reglab/statecodes huggingface dataset:
California Code of Regulations › Title 8 - Industrial Relations › Division 2 - Agricultural Labor Relations Board › Chapter 7 - Prohibited Communications › Section 20700 - Prohibited Communications

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Parties to an action before the Board may not communicate
				  with employees of the Board about the disposition of the action while the
				  action is pending before the Board. No person, even though not a party, may
				  volunteer a communication which may be expected to affect the interest of a
				  party in a case, whether or not the person acts with the knowledge or consent
				  of a party. No person shall solicit another person to make a communication
				  prohibited by these rules. While an action is pending, there shall be no
				  communications regarding the disposition of the action between Board members or
				  Board counsel and the investigative hearing examiner or administrative law
				  judge assigned to the matter.
1. Repealer of
				  Chapter 7 (Sections
				  20700.1-20700.9, inclusive) and new
				  Chapter 7 (Sections
				  20700-20760, not consecutive) filed
				  10-19-76 as an emergency; effective upon filing (Register 76, No.
				  43).
2. Certificate of Compliance filed 1-12-77 (Register 77, No.
				  3).
3. Amendment of section and NOTE filed 11-1-99; operative
				  12-1-99 (Register 99, No. 45).
Note: Authority cited: Section
					 1144, Labor
					 Code. Reference: Sections
					 1142(b),
					 1145 and
					 1160.2, Labor
					 Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 2 - Agricultural Labor Relations Board › Chapter 7 - Prohibited Communications › Section 20720 - Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Parties.
				Parties include the participants in elections and the parties of record in an
				unfair labor practice case, including the general counsel.
(b) Board employees. Board employees include,
				in all actions, members of the Board and their staffs and the executive
				secretary and his or her staff, including investigative hearing examiners and
				administrative law judges.
(c)
				Action. An action is
(1) objections to an
				election under Labor Code Section
				1156.3(c);
(2) post-election challenge ballot
				proceedings;
(3) unfair labor
				practice proceedings, including injunctive proceedings;
(4) a proceeding under Section
				20382; or
(5) a petition under Section
				20385.
California Code of Regulations › Title 8 - Industrial Relations › Division 2 - Agricultural Labor Relations Board › Chapter 7 - Prohibited Communications › Section 20740 - Communications Not Prohibited

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Prohibited communications under Section
				  20700 shall not include:
(a) Written communications of the type
				described in section
				20700 if copies of them are
				contemporaneously served by the communicator on all parties to the proceeding
				in accordance with the provisions of section
				20166 and following;
(b) Oral communications of the type described
				in Section 20700 if advance notice of them is
				given by the communicator to all parties in the proceeding and adequate
				opportunity is afforded to all parties to be present;
(c) Oral or written communications which
				relate solely to matters which the investigative hearing examiner, regional
				director, administrative law judge, or member of the Board is authorized by law
				or Board rules to entertain or dispose of on an ex parte basis;
(d) Oral or written requests for information
				solely with respect to the status of a proceeding;
(e) Oral or written communications which all
				the parties to the proceeding agree, or which the responsible official formally
				rules, may be made on an ex parte basis;
(f) Oral or written communications proposing
				settlement, or an agreement for disposition of any or all issues in the
				proceeding;
(g) Oral or written
				communications which concern matters of general significance to the field of
				labor management relations or administrative practice and which are not
				specifically related to pending proceedings; or
(h) Communications by or with the executive
				secretary and his or her staff pursuant to the executive secretary's
				investigation of election objections under Section
				20365(f) of these
				regulations.
1. Change
				  without regulatory effect amending subsection (a) filed 11-4-91 pursuant to
				  section 100, title 1, California Code of
				  Regulations (Register 92, No. 12).
2. Amendment of subsection (c)
				  and new NOTE filed 7-8-99; operative 8-7-99 (Register 99, No.
				  28).
Note: Authority cited: Section
					 1144, Labor
					 Code. Reference: Sections
					 1151,
					 1156.3 and
					 1160.2, Labor
					 Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 2 - Agricultural Labor Relations Board › Chapter 7 - Prohibited Communications › Section 20750 - Receipt of Prohibited Communications; Reporting Requirements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Any Board
				employee of the categories defined in Section
				20720(b) to whom a
				prohibited oral communication is attempted to be made shall refuse to listen to
				the communication, inform the communicator of this rule, and advise him or her
				that if he or she has anything to say it should be said in writing with copies
				to the parties. Any such Board employee who receives a written communication
				which he or she has reason to believe is prohibited by this chapter shall
				promptly forward such communication to the office of the executive secretary if
				the proceeding is then pending before the Board or before an administrative law
				judge, or to the regional director involved if the proceeding is then pending
				before him or her. If the circumstances in which the prohibited communication
				was made are not apparent from the communication itself, a statement describing
				those circumstances shall also be submitted. The executive secretary or the
				regional director to whom such a communication is forwarded shall then place
				the communication in the public file maintained by the agency and shall serve
				copies of the communication on all other parties to the proceeding and
				attorneys of record for the parties. Within 10 days after the mailing of such
				copies, any party may file with the executive secretary or regional director
				serving the communication, and serve on all other parties, a statement setting
				forth facts or contentions to rebut those contained in the prohibited
				communication.
(b) Upon appropriate
				motion to the regional director, or the administrative law judge, or the Board,
				before whom the proceeding is pending, under circumstances in which such
				presiding authority shall determine that the dictates of fairness so require,
				the prohibited communication and response thereto may be made part of the
				record of the proceeding, and provision made for any further action including
				reopening of the record, which may be required under the circumstances. No
				action taken pursuant to this provision shall constitute a waiver of the power
				of the Board to impose an appropriate penalty under Section
				20760.
1. Amendment
				  of subsections (a) and (b) and new NOTE filed 7-8-99; operative 8-7-99
				  (Register 99, No. 28).
Note: Authority cited: Section
					 1144, Labor
					 Code. Reference: Sections
					 1151,
					 1156.3 and
					 1160.2, Labor
					 Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 2 - Agricultural Labor Relations Board › Chapter 7 - Prohibited Communications › Section 20760 - Penalties and Enforcement

