reglab/statecodes huggingface dataset:
California Code of Regulations › Title 8 - Industrial Relations › Division 3 - Public Employment Relations Board › Chapter 2 - Educational Employment Relations Act › Subchapter 1 - Representation Proceedings › Article 2 - Request for Recognition and Intervention › Section 33100 - Amendment of Request or Intervention; Posting Amendments

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A request for recognition or intervention
					 may be amended to correct technical errors or to delete job classifications or
					 positions from the proposed unit at any time prior to the issuance of a PERB
					 notice of representation hearing or, where no hearing has been held, issuance
					 of a Directed Election Order or approval of a Consent Election Agreement. The
					 amendment shall be filed with the employer and copies concurrently served on
					 the parties and the regional office. Proof of service pursuant to Section
					 32140 is required. No posting shall
					 be required.
(b) A request for
					 recognition or intervention may be amended to add job classifications or
					 positions to a proposed unit, subject to the following:
(1) Except as provided in Section
					 33700(c), an
					 amendment to add job classifications or positions to a proposed unit may be
					 filed at any time prior to the issuance of a PERB notice of representation
					 hearing, or, where no hearing has been held, issuance of a Directed Election
					 Order or approval of a Consent Election Agreement.
(2) The amendment shall be filed with the
					 employer. The employee organization shall concurrently serve a copy of the
					 amendment on the parties and the regional office. Proof of service pursuant to
					 Section 32140 is required. Additional proof
					 of support, if needed to maintain standing as a requester or intervenor, shall
					 be concurrently filed with the regional office.
(3) The employer shall post a notice of the
					 amended request or intervention as soon as possible but in no event later than
					 10 days following receipt of the amendment. The notice shall conform to the
					 requirements for posting an original request for recognition or intervention
					 and shall remain posted for 15 workdays, during which time interventions may be
					 filed on an amended request for recognition.
(4) An employer response to the amended
					 request or intervention shall be filed with the regional office within 15 days
					 following the service of the Board's determination of adequacy of proof of
					 support, unless otherwise directed by the Board. The response shall conform to
					 the requirements for employer decisions as set forth in Section
					 33190.
California Code of Regulations › Title 8 - Industrial Relations › Division 3 - Public Employment Relations Board › Chapter 2 - Educational Employment Relations Act › Subchapter 1 - Representation Proceedings › Article 3 - Petition for Representation Election [Repealed] › Section 33110 - Petition for Representation Election. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1.
						Amendment filed 6-18-80; effective thirtieth day thereafter (Register 80, No.
						25).
2. Amendment filed 9-20-82; effective upon filing pursuant to
						Government Code Section
						11346.2(d)
						(Register 82, No. 39).
3. Repealer of article 3 (sections
						33110-33180) and repealer of
						section 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.
4. Certificate of Compliance as to 2-2-2004 order transmitted
						to OAL 5-4-2004 and filed 6-8-2004 (Register 2004, No.
						24).
Note: Authority cited: Section
						  3541.3(g),
						  Government Code. Reference: Sections
						  3541.3(l)
						  and
						  3544.3,
						  Government Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 3 - Public Employment Relations Board › Chapter 2 - Educational Employment Relations Act › Subchapter 1 - Representation Proceedings › Article 3 - Petition for Representation Election [Repealed] › Section 33120 - Posting Notice of Petition for Representation Election. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1.
						Amendment filed 6-18-80; effective thirtieth day thereafter (Register 80, No.
						25).
2. Amendment filed 9-20-82; effective upon filing pursuant to
						Government Code Section
						11346.2(d)
						(Register 82, No. 39).
3. Repealer 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.
4. Certificate of Compliance
						as to 2-2-2004 order transmitted to OAL 5-4-2004 and filed 6-8-2004 (Register
						2004, No. 24).
Note: Authority cited: Section
						  3541.3(g),
						  Government Code. Reference: Sections
						  3541.3(l)
						  and
						  3544.3,
						  Government Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 3 - Public Employment Relations Board › Chapter 2 - Educational Employment Relations Act › Subchapter 1 - Representation Proceedings › Article 3 - Petition for Representation Election [Repealed] › Section 33130 - Intervening Organization. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1.
						Amendment filed 6-18-80; effective thirtieth day thereafter (Register 80, No.
						25).
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 (c) filed 3-22-95 pursuant to section
						100, title 1, California Code of
						Regulations (Register 95, No. 12).
3. Repealer 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.
4. Certificate of
						Compliance as to 2-2-2004 order transmitted to OAL 5-4-2004 and filed 6-8-2004
						(Register 2004, No. 24).
Note: Authority cited: Section
						  3541.3(g),
						  Government Code. Reference: Sections
						  3541.3(l),
						  3544.1(b)
						  and
						  3544.3,
						  Government Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 3 - Public Employment Relations Board › Chapter 2 - Educational Employment Relations Act › Subchapter 1 - Representation Proceedings › Article 3 - Petition for Representation Election [Repealed] › Section 33150 - Posting Notice of Intervention. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1.
						Amendment filed 6-18-80; effective thirtieth day thereafter (Register 80, No.
						25).
2. Amendment filed 9-20-82; effective upon filing pursuant to
						Government Code Section
						11346.2(d)
						(Register 82, No. 39).
3. Repealer 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.
4. Certificate of Compliance
						as to 2-2-2004 order transmitted to OAL 5-4-2004 and filed 6-8-2004 (Register
						2004, No. 24).
Note: Authority cited: Section
						  3541.3(g),
						  Government Code. Reference: Sections
						  3541.3(l),
						  3544.1(b)
						  and
						  3544.3,
						  Government Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 3 - Public Employment Relations Board › Chapter 2 - Educational Employment Relations Act › Subchapter 1 - Representation Proceedings › Article 3 - Petition for Representation Election [Repealed] › Section 33160 - Board Determination Regarding Proof of Support-Intervention. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1.
						Amendment filed 6-18-80; effective thirtieth day thereafter (Register 80, No.
						25).
2. Amendment filed 9-20-82; effective upon filing pursuant to
						Government Code Section
						11346.2(d)
						(Register 82, No. 39).
3. Repealer 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.
4. Certificate of Compliance
						as to 2-2-2004 order transmitted to OAL 5-4-2004 and filed 6-8-2004 (Register
						2004, No. 24).
Note: Authority cited: Section
						  3541.3(g),
						  Government Code. Reference: Sections
						  3541.3(l),
						  3544.1(b)
						  and
						  3544.3,
						  Government Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 3 - Public Employment Relations Board › Chapter 2 - Educational Employment Relations Act › Subchapter 1 - Representation Proceedings › Article 3 - Petition for Representation Election [Repealed] › Section 33170 - Withdrawal of Petition or Intervention. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1.
						Amendment filed 6-18-80; effective thirtieth day thereafter (Register 80, No.
						25).
2. Amendment filed 9-20-82; effective upon filing pursuant to
						Government Code Section
						11346.2(d)
						(Register 82, No. 39).
3. Repealer 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.
4. Certificate of Compliance
						as to 2-2-2004 order transmitted to OAL 5-4-2004 and filed 6-8-2004 (Register
						2004, No. 24).
Note: Authority cited: Section
						  3541.3(g),
						  Government Code. Reference: Sections
						  3541.3(l),
						  3544.1(b)
						  and
						  3544.3,
						  Government Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 3 - Public Employment Relations Board › Chapter 2 - Educational Employment Relations Act › Subchapter 1 - Representation Proceedings › Article 3 - Petition for Representation Election [Repealed] › Section 33180 - Amendment of Petition or Intervention; Posting Amendment. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1.
						Amendment filed 6-18-80; effective thirtieth day thereafter (Register 80, No.
						25).
2. Editorial correction of NOTE filed 9-20-82; effective upon
						filing pursuant to Government Code Section
						11346.2(d)
						(Register 82, No. 39).
3. Repealer 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.
4. Certificate of Compliance
						as to 2-2-2004 order transmitted to OAL 5-4-2004 and filed 6-8-2004 (Register
						2004, No. 24).
Note: Authority cited: Section
						  3541.3(g),
						  Government Code. Reference: Sections
						  3541.3(l),
						  3544.1(b)
						  and
						  3544.3,
						  Government Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 3 - Public Employment Relations Board › Chapter 2 - Educational Employment Relations Act › Subchapter 1 - Representation Proceedings › Article 4 - Employer Decision; Request for Board Investigation › Section 33190 - Employer Decision Regarding Request for Recognition and Intervention

