reglab/statecodes huggingface dataset:
California Code of Regulations › Title 8 - Industrial Relations › Division 3 - Public Employment Relations Board › Chapter 8 - Trial Court Interpreter Employment and Labor Relations Act › Article 7 - Petition for Unit Modification › Section 91470 - Board Determination Regarding Proof of Support

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) If proof of support has been filed
				  pursuant to section
				  91450(e)(1) or
				  (2), the employer shall, within 20 days of
				  the date the support was filed, file with the regional office an alphabetical
				  list, including job titles or classifications, of all employees proposed to be
				  added to the unit as of the last date of the payroll period immediately
				  preceding the date the petition was filed with PERB, unless otherwise directed
				  by the Board.
(b) The Board may
				  allow up to 10 days to perfect the proof of support.
(c) Upon completion of the review of the
				  proof of support, the Board shall inform the parties in writing of the
				  determination as to sufficiency of the proof of support.
1. New
					 section filed 8-30-2004 as an emergency; operative 8-30-2004 (Register 2004,
					 No. 36). A Certificate of Compliance must be transmitted to OAL by 12-28-2004
					 or emergency language will be repealed by operation of law on the following
					 day.
2. New section refiled 12-27-2004 as an emergency; operative
					 12-29-2004 (Register 2004, No. 53). A Certificate of Compliance must be
					 transmitted to OAL by 4-28-2005 or emergency language will be repealed by
					 operation of law on the following day.
3. Certificate of Compliance
					 as to 12-27-2004 order transmitted to OAL 4-26-2005 and filed 5-31-2005
					 (Register 2005, No. 22).
4. Amendment of subsection (a) filed
					 11-29-2007; operative 12-29-2007 (Register 2007, No.
					 48).
Note: Authority cited: Sections
						3541.3(g)
						and
						71825(b),
						Government Code. Reference: Sections
						3541.3,
						71823 and
						71825,
						Government Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 3 - Public Employment Relations Board › Chapter 8 - Trial Court Interpreter Employment and Labor Relations Act › Article 7 - Petition for Unit Modification › Section 91480 - Disposition of Petitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Upon receipt of a petition for unit
				  modification, the Board shall investigate and, where appropriate, conduct a
				  hearing and/or a representation election, or take such other action as deemed
				  necessary in order to decide the questions raised by the petition and to ensure
				  full compliance with the provisions of the law.
(b) The Board shall dismiss a petition if (1)
				  it is found to be improperly or not timely filed; or, (2) if proof of support
				  submitted falls short of the required level of support; or, (3) if a
				  representation election result has been certified within the 12 months
				  immediately preceding the date of filing of the petition which covers any
				  employees proposed to be added to the unit; or, (4) whenever the employer has,
				  within the previous 12 months, lawfully recognized the exclusive representative
				  in the described unit or a subdivision thereof.
(c) Board Order of Unit Modification.
(1) The Board shall issue an order of unit
				  modification whenever the disposition of a petition filed under this Article
				  results in the modification of a unit.
(2) The order shall not be considered to be a
				  new certification for the purpose of computing time limits pursuant to Section
				  91200.
California Code of Regulations › Title 8 - Industrial Relations › Division 3 - Public Employment Relations Board › Chapter 8 - Trial Court Interpreter Employment and Labor Relations Act › Article 8 - Rescission of Agency Shop Agreement or Provision [Repealed] › Section 91600 - Employee Petition. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
					 article 8 (sections
					 91600-91630) and section filed
					 8-30-2004 as an emergency; operative 8-30-2004 (Register 2004, No. 36). A
					 Certificate of Compliance must be transmitted to OAL by 12-28-2004 or emergency
					 language will be repealed by operation of law on the following
					 day.
2. New article 8 (sections
					 91600-91630) and section refiled
					 12-27-2004 as an emergency; operative 12-29-2004 (Register 2004, No. 53). A
					 Certificate of Compliance must be transmitted to OAL by 4-28-2005 or emergency
					 language will be repealed by operation of law on the following
					 day.
3. Certificate of Compliance as to 12-27-2004 order transmitted
					 to OAL 4-26-2005 and filed 5-31-2005 (Register 2005, No. 22).
4.
					 Change without regulatory effect repealing article 8 (sections
					 91600-91630) and section filed
					 7-31-2019 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2019, No. 31).