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				Upon notice and hearing, the Board may censure, suspend, or revoke the
				privilege of practice before the agency of any non-attorney who knowingly and
				willfully makes or solicits the making of a prohibited communication. However,
				before the Board institutes formal proceedings under this section, it shall
				first advise the person or persons concerned in writing that it proposes to
				take such action and that they may show cause, within a period to be stated in
				such written advice, but not less than seven days from the date thereof, why it
				should not take such action. Attorneys who knowingly and willfully engage in
				conduct prohibited by this chapter shall be reported to the State Bar for
				disciplinary action.
(b) To the
				extent permitted by law, the Board may, under appropriate circumstances, deny
				or limit remedial measures otherwise available under the Act to any party who
				shall, directly or indirectly, knowingly and willfully make or solicit the
				making of a prohibited communication.
(c) The Board may censure, or, to the extent
				permitted by law, suspend, dismiss, or institute proceedings for the dismissal
				of any Board employee who knowingly and willfully violates the prohibitions and
				requirements of this chapter.
(d) A
				Board employee, as defined in section
				20720, subdivision (b), who
				initiates a communication prohibited by this chapter, in addition to adhering
				to the reporting requirements of section
				20750, shall disqualify himself or
				herself from participation in the action to which the prohibited communication
				relates.
1. Amendment
				  filed 12-31-82; effective thirtieth day thereafter (Register 83, No.
				  1).
2. New subsection (d) and amendment of NOTE filed 11-1-99;
				  operative 12-1-99 (Register 99, No. 45).
Note: Authority cited: Section
					 1144, Labor
					 Code. Reference: Sections
					 1151,
					 1156.3 and
					 1160.2, Labor
					 Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 2 - Agricultural Labor Relations Board › Chapter 8 - Practice Before the Board › Section 20800 - Practice Before the Board

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				Attorneys and other representatives of parties appearing before the Board or
				engaged in any hearing or proceeding institute pursuant to the Act shall not
				engage in disruptive or abusive conduct with respect to persons operating under
				authority delegated by this Board or any hearings convened pursuant to the
				authority conferred upon this Board. Such conduct during the course of any
				official proceedings including, but not limited to, pre-election conferences,
				conduct of elections, and any hearings under the Board's auspices shall be
				grounds for summary exclusion from the proceeding by the agent of the Board in
				charge of such proceeding.
(b)
				Aggravated misconduct, when engaged in by a non-attorney representative of a
				party during the course of any official proceedings including, but not limited
				to, pre-election conferences, conduct of elections, or any investigations or
				hearings conducted under the Board's auspices, shall be grounds for suspension
				or disbarment from practice before the Board after due notice is given and a
				hearing is held. Attorneys who engage in aggravated misconduct during any Board
				proceeding shall be reported to the State Bar for disciplinary
				action.
1. Repealer of
				  chapter 8 (section
				  20800) and new chapter 8 (sections
				  20800-20820, not consecutive) filed
				  10-19-76 as an emergency; effective upon filing (Register 76, No.
				  43).
2. Certificate of Compliance filed 1-12-77 (Register 77, No.
				  3).
3. Repealer of section filed 9-20-91; operative 10-21-91
				  (Register 92, No. 4).
4. Renumbering of former section
				  20820 to section
				  20800 filed 9-20-91; operative
				  10-21-91 (Register 92, No. 4).
Note: Authority cited: Section
					 1144, Labor
					 Code. Reference: Section
					 1151.3, Labor
					 Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 2 - Agricultural Labor Relations Board › Chapter 8 - Practice Before the Board › Section 20820 - Practice Before the Board