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Unless
					 otherwise directed by the Board, within 15 days following service of the
					 Board's determination regarding the adequacy of proof of support, the employer
					 shall file a decision with the regional office.
(b) Service and proof of service of the
					 employer decision pursuant to section
					 32140 are required.
(c) The employer shall use "Format A" if it
					 has granted recognition pursuant to Government Code sections
					 3544 and
					 3544.1. As
					 soon as possible, but in no event later than 10 days from its issuance, the
					 employer shall post a copy of the employer decision conspicuously on all
					 employee bulletin boards in each facility of the employer in which members of
					 the unit affected are employed. The decision shall remain posted for at least
					 15 workdays.
Format A: RECOGNITION
(1) The (name) School District has recognized
					 (organization) as the exclusive representative for an appropriate unit of
					 employees described below for purposes of meeting and negotiating with the
					 district;
(2) No intervention has
					 been filed during the posting period;
(3) The name, address, county and telephone
					 number of the employer;
(4) The
					 name, address and telephone number of the employee organization;
(5) A description of the grouping of jobs or
					 positions which constitute the appropriate unit;
(6) The number of employees in the unit
					 recognized;
(7) The date of
					 recognition.
California Code of Regulations › Title 8 - Industrial Relations › Division 3 - Public Employment Relations Board › Chapter 2 - Educational Employment Relations Act › Subchapter 1 - Representation Proceedings › Article 4 - Employer Decision; Request for Board Investigation › Section 33200 - Employer Decision Re Employee Petition for Representation Election and Intervention. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1.
						Amendment filed 6-18-80; effective thirtieth day thereafter (Register 80, No.
						25). For prior history, see Registers 78, No. 3; and 78, No. 20.
2.
						Amendment filed 9-20-82; effective upon filing pursuant to Government Code
						Section
						11346.2(d)
						(Register 82, No. 39).
3. Amendment filed 10-10-85; effective
						thirtieth day thereafter (Register 85, No. 41).
4. Change without
						regulatory effect amending subsection (c) filed 8-7-95 pursuant to section
						100, title 1, California Code of
						Regulations (Register 95, No. 32).
5. Repealer 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.
6. Certificate of
						Compliance as to 2-2-2004 order transmitted to OAL 5-4-2004 and filed 6-8-2004
						(Register 2004, No. 24).
Note: Authority cited: Section
						  3541.3(g),
						  Government Code. Reference: Sections
						  3541.3(l)
						  and
						  3544.3,
						  Government Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 3 - Public Employment Relations Board › Chapter 2 - Educational Employment Relations Act › Subchapter 1 - Representation Proceedings › Article 4 - Employer Decision; Request for Board Investigation › Section 33220 - Employer Petition for Board Investigation. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1.
						Amendment filed 6-18-80; effective thirtieth day thereafter (Register 80, No.
						25).
2. Editorial correction of NOTE filed 9-20-82; effective upon
						filing pursuant to Government Code Section
						11346.2(d)
						(Register 82, No. 39).
3. Repealer 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.
4. Certificate of Compliance
						as to 2-2-2004 order transmitted to OAL 5-4-2004 and filed 6-8-2004 (Register
						2004, No. 24).
Note: Authority cited: Section
						  3541.3(g),
						  Government Code. Reference: Sections
						  3541.3(a),
						  (l) and
						  3544.5(a),
						  Government Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 3 - Public Employment Relations Board › Chapter 2 - Educational Employment Relations Act › Subchapter 1 - Representation Proceedings › Article 4 - Employer Decision; Request for Board Investigation › Section 33230 - Employee Organization Petition for Board Investigation

