California Code of Regulations › Title 8 - Industrial Relations › Division 3 - Public Employment Relations Board › Chapter 1 - Public Employment Relations Board › Subchapter 3 - Hearings › Section 32166 - Application to Join a Representation Hearing as a Full Party

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) An
				  employee organization shall be allowed to participate fully in a representation
				  hearing provided it has filed a written application with the regional office
				  not less than 10 days prior to the commencement of the hearing, accompanied by
				  either 10 percent support of any unit in dispute at the hearing, or 10 percent
				  support of a proposed unit which overlaps another unit in dispute at the
				  hearing. Proof of support is defined in Chapter 1, Section
				  32700. A copy of the written
				  application, excluding the proof of support, shall be served on the parties.
				  Proof of service pursuant to Section
				  32140 is required.
(b) The Board agent may waive the deadline
				  for filing an application pursuant to this Section for good cause.
1. Amendment
					 filed 6-18-80; effective thirtieth day thereafter (Register 80, No. 25). For
					 prior history see Registers 78, No. 27; 78, No. 42 and 79, No.
					 22.
2. Amendment filed 9-20-82; effective upon filing pursuant to
					 Government Code Section
					 11346.2
					 (d) (Register 82, No. 39).
3.
					 Change without regulatory effect amending subsection (a) filed 3-22-95 pursuant
					 to section 100, title 1, California Code of
					 Regulations (Register 95, No. 12).
4. Change without regulatory
					 effect amending NOTE filed 2-15-2001 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2001, No. 7).
5. Amendment of subsection (a)
					 and amendment of NOTE 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					 by 10-29-2001 or emergency language will be repealed by operation of law on the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.
6. Certificate of Compliance as to 6-11-2001 order
					 transmitted to OAL 10-18-2001 and filed 12-4-2001 (Register 2001, No.
					 49).
7. Amendment of NOTE 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					 transmitted to OAL by 6-1-2004 or emergency language will be repealed by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.
8. Certificate of Compliance
					 as to 2-2-2004 order transmitted to OAL 5-4-2004 and filed 6-8-2004 (Register
					 2004, No. 24).
9. Amendment of NOTE filed 8-30-2004 as an emergency;
					 operative 8-30-2004 (Register 2004, No. 36). A Certificate of Compliance must
					 be transmitted to OAL by 12-28-2004 or emergency language will be repealed by
					 operation of law on the following day.
10. Amendment of NOTE refiled
					 12-27-2004 as an emergency; operative 12-29-2004 (Register 2004, No. 53). A
					 Certificate of Compliance must be transmitted to OAL by 4-28-2005 or emergency
					 language will be repealed by operation of law on the following
					 day.
11. Certificate of Compliance as to 12-27-2004 order
					 transmitted to OAL 4-26-2005 and filed 5-31-2005 (Register 2005, No.
					 22).
12. Amendment of subsection (a) filed 11-29-2007; operative
					 12-29-2007 (Register 2007, No. 48).
13. Amendment of NOTE filed
					 12-6-2013 as an emergency; operative 12-6-2013 pursuant to Government Code
					 section
					 110035.5
					 (Register 2013, No. 51). This regulatory action is deemed an emergency exempt
					 from OAL review and was filed directly by the agency with the Secretary of
					 State pursuant to Government Code section
					 110035.5.
					 A Certificate of Compliance must be transmitted to OAL by 6-4-2014 or emergency
					 language will be repealed by operation of law on the following
					 day.
14. Certificate of Compliance as to 12-6-2013 order transmitted
					 to OAL 5-29-2014 and filed 7-10-2014 (Register 2014, No. 28).
15.
					 Change without regulatory effect amending NOTE filed 5-8-2018 pursuant to
					 section 100, title 1, California Code of
					 Regulations (Register 2018, No. 19).
16. Amendment of subsection (a)
					 filed 1-14-2021; operative 2-15-2021 pursuant to Government Code section
					 11343.4(b)(3)
					 (Register 2021, No. 3).
17. Amendment of NOTE filed 4-18-2023;
					 operative 7-1-2023 (Register 2023, No. 16).
Note: Authority cited: Sections
						3509(a),
						3513(h),
						3524.52(a),
						3541.3(g),
						3563(f),
						71639.1(b)
						and
						71825(b),
						Government Code; and Section
						99561(f),
						Public Utilities Code. Reference: Sections
						3509,
						3513(h),
						3524.52(a),
						3541.3(a),
						3541.3(b),
						3541.3(h),
						3541.3(l),
						3541.3(m),
						3541.3(n),
						3563(a),
						3563(c),
						3563(g),
						3563(k),
						3563(l),
						71639.1
						and
						71825,
						Government Code; and Sections
						99561(a),
						99561(c),
						99561(g),
						99561(k)
						and
						99561(l),
						Public Utilities Code.