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Amendment
				  of subsection (b) filed 12-31-82; effective thirtieth day thereafter (Register
				  83, No. 1).
2. Renumbering of former section
				  20820 to section
				  20800 filed 9-20-91; operative
				  10-21-91 (Register 92, No. 4).
Note: Authority cited: Section
					 1144, Labor
					 Code. Reference: Sections
					 1156-
					 1159 and
					 1160-
					 1160.9, Labor
					 Code (Division 2 of the Labor Code, Part 3.5, Chapters 5 and
					 6).
California Code of Regulations › Title 8 - Industrial Relations › Division 2 - Agricultural Labor Relations Board › Chapter 9 - Solicitation by Non-Employee Organizers › Section 20901 - Limitation for Special Segments of Agriculture

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Dairy, Poultry and Egg Segments of
				Agriculture: We find that certain conditions exist in the dairy, poultry and
				egg segments of agriculture which set them apart from all other elements of the
				industry. These conditions include:
(1) the
				possible transmission of animal disease,
(2) possible product contamination,
				and
(3) possible animal stress.
				Because of these combined conditions, we deem non-employee access into the
				following limited areas to be prohibited:
(1)
				Dairy Industry: The milk barn and the milk house.
(2) Poultry and Egg Industry:
(A) Hatcheries: Those covered and enclosed
				areas of the farm in which the eggs are handled and incubated, and in which the
				chicks and poults are maintained.
(B) Poultry Production: Those covered or
				enclosed areas of the farm in which the poultry is housed or otherwise
				maintained.
(C) Egg Production:
				Those covered or enclosed areas of the farm in which the hens are housed or
				otherwise maintained.
The employer shall clearly mark and post areas of prohibited
				  access, consistent with the above prohibitions.
To the extent that employees are permitted to remain in the
				  prohibited areas established herein during their lunch period or during the
				  period of one hour before the start of work and one hour after the completion
				  of work as provided in Section
				  20900(e)(3), the
				  employer shall be deemed to have waived the special limitations of this section
				  and shall not prohibit access thereto.
California Code of Regulations › Title 8 - Industrial Relations › Division 2 - Agricultural Labor Relations Board › Chapter 9 - Solicitation by Non-Employee Organizers › Section 20910 - Pre-Petition Employee Lists