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Not later than 90 days following the date
					 an employer decision is filed or required to be filed with the regional office,
					 whichever occurs first, an employee organization may file a petition pursuant
					 to Government Code Section
					 3544.5(b) or
					 (c) requesting the Board to investigate and
					 decide whether employees have selected or wish to select an exclusive
					 representative or to determine the appropriateness of a unit. The petition
					 shall allege one of the following grounds:
(1)
					 The employer has filed a decision not to recognize the employee organization,
					 but did not request a Board investigation; or
(2) The employer has failed to file an
					 employer decision in response to a request for recognition or an intervention
					 pursuant to Section
					 33190; or
(3) The employer has wrongfully denied a
					 request for recognition or intervention.
California Code of Regulations › Title 8 - Industrial Relations › Division 3 - Public Employment Relations Board › Chapter 2 - Educational Employment Relations Act › Subchapter 1 - Representation Proceedings › Article 4 - Employer Decision; Request for Board Investigation › Section 33235 - Failure to File Petition for Board Investigation

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
If no petition for Board investigation is timely filed
						pursuant to section
						33190 or
						33230, the request for recognition
						shall be deemed invalid and shall not bar a subsequent request for
						recognition.
1. New
						section filed 11-9-78; effective thirtieth day thereafter (Register 78, No.
						45).
2. Editorial correction of NOTE filed 9-20-82; effective upon
						filing pursuant to Government Code section
						11346.2(d)
						(Register 82, No. 39).
3. Amendment of section and NOTE filed
						6-3-94; operative 7-5-94 (Register 94, No. 22).
4. Amendment 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.
5. Certificate of Compliance as to 2-2-2004 order transmitted
						to OAL 5-4-2004 and filed 6-8-2004 (Register 2004, No.
						24).
Note: Authority cited: Sections
						  3513(h),
						  3541.3(g)
						  and
						  3563(f),
						  Government Code. Reference: Sections
						  3541.3(l),
						  3544 and
						  3544.3,
						  Government Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 3 - Public Employment Relations Board › Chapter 2 - Educational Employment Relations Act › Subchapter 1 - Representation Proceedings › Article 4 - Employer Decision; Request for Board Investigation › Section 33237 - Board Investigation