Note: Authority cited: Sections
						3541.3(g)
						and
						71825(b),
						Government Code. Reference: Sections
						3541.3,
						71814,
						71823 and
						71825,
						Government Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 3 - Public Employment Relations Board › Chapter 8 - Trial Court Interpreter Employment and Labor Relations Act › Article 8 - Rescission of Agency Shop Agreement or Provision [Repealed] › Section 91610 - Board Determination Regarding Proof of Support. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
					 section filed 8-30-2004 as an emergency; operative 8-30-2004 (Register 2004,
					 No. 36). A Certificate of Compliance must be transmitted to OAL by 12-28-2004
					 or emergency language will be repealed by operation of law on the following
					 day.
2. New section refiled 12-27-2004 as an emergency; operative
					 12-29-2004 (Register 2004, No. 53). A Certificate of Compliance must be
					 transmitted to OAL by 4-28-2005 or emergency language will be repealed by
					 operation of law on the following day.
3. Certificate of Compliance
					 as to 12-27-2004 order transmitted to OAL 4-26-2005 and filed 5-31-2005
					 (Register 2005, No. 22).
4. Change without regulatory effect
					 repealing section filed 7-31-2019 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2019, No. 31).
Note: Authority cited: Sections
						3541.3(g)
						and
						71825(b),
						Government Code. Reference: Sections
						3541.3,
						71814,
						71823 and
						71825,
						Government Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 3 - Public Employment Relations Board › Chapter 8 - Trial Court Interpreter Employment and Labor Relations Act › Article 8 - Rescission of Agency Shop Agreement or Provision [Repealed] › Section 91620 - Employee Vote. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
					 section filed 8-30-2004 as an emergency; operative 8-30-2004 (Register 2004,
					 No. 36). A Certificate of Compliance must be transmitted to OAL by 12-28-2004
					 or emergency language will be repealed by operation of law on the following
					 day.
2. New section refiled 12-27-2004 as an emergency; operative
					 12-29-2004 (Register 2004, No. 53). A Certificate of Compliance must be
					 transmitted to OAL by 4-28-2005 or emergency language will be repealed by
					 operation of law on the following day.
3. Certificate of Compliance
					 as to 12-27-2004 order transmitted to OAL 4-26-2005 and filed 5-31-2005
					 (Register 2005, No. 22).
4. Change without regulatory effect
					 repealing section filed 7-31-2019 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2019, No. 31).
Note: Authority cited: Sections
						3541.3(g)
						and
						71825(b),
						Government Code. Reference: Sections
						3541.3,
						71814,
						71823 and
						71825,
						Government Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 3 - Public Employment Relations Board › Chapter 8 - Trial Court Interpreter Employment and Labor Relations Act › Article 8 - Rescission of Agency Shop Agreement or Provision [Repealed] › Section 91630 - Bar to Rescission. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
					 section filed 8-30-2004 as an emergency; operative 8-30-2004 (Register 2004,
					 No. 36). A Certificate of Compliance must be transmitted to OAL by 12-28-2004
					 or emergency language will be repealed by operation of law on the following
					 day.
2. New section refiled 12-27-2004 as an emergency; operative
					 12-29-2004 (Register 2004, No. 53). A Certificate of Compliance must be
					 transmitted to OAL by 4-28-2005 or emergency language will be repealed by
					 operation of law on the following day.
3. Certificate of Compliance
					 as to 12-27-2004 order transmitted to OAL 4-26-2005 and filed 5-31-2005
					 (Register 2005, No. 22).
4. Change without regulatory effect
					 repealing section filed 7-31-2019 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2019, No. 31).
Note: Authority cited: Sections
						3541.3(g)
						and
						71825(b),
						Government Code. Reference: Sections
						3541.3,
						71814 and
						71825,
						Government Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 3 - Public Employment Relations Board › Chapter 9 - Procedures Under Specified Transit District Acts and Laws › Section 93010 - Form of Petition

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				Petitions shall be in writing and signed, and shall be sworn to before a notary
				public or other person duly authorized by law to administer oaths and take
				acknowledgements. An original shall be filed.
(b) A petition shall contain the following:
(1) The name and address of the district, of
				responsible members, and of the establishments involved.
(2) The general nature of the district's
				business.
(3) A description of the
				bargaining unit which the petitioner claims to be appropriate.
(4) The names and addresses of any other
				labor organization which claims to represent any employees in the alleged or
				the certified appropriate unit, and brief descriptions of the contract or
				contracts, if any, covering the employees in such unit and the expiration date
				of such contract(s).
(5) The number
				of employees in the alleged appropriate unit.
(6) The name, affiliation (if any), and
				address of the petitioner (state if petitioner is the district).