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Any
				labor organization may file with the appropriate regional office of the Board a
				written notice of intention to organize the agricultural employees of an
				agricultural employer, accompanied by proof of service of the notice upon the
				employer in the manner set forth in section
				20300(f). The
				notice must be signed by or accompanied by authorization cards signed by at
				least ten percent (10%) of the current employees of the designated employer.
				The signatures and authorization cards must comply with the requirements set
				forth in section
				20300(i)(1).
(b) A notice of intention to organize shall
				be deemed filed upon its receipt in the appropriate regional office accompanied
				by proof of service of the notice upon the employer. As soon as possible upon
				the filing of the notice of intention to organize, the regional office in which
				the petition is filed shall telephone or telegraph the employer to inform the
				employer of the date and time of the filing of the notice.
(c) Within five days from the date of filing
				of the notice of intention to organize, the employer shall submit to the
				regional office an employee list as defined in section
				20310(a)(2). If
				the employer contends that the unit named in the notice is inappropriate, it
				shall submit its arguments to the regional director in writing. A contention
				that the unit named is inappropriate shall not excuse the timely submission of
				the pre-petition employee list in the unit named in the notice.
(d) Upon receipt of the list, the regional
				director shall determine if the ten percent showing of interest requirement has
				been satisfied, and, if so, shall make available a copy of the employee list to
				the filing labor organization. The same list shall be made available to any
				other labor organization which within 30 days of the original filing date files
				a notice of intention to organize the agricultural employees of the same
				employer.
(e) A labor organization
				may not file more than one notice of intention to organize the agricultural
				employees of the employer under this section in any 120-day period.
1. New section
				  filed 11-29-76 as an emergency; designated effective 12-1-76 (Register 76, No.
				  49).
2. Certificate of Compliance filed 1-12-77 (Register 77, No.
				  3).
3. Amendment of subsection (c) and new subsections (d) and (e)
				  filed 3-14-78; effective thirtieth day thereafter (Register 78, No.
				  11).
4. Amendment of subsection (a) and amendment of NOTE filed
				  5-9-2002; operative 6-8-2002 (Register 2002, No. 19).
5. Amendment
				  filed 8-29-2023; operative 10/1/2023 (Register 2023, No.
				  35).
Note: Authority cited: Section
					 1144, Labor
					 Code. Reference: Sections
					 1152 and
					 1157.3, Labor
					 Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 2 - Agricultural Labor Relations Board › Chapter 9.5 - Cannabis › Section 20951 - Labor Peace Agreements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) An agricultural employer licensed to engage in the cultivation of cannabis as provided in the Medicinal and Adult-Use Cannabis Regulation and Safety Act, Business and Professions Code section  26000 et seq., and who is required to enter into a labor peace agreement as defined in subdivision (aa) of Business and Professions Code section  26001, may enter into labor peace agreements with more than one labor organization seeking to represent an appropriate bargaining unit of agricultural employees. If an employer enters into labor peace agreements with more than one labor organization, upon execution of each such labor peace agreement it shall provide notice that it has done so to each other labor organization with which it has entered into a labor peace agreement.
(b) An agricultural employer shall not discriminate against a labor organization in terms of providing access to its employees where two or more labor organizations seek to represent the same bargaining unit of employees and shall treat similarly situated labor organizations the same; provided, however, that no labor organization has been certified pursuant to the provisions of Chapter 5 of the Act (Labor Code section  1156 et seq.) as the exclusive representative of the employer's agricultural employees.
(c) Allegations that a party has failed or refused to enter into a labor peace agreement, has discriminated against a labor organization where two or more labor organizations seek to represent the same bargaining unit of employees, or that a party has violated the terms of an existing labor peace agreement may be the subject of an unfair labor practice charge where it is asserted such conduct has violated any applicable provisions of Labor Code sections  1153 or  1154.
Note: Authority cited: Section  1144, Labor Code. Reference: Sections  1153 and  1154, Labor Code; and Section  26051.5, Business and Professions Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 2 - Agricultural Labor Relations Board › Chapter 9.5 - Cannabis › Section 20952 - Complaints Regarding Labor Peace Agreements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A labor organization or current or former employee of an employer who holds a license to conduct commercial cannabis activity in accordance with section  26051.5 of the Business and Professions Code may file a complaint with the general counsel alleging that the licensee has entered into a labor peace agreement with an organization that is not a bona fide labor organization. The complaint shall be accompanied by all evidence relied upon by the complaining party that support its contentions. The complaint shall be served on both the accused licensee and the organization alleged not to be a bona fide labor organization, or their respective registered agents for service, by (1) personal delivery, leaving a copy at the principal office, place of business, or, if none, at the residence of the person(s) required to be served, or (2) registered or certified mail, with return receipt requested, addressed to the principal office, place of business or, if none, to the residence of the person(s) required to be served. If the person to be served cannot be served with reasonable diligence by one of these methods, service by publication as described in section  415.50 of the Code of Civil Procedure shall be permitted. The complaint, with proof of service, shall be filed in accordance with section 20169. For purposes of this complaint procedure, the term "employer" includes any person or entity holding a license to conduct commercial cannabis activity, or applicant for such a license, under Division 10 of the Business and Professions Code, commencing with section 26000.
(b) Upon receipt of a complaint, the general counsel shall promptly notify the accused licensee and organization of the filing of the complaint. The licensee and organization each may file an answer to the complaint. Any answer must be filed within 15 days after the date of the general counsel's notice. The answer shall respond to the allegations of the complaint that the organization with which the licensee has a labor peace agreement is not a bona fide labor organization, and shall be accompanied by all evidence relied upon by the licensee or organization in support of their defense.
Note: Authority cited: Section  26051.5, Business and Professions Code. Reference: Section  26051.5, Business and Professions Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 2 - Agricultural Labor Relations Board › Chapter 9.5 - Cannabis › Section 20954 - Decision

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Following its investigation, the general counsel shall issue a written decision on the complaint no later than 70 days after the date the complaint was filed. The decision shall state whether the complaint allegation that an organization is not a bona fide labor organization has been dismissed or sustained, and shall describe the reasoning and any evidence relied upon in making such determination.
(b) The general counsel may render its decision based solely on the complaint, any responses thereto, and any other evidence or argument submitted by the parties. The general counsel is not required to hold a hearing, but in its discretion may elect to hold a hearing if it is deemed necessary to resolve credibility disputes or any disputed fact material to its determination. Either the accused licensee or organization may request a hearing, provided that such request is made in writing no later than 30 days after the date the complaint was filed. A request for a hearing must be supported by good cause demonstrating the need for a hearing and why resolution of the matter on the records submitted to the general counsel is not appropriate. The general counsel's decision whether to hold a hearing is final and nonreviewable.
Note: Authority cited: Section  26051.5, Business and Professions Code. Reference: Section  26051.5, Business and Professions Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 2 - Agricultural Labor Relations Board › Chapter 9.5 - Cannabis › Section 20955 - Board Review; Report to Department of Cannabis Control