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Whenever a petition regarding a
					 representation matter 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.
(b) A petition shall be
					 dismissed in part or in whole whenever the Board determines that:
(1) The petitioner has no standing to
					 petition for the action requested; or
(2) The conditions of Government Code Section
					 3544.1(c) or
					 (d) or
					 3544.7(b)
					 exist. A petition filed less than 120 days, but more than 90 days, prior to the
					 expiration date of a lawful written agreement negotiated by the public school
					 employer and another employee organization must actually be received in the
					 manner set out in Section
					 32135 during the "window period" as
					 defined by Section
					 33020; or
(3) A valid 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.
California Code of Regulations › Title 8 - Industrial Relations › Division 3 - Public Employment Relations Board › Chapter 2 - Educational Employment Relations Act › Subchapter 1 - Representation Proceedings › Article 5 - Representation Hearings › Section 33280 - Withdrawal of a Petition

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Any petition requesting action to resolve a
						representation dispute may be withdrawn by the petitioner in writing at any
						time prior to a final decision by the Board pursuant to a voluntary agreement
						among the parties.
1.
						Repealer of Article 5 (Sections
						33240-33250, not consecutive) and
						renumbering of Article 7 (Sections
						33280-33450, not consecutive) to
						Article 5 (Sections
						33280-33450, not consecutive) filed
						9-20-82; effective upon filing pursuant to Government Code Section
						11346.2(d)
						(Register 82, No. 39). For prior history, see Registers 80, No. 25; 78, No 42;
						and 78, No. 27.
Note: Authority cited: Section
						  3541.3(g),
						  Government Code. Reference: Sections
						  3541.3(l),
						  3544 and
						  3544.7(a),
						  Government Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 3 - Public Employment Relations Board › Chapter 2 - Educational Employment Relations Act › Subchapter 1 - Representation Proceedings › Article 5 - Representation Hearings › Section 33290 - Informal Conference

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A Board agent may conduct an informal
					 conference to clarify the issues and explore settlement of the case. No record
					 shall be made at such a conference.
(b) A Board agent shall give reasonable
					 notice of such conference to each party directed to attend.
1.
						Amendment filed 9-20-82; effective upon filing pursuant to Government Code
						Section
						11346.2(d)
						(Register 82, No. 39).
2. Amendment filed 10-10-85; effective
						thirtieth day thereafter (Register 85, No. 41).
Note: Authority cited: Section
						  3541.3(g),
						  Government Code. Reference: Sections
						  3541.3(h),
						  (l),
						  3544 and
						  3544.7(a),
						  Government Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 3 - Public Employment Relations Board › Chapter 2 - Educational Employment Relations Act › Subchapter 1 - Representation Proceedings › Article 5 - Representation Hearings › Section 33300 - Notice of Hearing

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
If the Board determines that a hearing is necessary, the
						Board shall serve a notice of hearing on each party. The notice shall state the
						date, time and place of the hearing.
1.
						Amendment filed 9-20-82; effective upon filing pursuant to Government Code
						Section
						11346.2(d)
						(Register 82, No. 39).
Note: Authority cited: Section
						  3541.3(g),
						  Government Code. Reference: Sections
						  3541.3(h),
						  (l),
						  3544 and
						  3544.7(a),
						  Government Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 3 - Public Employment Relations Board › Chapter 2 - Educational Employment Relations Act › Subchapter 1 - Representation Proceedings › Article 5 - Representation Hearings › Section 33310 - Posting Notice of Hearing

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
As soon as possible but in no event later than 10 days
						following issuance of the notice of hearing, the employer shall post a copy of
						the notice conspicuously on all employee bulletin boards in each facility of
						the employer in which members of the unit described in the notice are employed.
						The notice shall remain posted through the date set for the
						hearing.
1.
						Amendment filed 6-18-80; effective thirtieth day thereafter (Register 80, No.
						25).
2. Editorial correction of NOTE filed 9-20-82; effective upon
						filing pursuant to Government Code Section
						11346.2
						(Register 82, No. 39).
Note: Authority cited: Section
						  3541.3(g),
						  Government Code. Reference: Sections
						  3541.3(h),
						  (l),
						  3544 and
						  3544.7(a),
						  Government Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 3 - Public Employment Relations Board › Chapter 2 - Educational Employment Relations Act › Subchapter 1 - Representation Proceedings › Article 5 - Representation Hearings › Section 33330 - Conduct of Hearing

