at least 10 days in advance of the
				date specified for the hearing. Any such notice of hearing may be amended or
				withdrawn by the Director at any time prior to the commencement of the hearing
				and by the hearing officer after commencement and prior to the close of the
				hearing. When more than one petition has been filed involving all or part of
				the same group of employees, or otherwise raising common issues, SMCS may, on
				the motion of any of the parties, or on its own motion, order that said
				petitions be consolidated for the purpose of hearing and decision.
(b) After a petition has been filed under
				Section 93005(c), the
				Director shall conduct an investigation and, as appropriate, may issue a
				decision without a hearing; or prepare and serve on the petitioner, the
				district, any known individuals or labor organizations purporting to act as
				representatives of any employees directly affected by such an investigation and
				any other parties, a notice of hearing before a hearing officer at a time and
				place fixed or take other appropriate action. Any such notice of hearing may be
				amended or withdrawn by the Director at any time prior to the commencement of
				the hearing and by the hearing officer after commencement and prior to the
				close of the hearing.
(c) If after
				investigation of the petition it appears to the Director that there is no
				reasonable cause to believe that there exists a question whether a labor
				organization represents a majority of employees of the district in an
				appropriate unit, or if the Director determines that the petition has not been
				filed in accordance with these regulations, the Director shall have the power
				to dismiss the petition without a hearing or approve the withdrawal of the
				petition.
(d) Any determination
				made by the Director pursuant to this Section may be appealed to the Board
				itself in accordance with Sections
				32350 through
				32380 or, if applicable, in
				accordance with and subject to the limitations provided in Section
				32200.
Note: Authority cited: Sections
					 3541.3(g)
					 and
					 3603,
					 Government Code; and Sections 30751, 40122, 70122, 90300, 98162.5, 100301,
					 101344, 102403, 103401, 120505 and 125521, Appendix 1, Section 4.4 and Appendix
					 2, Section 13.91, Public Utilities Code. Reference: Sections 4.4, 13.91,
					 25052,
					 28851,
					 30751,
					 40122,
					 50121,
					 70122,
					 90300,
					 95651,
					 98162.5,
					 100301,
					 101344,
					 102403,
					 103401,
					 120505
					 and
					 125521,
					 Public Utilities Code. Additional reference: Labor Management Relations Act,
					 1947, Secion 9; 29 USC
					 Section 159; and
					 29 CFR Sections
					 102.60-102.72.
Note: Authority cited: Sections
					 3541.3(g)
					 and
					 3603,
					 Government Code; and Sections
					 30751,
					 40122,
					 70122,
					 90300,
					 98162.5,
					 100301,
					 101344,
					 102403,
					 103401,
					 120505 and
					 125521, Appendix 1, Section
					 4.4 and Appendix 2, Section
					 13.91,
					 Public Utilities Code. Reference: Sections
					 4.4,
					 13.91,
					 25052,
					 28851,
					 30751,
					 40122,
					 50121,
					 70122,
					 90300,
					 95651,
					 98162.5,
					 100301,
					 101344,
					 102403,
					 103401,
					 120505
					 and
					 125521,
					 Public Utilities Code. Additional reference: Labor Management Relations Act,
					 1947, Secion 9; 29 USC
					 Section 159; and
					 29 CFR Sections
					 102.60-102.72.