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
(1) Within five days after service of the general counsel's decision, an aggrieved party may file an appeal from the decision with the executive secretary for submission to the board. The appeal shall be served on all other parties, and the general counsel, in accordance with sections 20166 and 20169. Any other party, including the general counsel, may file a response to the appeal within five days after the date the appeal is filed.
(2) The record before the board shall include the complaint, any answers to the complaint, and all other filings and materials served by or submitted to the general counsel during the course of its investigation, as well as the general counsel's decision issued pursuant to section 20954. Within 10 days after the last response to the appeal is filed, or the time to file such response expires, the board shall issue an order affirming or reversing the general counsel's decision.
California Code of Regulations › Title 8 - Industrial Relations › Division 2 - Agricultural Labor Relations Board › Chapter 10 - Symbols or Emblems › Section 21000 - Symbols or Emblems

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
If any labor organization has a distinctive symbol or emblem
				  which it desires to have appear on ballots during elections as a supplement to
				  its name identification, it may record such symbol or emblem by filing
				  appropriate copies with the Executive Secretary in Sacramento.
The symbol or emblem designating a choice of "No Labor
				  Organization" should be a circle with a diagonal slash from upper left to lower
				  right through it, with the word "No" centered in the circle, as a supplement to
				  the words "No Union" on the ballot. The reproduction of the symbol or emblem on
				  the ballot shall not be in excess of one inch square.
If for mechanical reasons, the Board cannot place the symbol
				  or emblem on he ballot, it will attempt to trace the outline of the symbol or
				  emblem on the ballot.
Each labor organization will be permitted to register only
				  one such symbol or emblem for all its constituent locals, divisions, or
				  subdivisions.
1. New Chapter
				  10 (Section
				  21000) filed 9-4-75 as an
				  emergency; effective upon filing (Register 75, No. 36).
2.
				  Certificate of Compliance filed 12-10-75 (Register 75, No.
				  50).
Note: Authority cited: Sections
					 1141,
					 1142,
					 1144,
					 1145,
					 1146, and
					 1149, Labor
					 Code. Reference: Part 3.5 (commencing with Section
					 1140), Division II, Labor
					 Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 2 - Agricultural Labor Relations Board › Chapter 10 - Symbols or Emblems › Section 21100 - Definition of Unforeseen Emergency Condition Pursuant to Government Code Section 11125(a). [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New chapter
				  11 (section
				  21100) filed 9-12-75 as an
				  emergency; effective upon filing (Register 75, No. 37).
2.
				  Certificate of Compliance filed 12-10-75 (Register 75, No. 50).
3.
				  Repealer of section filed 9-20-91; operative 10-21-91 (Register 92, No.
				  4).
Note: Authority cited: Section
					 1144, Labor
					 Code. Reference: Section
					 1125.5,
					 Government Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 2 - Agricultural Labor Relations Board › Chapter 12 - Conflict of Interest Code › Section 21200 - General Provisions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Political Reform Act, Government Code sections
				  81000,
et seq
., requires state and local government agencies to adopt
				  and promulgate conflict of interest codes. The Fair Political Practices
				  Commission has adopted a regulation, Title 2, California Code of Regulations,
				  section 18730, which contains the terms of
				  a standard Conflict of Interest Code, which can be incorporated by reference,
				  and which may be amended by the Fair Political Practices Commission to conform
				  to amendments in the Political Reform Act after public notice and hearings.
				  Therefore, the terms of Title 2, California Code of Regulations section
				  18730, and any amendments to it
				  duly adopted by the Fair Political Practices Commission, along with the
				  attached Appendix in which officials and employees are designated and
				  disclosure categories are set forth, are hereby incorporated by reference and
				  constitute the Conflict of Interest Code of the Agricultural Labor Relations
				  Board.
Designated employees shall file statements of economic
				  interests with the Agricultural Labor Relations Board. Upon receipt of the
				  statements of Board Members and the Executive Secretary, the agency shall make
				  and retain a copy and forward the original of these statements to the Fair
				  Political Practices Commission. Statements of all other designated employees
				  shall be retained at the offices of the Agricultural Labor Relations Board
				  which shall make the statements available for public inspection and
				  reproduction. (Gov. Code §
									81008.)
1. New chapter
				  12 (sections
				  21200-211255, not consecutive)
				  filed 9-27-77; effective thirtieth day thereafter. Approved by Fair Political
				  Practices Commission 7-7-77 (Register 77, No. 40).
2. Repealer of
				  chapter 12 (sections
				  21200-21255, not consecutive) and
				  new chapter 12 (section
				  21200 and Appendix) filed 2-26-81;
				  effective thirtieth day thereafter. Approved by Fair Political Practices
				  Commission 12-1-80 (Register 80, No. 9).
3. Amendment filed 5-6-92;
				  operative 6-5-92 (Register 92, No. 19).
4. Amendment of Appendix A
				  filed 10-16-2003; operative 11-15-2003. Approved by Fair Political Practices
				  Commission 8-27-2003 (Register 2003, No. 42).
Note: Authority cited: Sections
					 87300 and
					 87304,
					 Government Code. Reference: Section
					 87300, et seq., Government
					 Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 3 - Public Employment Relations Board › Chapter 1 - Public Employment Relations Board › Subchapter 1 - Internal Procedures › Article 1 - Public Meetings › Section 31001 - Meetings