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Hearings shall be conducted pursuant to procedures set
						forth in Chapter 1, Subchapter 3 (commencing with Section
						32165) of these
						regulations.
1.
						Repealer and new section filed 7-6-78 as an emergency; effective upon filing
						(Register 78, No. 27).
2. Certificate of Compliance filed 10-19-78
						(Register 78, No. 42).
3. Amendment filed 6-18-80; effective
						thirtieth day thereafter (Register 80, No. 25).
4. Editorial
						correction of NOTE filed 9-20-82; effective upon filing pursuant to Government
						Code Section
						11346.2(d)
						(Register 82, No. 39).
5. Change without regulatory effect amending
						section filed 3-22-95 pursuant to section
						100, title 1, California Code of
						Regulations (Register 95, No. 12).
Note: Authority cited: Sections
						  3541.3(g),
						  Government Code. Reference: Sections
						  3541.3(h),
						  (l),
						  3544 and
						  3544.7(a),
						  Government Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 3 - Public Employment Relations Board › Chapter 2 - Educational Employment Relations Act › Subchapter 1 - Representation Proceedings › Article 5 - Representation Hearings › Section 33430 - Withdrawal of a Petition

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Any petition requesting action to resolve a
						representation dispute may be withdrawn by the petitioner in writing at any
						time prior to a final decision by the Board pursuant to a voluntary agreement
						among the parties. Service and proof of service of the withdrawal pursuant to
						Section 32140 are required. The employer
						shall post a copy of the withdrawal on all employee bulletin boards in each
						facility of the employer in which members of the unit described are
						employed.
1. New
						section filed 9-20-82; effective upon filing pursuant to Government Code
						Section
						11346.2(d)
						(Register 82, No. 39). For history of former section, see Registers 78, No. 27
						and 78, No. 11.
Note: Authority cited: Section
						  3541.3(g),
						  Government Code. Reference: Sections
						  3541.3(l),
						  3544 and
						  3544.7(a),
						  Government Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 3 - Public Employment Relations Board › Chapter 2 - Educational Employment Relations Act › Subchapter 1 - Representation Proceedings › Article 5 - Representation Hearings › Section 33440 - Notice of Decision

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
When the Board itself issues a decision or when a hearing
						officer decision becomes final, the Board shall serve the decision and a notice
						of decision on the parties.
1.
						Amendment of subsection (e) filed 12-31-79 as an emergency; effective upon
						filing (Register 80, No. 1). A Certificate of Compliance must be filed within
						120 days or emergency language will be repealed on 4-30-80.
2.
						Repealed by operation of Section
						11422.1(c),
						Government Code (Register 80, No. 21).
3. Amendment of subsection
						(e) filed 5-21-80 as an emergency; effective upon filing (Register 80, No. 21).
						A Certificate of Compliance must be filed within 120 days or emergency language
						will be repealed on 9-19-80.
4. Certificate of Compliance filed
						6-18-80 (Register 80, No. 25).
5. Amendment filed 6-18-80; effective
						thirtieth day thereafter (Register 80, No. 25).
6. Amendment filed
						9-20-82; effective upon filing pursuant to Government Code Section
						11346.2(d)
						(Register 82, No. 39).
Note: Authority cited: Section
						  3541.3(g),
						  Government Code. Reference: Sections
						  3541.3(h),
						  (l),
						  3544 and
						  3544.7(a),
						  Government Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 3 - Public Employment Relations Board › Chapter 2 - Educational Employment Relations Act › Subchapter 1 - Representation Proceedings › Article 5 - Representation Hearings › Section 33450 - Posting Notice of Decision

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
As soon as possible but in no event later than 10 days
						following issuance of the notice of decision, the employer shall post a copy of
						the notice of decision conspicuously on all employee boards in each facility of
						the employer in which members of the unit described in the decision are
						employed. The notice of decision shall remain posted for a minimum of 15
						workdays.
1.
						Amendment filed 6-18-80; effective thirtieth day thereafter (Register 80, No.
						25).
2. Amendment of NOTE filed 9-20-82; effective upon filing
						pursuant to Government Code Section
						11346.2(d)
						(Register 82, No. 39).
Note: Authority cited: Section
						  3541.3(g),
						  Government Code. Reference: Sections
						  3541.3(h), (l
						  ),
						  3544 and
						  3544.7(a),
						  Government Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 3 - Public Employment Relations Board › Chapter 2 - Educational Employment Relations Act › Subchapter 1 - Representation Proceedings › Article 6 - Representation Elections › Section 33460 - Elections in Consent Units

