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 33050 - Request for Recognition

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A request for recognition by an employee
					 organization seeking to become the exclusive representative of an appropriate
					 unit shall be filed with the employer. A copy of the request shall be filed
					 concurrently with the regional office. The request shall be signed by an
					 authorized agent of the employee organization and shall be on a form provided
					 by the Board.
(b) A copy of the
					 request and proof of majority support in the unit claimed to be appropriate
					 shall be filed with the regional office concurrently with the filing of the
					 request upon the employer. Proof of support is defined in Chapter 1, Section
					 32700 of these
					 Regulations.
(c) Concurrent with
					 the filing of the request, the employee organization shall concurrently serve a
					 copy of the request, excluding the proof of majority support, on the parties
					 and the regional office. Proof of service pursuant to Section
					 32140 is required.
(d) A request to become the exclusive
					 representative of a group of employees who are already members of a larger
					 established unit represented by an incumbent exclusive representative shall be
					 filed pursuant to this Article and in accordance with the provisions of Article
					 6 (commencing with Section
					 33700). A petition to become the
					 exclusive representative of all of the employees in an established unit
					 represented by an exclusive representative shall be filed pursuant to Chapter
					 1, Subchapter 6, Article 4 (commencing with Section
					 32770) of these
					 regulations.
1.
						Amendment filed 1-19-78 as an emergency; effective upon filing (Register 78,
						No. 3).
2. Certificate of Compliance filed 5-18-78 (Register 78, No.
						20).
3. Amendment of subsection (b) and new subsection (d) filed
						9-21-79; effective thirtieth day thereafter (Register 79, No.
						38).
4. Amendment of subsection (b) filed 12-31-79 as an emergency;
						effective upon filing (Register80, No. 1). A Certificate of Compliance must be
						filed within 120 days or emergency language will be repealed on
						4-30-80.
5. Repealed by operation of Section
						11422.1(c),
						Government Code (Register 80, No. 21).
6. Amendment of subsection
						(b) 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.
7. Certificate of Compliance filed
						6-18-80 (Register 80, No. 25).
8. Amendment filed 6-18-80; effective
						thirtieth day thereafter (Register 80, No. 25).
9. Amendment filed
						9-20-82; effective upon filing pursuant to Government Code Section
						11346.2(d)
						(Register 82, No. 39).
10. Change without regulatory effect amending
						subsections (b) and (d) filed 3-22-95 pursuant to section
						100, title 1, California Code of
						Regulations (Register 95, No. 12).
11. Editorial correction of NOTE
						(Register 96, No. 52).
12. Amendment of subsection (d) 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.
13. 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,
						  Government Code.