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Except as permitted by law, the Public Employment
						Relations Board itself shall deliberate and take all actions only at public
						meetings. The Board's policy on public meetings shall be available to the
						public.
Note: Authority cited: Sections 3509(a), 3513(h),
						  3524.52(a), 3541.3(g), 3551(a), 3555.5(c), 3563(f), 71639.1(b) and 71825(b),
						  Government Code; and Sections 28849(b), 40122.1(a), 99561(f) and 102399(b),
						  Public Utilities Code. Reference: Sections 3509, 3513(h), 3524.52(a), 3541.3,
						  3551(a), 3555.5(c), 3563, 71639.1 and 71825, Government Code; and Sections
						  28849(b), 40122.1(a), 99561 and 102399(b), Public Utilities Code.
Note: Authority cited: Sections
						  3509(a),
						  3513(h),
						  3524.52(a),
						  3541.3(g),
						  3551(a),
						  3555.5(c),
						  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,
						  3551(a),
						  3555.5(c),
						  3563,
						  71639.1
						  and
						  71825,
						  Government Code; and Section
						  99561,
						  Public Utilities Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 3 - Public Employment Relations Board › Chapter 1 - Public Employment Relations Board › Subchapter 2 - Definitions and General Provisions › Article 1 - Definitions › Section 32000 - EERA

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
"EERA" means the Educational Employment Relations Act as
						contained in Chapter 10.7 of Division 4 of Title 1 of the Government Code
						(commencing with Section
						3540).
1. New
						section filed 6-18-80; effective thirtieth day thereafter (Register 80, No.
						25). For prior history see Registers 76, No. 13; 76, No. 31; 78, No. 27; and
						78, No. 42.
2. Editorial correction of NOTE filed 9-20-82; effective
						upon filing pursuant to Government Code Section
						11346.2(d)
						(Register 82, No. 38).
3. Change without regulatory effect amending
						NOTE filed 2-15-2001 pursuant to section
						100, title 1, California Code of
						Regulations (Register 2001, No. 7).
Note: Authority cited: Section
						  3541.3(g),
						  Government Code. Reference: Section
						  3540 et seq., Government
						  Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 3 - Public Employment Relations Board › Chapter 1 - Public Employment Relations Board › Subchapter 2 - Definitions and General Provisions › Article 1 - Definitions › Section 32001 - Definition of Terms Under EERA

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
As applied to matters arising under EERA:
(a) Employee Organization. "Employee
					 Organization" as defined in Government Code Section
					 3540.1(d)
					 shall include any two or more employee organizations as defined therein who
					 join together to become "joint requestor," "joint intervenor" or "joint
					 petitioner."
(b) Intervening
					 Organization. "Intervening Organization" or "Intervenor" means either of the
					 following:
(1) An employee organization
					 filing a competing claim of representation or a challenge to the
					 appropriateness of the unit pursuant to Government Code Section
					 3544.1(b);
					 or
(2) An employee organization
					 filing a request to appear on the ballot following the filing of an employee
					 petition for a representation election pursuant to Government Code Section
					 3544.3.
California Code of Regulations › Title 8 - Industrial Relations › Division 3 - Public Employment Relations Board › Chapter 1 - Public Employment Relations Board › Subchapter 2 - Definitions and General Provisions › Article 1 - Definitions › Section 32005 - Ralph C. Dills Act

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
"Ralph C. Dills Act" or "Dills Act" means the State
						Employer-Employee Relations Act as contained in Chapter 10.3 of Division 4 of
						Title 1 of the Government Code (commencing with Section
						3512).
1. New
						section 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. Amendment filed 12-29-88; operative
						1-28-89 (Register 89, No. 4).
4. Change without regulatory effect
						amending section and NOTE filed 2-15-2001 pursuant to section
						100, title 1, California Code of
						Regulations (Register 2001, No. 7).
Note: Authority cited: Sections
						  3513(h)
						  and
						  3541.3(g),
						  Government Code. Reference: Section
						  3524,
						  Government Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 3 - Public Employment Relations Board › Chapter 1 - Public Employment Relations Board › Subchapter 2 - Definitions and General Provisions › Article 1 - Definitions › Section 32006 - Definition of Terms Under Ralph C. Dills