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
At any time prior to a final decision of the Board
						regarding an appropriate unit, the parties may mutually agree upon an
						appropriate unit and request the Board to conduct a consent election. The
						conduct of any election in a consent unit should not be interpreted to mean
						that the Board would find the unit in question to be an appropriate unit in a
						disputed case.
1.
						Amendment filed 12-31-79 as an emergency; effective upon filing (Register 80,
						No. 1). A Certificate of Compliance must be filed within 120 days or emergency
						language will be repealed on 4-30-80.
2. Repealed by operation of
						Section
						11422.1(c),
						Government Code (Register 80, No. 21).
3. Amendment filed 5-21-80 as
						an emergency; effective upon filing (Register 80, No. 21). A Certificate of
						Compliance must be filed within 120 days or emergency language will be repealed
						on 9-19-80.
4. Certificate of Compliance filed 6-18-80 (Register 80,
						No. 25).
5. Amendment filed 6-18-80; effective thirtieth day
						thereafter (Register 80, No. 25).
6. Repealer of Article 6 (Sections
						33260-33265, not consecutive) and
						renumbering and amendment of Article 8 (Sections
						33460-33490, not consecutive) to
						Article 6 (Sections
						33460-33490, not consecutive) filed
						9-20-82; effective upon filing pursuant to Government Code Section
						11346.2(d)
						(Register 82, No. 39). For prior history, see Registers 79, No. 38; 79, No. 24;
						and 79, No. 3.
Note: Authority cited: Section
						  3541.3(g),
						  Government Code. Reference: Sections
						  3541.3(a), (c),
						  (l),
						  3544.1 and
						  3544.3,
						  Government Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 3 - Public Employment Relations Board › Chapter 2 - Educational Employment Relations Act › Subchapter 1 - Representation Proceedings › Article 6 - Representation Elections › Section 33470 - Eligibility to Appear on Ballot

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Any employee organization which filed a
					 valid request for recognition or intervention or which became a party to a
					 representation case may appear on the election ballot, provided that the
					 organization has evidenced to the satisfaction of the Board at least 30 percent
					 support in the appropriate unit. If an election is directed by a PERB decision,
					 each eligible employee organization shall have 15 workdays from the date of
					 service of the decision in which to demonstrate at least 30 percent support in
					 the unit found to be appropriate by the Board.
(b) The Board shall determine the sufficiency
					 of the proof of support in accordance with the provisions of Section
					 33085 of these
					 regulations.
1.
						Certificate of Compliance filed 6-18-80 (Register 80, No. 25).
2.
						Amendment filed 6-18-80; effective thirtieth day thereafter (Register 80, No.
						25). For prior history, see Registers 80, No. 1; 80, No. 21.
3.
						Amendment filed 9-20-82; effective upon filing pursuant to Government Code
						Section
						11346.2(d)
						(Register 82, No. 39).
4. Amendment of subsection (a) filed
						10-10-85; effective thirtieth day thereafter (Register 85, No.
						41).
Note: Authority cited: Section
						  3541.3(g),
						  Government Code. Reference: Sections
						  3541.3(c),
						  (l),
						  3544.1,
						  3544.3 and
						  3544.7,
						  Government Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 3 - Public Employment Relations Board › Chapter 2 - Educational Employment Relations Act › Subchapter 1 - Representation Proceedings › Article 6 - Representation Elections › Section 33480 - Recognition

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
If only one employee organization qualifies to appear on
						the ballot and the organization has demonstrated proof of majority support in
						the appropriate unit, the Board shall cancel the election, and certify the
						organization as the exclusive representative unless the employer has granted
						recognition.
1.
						Amendment filed 12-31-79 as an emergency; effective upon filing (Register 80,
						No. 1). A Certificate of Compliance must be filed within 120 days or emergency
						language will be repealed on 4-30-80.
2. Repealed by operation of
						Section
						11422.1(c),
						Government Code (Register 80, No. 21).
3. Amendment filed 5-21-80 as
						an emergency; effective upon filing (Register 80, No. 21). A Certificate of
						Compliance must be filed within 120 days or emergency language will be repealed
						on 9-19-80.
4. Certificate of Compliance filed 6-18-80 (Register 80,
						No. 25).
5. Amendment filed 9-20-82; effective upon filing pursuant
						to Government Code Section
						11346.2(d)
						(Register 82, No. 39).
6. Amendment of section heading and section
						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.
7. Certificate of Compliance as to 2-2-2004 order transmitted
						to OAL 5-4-2004 and filed 6-8-2004 (Register 2004, No. 24).
8.
						Amendment filed 11-29-2007; operative 12-29-2007 (Register 2007, No.
						48).
Note: Authority cited: Section
						  3541.3(g),
						  Government Code. Reference: Sections
						  3541.3(c),
						  (l),
						  3544,
						  3544.1,
						  3544.3 and
						  3544.7,
						  Government Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 3 - Public Employment Relations Board › Chapter 2 - Educational Employment Relations Act › Subchapter 1 - Representation Proceedings › Article 6 - Representation Elections › Section 33485 - Certification of Exclusive Representative

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
If the Board determines (1) the employee organization
						requesting recognition has demonstrated proof of support of more than 50
						percent 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 employer has not granted recognition, the Board shall
						certify the petitioner as the exclusive representative.
1. New
						section filed 11-29-2007; operative 12-29-2007 (Register 2007, No.
						48).
Note: Authority cited: Section
						  3541.3(g),
						  Government Code. Reference: Sections
						  3541.3(c),
						  3541.3(l),
						  3544,
						  3544.1,
						  3544.3 and
						  3544.7,
						  Government Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 3 - Public Employment Relations Board › Chapter 2 - Educational Employment Relations Act › Subchapter 1 - Representation Proceedings › Article 6 - Representation Elections › Section 33490 - Conduct of Elections

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
All elections shall be conducted by the Board in
						accordance with election procedures described in Chapter 1, Subchapter 6,
						Article 2 of these Regulations.
1.
						Amendment filed 12-31-79 as an emergency; effective upon filing (Register 80,
						No. 1). A Certificate of Compliance must be filed within 120 days or emergency
						language will be repealed on 4-30-80.
2. Repealed by operation of
						Section
						11422.1(c),
						Government Code (Register 80, No. 21).
3. Amendment filed 5-21-80 as
						an emergency; effective upon filing (Register 80, No. 21). A Certificate of
						Compliance must be filed within 120 days or emergency language will be repealed
						on 9-19-80.
4. Certificate of Compliance filed 6-18-80 (Register 80,
						No. 25).
5. Editorial correction of NOTE filed 9-20-82; effective
						upon filing pursuant to Government Code Section
						11346.2(d)
						(Register 82, No. 39).
6. Change without regulatory effect amending
						section filed 3-22-95 pursuant to section
						100, title 1, California Code of
						Regulations (Register 95, No. 12).
Note: Authority cited: Section
						  3541.3(g),
						  Government Code. Reference: Sections
						  3541.3(c), (l
						  ),
						  3544.1,
						  3544.3 and
						  3544.7,
						  Government Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 3 - Public Employment Relations Board › Chapter 2 - Educational Employment Relations Act › Subchapter 1 - Representation Proceedings › Article 7 - Severance Request › Section 33700 - Severance Request

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) An
					 employee organization may file a request to become the exclusive representative
					 of an appropriate unit consisting of a group of employees who are already
					 members of a larger established unit represented by an incumbent exclusive
					 representative by filing a request for recognition in accordance with the
					 provisions of Article 2 (commencing with Section
					 33050). All provisions of Articles
					 2 and 3 of this Subchapter shall be applicable to a severance request except as
					 provided in this Article 6.
(b)
					 Whenever the conditions of Government Code Section
					 3544.1(c)
					 exist, a severance request for recognition or intervention must be filed in
					 accordance with Section
					 32135 with the employer during the
					 "window period" as defined by Section
					 33020.
(c) Any amendment to a request for
					 recognition or intervention to add classifications or positions which are
					 included in an established unit must be filed in the manner set out in Section
					 32135 during the "window period"
					 defined by Section
					 33020.
1. New
						Article 9 (Sections
						33700 and
						33710) filed 6-18-80; effective
						thirtieth day thereafter (Register 80, No. 25).
2. Renumbering and
						amendment of Article 7 (Sections
						33280-33450, not consecutive) to
						Article 5 and renumbering and amendment of Article 9 (Sections
						33700 and
						33710) to Article 7 (Sections
						33700 and
						33710) 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. Amendment of first paragraph
						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.
5. Certificate of Compliance as to 2-2-2004 order transmitted
						to OAL 5-4-2004 and filed 6-8-2004 (Register 2004, No.
						24).
Note: Authority cited: Section
						  3541.3(g),
						  Government Code. Reference: Sections
						  3541.3(a), (l
						  ),
						  3544 and
						  3544.1(b),
						  Government Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 3 - Public Employment Relations Board › Chapter 2 - Educational Employment Relations Act › Subchapter 1 - Representation Proceedings › Article 7 - Severance Request › Section 33710 - Response to Severance Request