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
As applied to matters arising under Ralph C. Dills
						Act:
(a) Employee Organization.
					 "Employee organization" as defined in Government Code Section
					 3513(a)
					 shall include any two or more employee organizations as defined therein who
					 join together to become "joint petitioner," or "joint election
					 intervenor."
(b) Election
					 Intervenor. "Election Intervenor" means any employee organization, whether or
					 not a party to a unit determination hearing, which files an intervention to
					 appear on the ballot for an election in an appropriate Ralph C. Dills Act
					 unit.
1. New
						section filed 9-20-82; effective upon filing pursuant to Government Code
						Section
						11346.2(d)
						(Register 82, No. 39).
2. Amendment filed 12-29-88; operative
						1-28-89 (Register 89, No. 4).
3. Change without regulatory effect
						amending NOTE filed 2-15-2001 pursuant to section
						100, title 1, California Code of
						Regulations (Register 2001, No. 7).
Note: Authority cited: Sections
						  3513(h)
						  and
						  3541.3(g),
						  Government Code. Reference: Section
						  3512, et seq., Government
						  Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 3 - Public Employment Relations Board › Chapter 1 - Public Employment Relations Board › Subchapter 2 - Definitions and General Provisions › Article 1 - Definitions › Section 32007 - JCEERA

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
"JCEERA" means the Judicial Council Employer-Employee
						Relations Act as contained in Chapter 10.4 of Division 4 of Title 1 of the
						Government Code (commencing with Section
						3524.50).
1. New
						section filed 4-18-2023; operative 7-1-2023 (Register 2023, No.
						16).
Note: Authority cited: Section
						  3524.52(a),
						  Government Code. Reference: Section
						  3524.50,
						  Government Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 3 - Public Employment Relations Board › Chapter 1 - Public Employment Relations Board › Subchapter 2 - Definitions and General Provisions › Article 1 - Definitions › Section 32008 - Definition of Terms Under JCEERA

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
As applied to matters arising under JCEERA:
(a) Employee Organization. "Employee
					 Organization" as defined in Government Code Section
					 3524.52(c)
					 shall include any two or more employee organizations as defined therein who
					 join together to become "joint petitioner" or "joint election
					 intervenor."
(b) Election
					 Intervenor. "Election Intervenor" means any employee organization, whether or
					 not a party to a unit determination hearing, which files an intervention to
					 appear on the ballot for an election in an appropriate JCEERA unit.
(c) Exclusive Representative. "Exclusive
					 Representative" means an employee organization recognized or certified as the
					 exclusive negotiating representative of employees of the Judicial
					 Council.
1. New
						section filed 4-18-2023; operative 7-1-2023 (Register 2023, No.
						16).
Note: Authority cited: Section
						  3524.52(a),
						  Government Code. Reference: Sections
						  3524.51,
						  3524.52(c)
						  and
						  3524.74,
						  Government Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 3 - Public Employment Relations Board › Chapter 1 - Public Employment Relations Board › Subchapter 2 - Definitions and General Provisions › Article 1 - Definitions › Section 32010 - HEERA

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
"HEERA" means the Higher Education Employer-Employee
						Relations Act as contained in Chapter 12 of Division 4 of Title 1 of the
						Government Code (commencing with Section
						3560).
1. New
						section filed 6-18-80; effective thirtieth day thereafter (Register 80, No.
						25). For prior history see Registers 78, No. 27 and 78, No. 42.
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. Change without regulatory effect amending
						NOTE filed 2-15-2001 pursuant to section
						100, title 1, California Code of
						Regulations (Register 2001, No. 7).
Note: Authority cited: Section
						  3563(f),
						  Government Code. Reference: Section
						  3560 et seq., Government
						  Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 3 - Public Employment Relations Board › Chapter 1 - Public Employment Relations Board › Subchapter 2 - Definitions and General Provisions › Article 1 - Definitions › Section 32011 - Definition of Terms Under HEERA

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
As applied to matters arising under HEERA:
(a) "Employee organization" as defined in
					 Government Code Section
					 3562(f)
					 shall include any two or more employee organizations defined therein who join
					 together to become a "joint requestor," "joint intervenor" or "joint
					 petitioner."
(b) In Chapter 4 of
					 these regulations:
(1) Requester. "Requester"
					 means an employee organization which has filed a HEERA request for
					 recognition.
(2) Intervenor.
					 "Intervenor" means an employee organization filing a competing claim of
					 representation or a challenge to the appropriateness of the unit pursuant to
					 HEERA.
(3) Petitioner. "Petitioner"
					 means an employee organization which has filed a HEERA petition for
					 certification.
(4) Election
					 Intervenor. "Election Intervenor" means an employee organization, whether or
					 not a party to the unit determination hearing, which files an intervention to
					 appear on the ballot for an election in an appropriate unit pursuant to
					 HEERA.
California Code of Regulations › Title 8 - Industrial Relations › Division 3 - Public Employment Relations Board › Chapter 1 - Public Employment Relations Board › Subchapter 2 - Definitions and General Provisions › Article 1 - Definitions › Section 32015 - MMBA

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
"MMBA" means the Meyers-Milias-Brown Act as contained in
						Chapter 10 of Division 4 of Title 1 of the Government Code (commencing with
						Section 3500).
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: Section
						  3500.5,
						  Government Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 3 - Public Employment Relations Board › Chapter 1 - Public Employment Relations Board › Subchapter 2 - Definitions and General Provisions › Article 1 - Definitions › Section 32016 - Definition of Terms Under MMBA

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
As applied to matters arising under MMBA:
(a) Public agency. "Public agency" means
					 every governmental subdivision, every district, every public and quasi-public
					 corporation, every public agency and public service corporation, every town,
					 city, county, city and county and municipal corporation, whether incorporated
					 and whether chartered or not. For purposes of these regulations, the term
					 "public agency" shall exclude the City of Los Angeles, County of Los Angeles,
					 and superior and municipal courts, and does not mean a school district or a
					 county board of education or a county superintendent of schools or a personnel
					 commission in a school district having a merit system as provided in Chapter 5
					 (commencing with Section
					 45100) of Part 25 and Chapter 4
					 (commencing with Section
					 88000) of Part 51 of the Education
					 Code or the State of California. The term "public agency," as used herein, also
					 excludes any transit agency not subject to the MMBA.
(b) Exclusive representative. References in
					 these regulations to an "exclusive representative" means an employee
					 organization that has been recognized or certified as an exclusive or majority
					 bargaining agent pursuant to MMBA.
(c) Local rules. "Local rules" means the
					 rules and regulations of a public agency adopted pursuant to the
					 MMBA.
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, including
						amendment of subsection (a), 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
						  3501(a), (b) and
						  (c),
						  3501.5,
						  3507,
						  3507.1,
						  3507.3,
						  3507.5 and
						  3508,
						  Government Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 3 - Public Employment Relations Board › Chapter 1 - Public Employment Relations Board › Subchapter 2 - Definitions and General Provisions › Article 1 - Definitions › Section 32017 - TEERA

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
"TEERA" means the Los Angeles County Metropolitan
						Transportation Authority Transit Employer-Employee Relations Act as contained
						in Chapter 7 of Part 11 of Division 10 of the Public Utilities Code (commencing
						with Section
						99560).
1. New
						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.
2. 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
						  99561(f),
						  Public Utilities Code. Reference: Section
						  99560 et seq., Public Utilities
						  Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 3 - Public Employment Relations Board › Chapter 1 - Public Employment Relations Board › Subchapter 2 - Definitions and General Provisions › Article 1 - Definitions › Section 32018 - Definition of Terms Under TEERA

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
As applied to matters arising under TEERA:
(a) "Employee organization" as defined in
					 Public Utilities Code Section
					 99560.1(f)
					 shall include any two or more employee organizations defined therein who join
					 together to become a "joint requester," "joint intervenor" or "joint
					 petitioner."
(b) "Exclusive
					 representative" as defined in Public Utilities Code Section
					 99560.1(i)
					 shall include any employee organization that, prior to January 1, 2004, was
					 certified or recognized for a unit of supervisory employees, in accordance with
					 Public Utilities Code Section
					 30750
					 et seq.
(c) "Established bargaining
					 unit" shall include any unit of supervisory employees established prior to
					 January 1, 2004, in accordance with Public Utilities Code Section
					 30750
					 et seq.
(d) In Chapter 6 of these
					 regulations:
(1) Requester. "Requester" means
					 an employee organization which has filed a TEERA request for
					 recognition.
(2) Intervenor.
					 "Intervenor" means an employee organization filing a competing claim of
					 representation or a challenge to the appropriateness of the unit pursuant to
					 TEERA.
(3) Petitioner. "Petitioner"
					 means an employee organization which has filed a TEERA petition for
					 certification.
(4) Election
					 Intervenor. "Election Intervenor" means an employee organization, whether or
					 not a party to the unit determination hearing, which files an intervention to
					 appear on the ballot for an election in an appropriate unit pursuant to
					 TEERA.