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The employer and the exclusive
					 representative of the established unit may file a responding statement
					 supporting or opposing the severance request. Such response shall be filed with
					 the regional office within 20 days following the date of service of the
					 severance request. Service and proof of service of the response pursuant to
					 section 32140 are required.
(b) The response shall be in writing, signed
					 by an authorized agent of the responding party and contain the following
					 information:
(1) A copy of the severance
					 request;
(2) The name, address and
					 telephone number of the respondent, and the name, address and telephone number
					 of the respondent agent to be contacted;
(3) A statement confirming or refuting the
					 information contained in the severance request regarding the date the incumbent
					 exclusive representative was recognized or certified, and the effective date
					 and the expiration date of any current agreement covering employees in the
					 established unit:
(4) A concise
					 statement setting forth support of or opposition to the unit proposed by the
					 request.
California Code of Regulations › Title 8 - Industrial Relations › Division 3 - Public Employment Relations Board › Chapter 2 - Educational Employment Relations Act › Subchapter 2 - Organizational Security Arrangements [Repealed] › Section 34000 - Employer Request. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Amendment
					 filed 6-18-80; effective thirtieth day thereafter (Register 80, No. 25). For
					 prior history, see Registers 76, No. 13 and 76, No. 31.
2. Repealer
					 of chapter 2 (section
					 32900) and renumbering and
					 amendment of chapter 4 (articles 1-2, sections
					 34000-34040, not consecutive) to
					 chapter 2 (articles 1-2, sections
					 34000-34040, not consecutive) filed
					 9-20-82; effective upon filing pursuant to Government Code section
					 11346.2(d)
					 (Register 82, No. 39). For prior history, see Registers 78, No. 42; 78, No. 27;
					 and 78, No. 11.
3. Amendment filed 10-10-85; effective thirtieth day
					 thereafter (Register 85, No. 41).
4. Amendment of subsection (a) and
					 NOTE and new subsection (c) filed 6-3-94; operative 7-5-94 (Register 94, No.
					 22).
5. Repealer of former article 1 (sections
					 34000-34010), repealer of section
					 and amendment of NOTE filed 1-3-2001 as an emergency; operative 1-1-2001
					 (Register 2001, No. 1). A Certificate of Compliance must be transmitted to OAL
					 by 5-1-2001 or emergency language will be repealed by operation of law on the
					 following day.
6. Certificate of Compliance as to 1-3-2001 order
					 transmitted to OAL 4-30-2001 and filed 6-13-2001 (Register 2001, No.
					 24).
7. Change without regulatory effect repealing subchapter 2
					 (sections 34000-34065) filed 7-31-2019
					 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2019, No. 31).
Note: Authority cited: Section
						3541.3(g),
						Government Code. Reference: Section
						3546,
						Government Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 3 - Public Employment Relations Board › Chapter 2 - Educational Employment Relations Act › Subchapter 2 - Organizational Security Arrangements [Repealed] › Section 34010 - Employee Vote. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Amendment
					 of subsection (b) filed 7-10-78 as an emergency; effective upon filing
					 (Register 78, No. 28).
2. Reinstatement of subsection (b) as it
					 existed prior to emergency amendment filed 7-10-78, by operation of Section
					 11422.1(b),
					 Government Code (Register 79, No. 33).
3. Amendment filed 1-15-80 as
					 an emergency; effective upon filing (Register 80, No. 3). A Certificate of
					 Compliance must be filed within 120 days or emergency language will be repealed
					 on 5-15-80.
4. Certificate of Compliance transmitted to OAH 5-15-80
					 and filed 5-21-80 (Register 80, No. 21).
5. Amendment filed 6-18-80;
					 effective thirtieth day thereafter (Register 80, No. 25).
6.
					 Amendment filed 9-20-82; effective upon filing pursuant to Government Code
					 Section
					 11346.2(d)
					 (Register 82, No. 39).
7. Repealer filed 1-3-2001 as an emergency;
					 operative 1-1-2001 (Register 2001, No. 1). A Certificate of Compliance must be
					 transmitted to OAL by 5-1-2001 or emergency language will be repealed by
					 operation of law on the following day.
8. Certificate of Compliance
					 as to 1-3-2001 order transmitted to OAL 4-30-2001 and filed 6-13-2001 (Register
					 2001, No. 24).
Note: Authority cited: Section
						3541.3(g),
						Government Code. Reference: Section
						3546(a),
						Government Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 3 - Public Employment Relations Board › Chapter 2 - Educational Employment Relations Act › Subchapter 2 - Organizational Security Arrangements [Repealed] › Article 1 - Rescission of Organizational Security Arrangement [Repealed] › Section 34020 - Employee Petition. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1.
						Amendment filed 6-18-80; effective thirtieth day thereafter (Register 80, No.
						25).
2. Amendment filed 9-20-82; effective upon filing pursuant to
						Government Code Section
						11346.2(d)
						(Register 82, No. 39).
3. Amendment of subsection (c) filed
						4-12-2000; operative 5-12-2000 (Register 2000, No. 15).
4.
						Renumbering of former article 2 to new article 1 (sections
						34020-34040), amendment of
						subsections (a) and (c) and amendment of NOTE filed 1-3-2001 as an emergency;
						operative 1-1-2001 (Register 2001, No. 1). A Certificate of Compliance must be
						transmitted to OAL by 5-1-2001 or emergency language will be repealed by
						operation of law on the following day.
5. Certificate of Compliance
						as to 1-3-2001 order, including further amendment of subsection (c),
						transmitted to OAL 4-30-2001 and filed 6-13-2001 (Register 2001, No.
						24).
6. Change without regulatory effect repealing article 1
						(sections 34020-34040) and section filed
						7-31-2019 pursuant to section
						100, title 1, California Code of
						Regulations (Register 2019, No. 31).
Note: Authority cited: Section
						  3541.3(g),
						  Government Code. Reference: Section
						  3546(d),
						  Government Code.