(7) Any other relevant
				facts.
California Code of Regulations › Title 8 - Industrial Relations › Division 3 - Public Employment Relations Board › Chapter 9 - Procedures Under Specified Transit District Acts and Laws › Section 93015 - Percentage of Valid Authorizations Required to Determine Existence of a Representation Dispute

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) No
				question concerning representation shall be deemed to exist unless the labor
				organization raising such question by petition shall make a showing of proved
				authorizations or membership of at least 30 percent of the employees in the
				proposed unit. Authorization must be signed and dated by the individual
				employee. No authorizations will be accepted which bear a date more than six
				months before the date of the petition.
(b) In lieu of the submission of signed
				authorization or membership applications, an adequate showing of interest may
				be demonstrated by submission of proof satisfactory to SMCS that
(1) The petitioner held a contract covering
				employees in a utility or facility at the time of its acquisition by the
				district;
(2) And the district
				assumed such collective bargaining agreement pursuant to the provisions of any
				contract of acquisition or the terms of the act;
(3) And the proposed unit is identical with
				the unit established in such collective bargaining
				agreement.
California Code of Regulations › Title 8 - Industrial Relations › Division 3 - Public Employment Relations Board › Chapter 9 - Procedures Under Specified Transit District Acts and Laws › Section 93020 - Consent Election Agreements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Where a petition has been duly filed, the district and any
				  individuals or labor organization may, with the approval of SMCS, enter into a
				  consent election agreement. Such agreement shall include a description of the
				  appropriate unit, the time and place of the election, and the payroll period to
				  be used in determining what employees within the appropriate unit shall be
				  eligible to vote. Such consent election shall be conducted under the direction
				  and supervision of SMCS and in accordance with Sections
				  93070 and
				  93075 below. SMCS shall issue to
				  the parties a certification of the results of the election, including a
				  certification of representative where appropriate.
Note: Authority cited: Sections
					 3541.3(g)
					 and
					 3603,
					 Government Code; and Sections 30751, 40122, 70122, 90300, 98162.5, 100301,
					 101344, 102403, 103401, 120505 and 125521, Appendix 1, Section 4.4, and
					 Appendix 2, Section 13.91, Public Utilities Code. Reference: Sections 4.4,
					 13.91,
					 25052,
					 28851,
					 30751,
					 40122,
					 50121,
					 70122,
					 90300,
					 95651,
					 98162.5,
					 100301,
					 101344,
					 102403,
					 103401,
					 120505
					 and
					 125521,
					 Public Utilities Code. Additional reference: Labor Management Relations Act,
					 1947, Section 9, 29 USC
					 Section 159;
					 29 CFR Sections
					 102.60-102.72.
Note: Authority cited: Sections
					 3541.3(g)
					 and
					 3603,
					 Government Code; and Sections
					 30751,
					 40122,
					 70122,
					 90300,
					 98162.5,
					 100301,
					 101344,
					 102403,
					 103401,
					 120505 and
					 125521, Appendix 1, Section
					 4.4, and Appendix 2, Section
					 13.91,
					 Public Utilities Code. Reference: Sections
					 4.4,
					 13.91,
					 25052,
					 28851,
					 30751,
					 40122,
					 50121,
					 70122,
					 90300,
					 95651,
					 98162.5,
					 100301,
					 101344,
					 102403,
					 103401,
					 120505
					 and
					 125521,
					 Public Utilities Code. Additional reference: Labor Management Relations Act,
					 1947, Section
					 9,
					 29 USC Section
					 159;
					 29 CFR Sections
					 102.60-102.72.
California Code of Regulations › Title 8 - Industrial Relations › Division 3 - Public Employment Relations Board › Chapter 9 - Procedures Under Specified Transit District Acts and Laws › Section 93030 - Conduct of Hearings

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				Hearings shall be conducted by a hearing officer appointed by the Director and
				shall be open to the public unless otherwise ordered by the hearing officer. It
				shall be the duty of the hearing officer to inquire fully into all matters in
				issue and necessary to obtain a full and complete record upon which SMCS, the
				Director, the hearing officer, or the Board may discharge their duties under
				the Laws described in Section
				93000. A hearing officer may be
				substituted by the Director at any time.
(b) The hearing officer may, in their
				discretion, continue the hearing from day to day, or adjourn it to a later date
				or to a different place, by announcement thereof at a hearing or by other
				appropriate notice.
(c) All
				motions, including motions for intervention pursuant to Section
				93035 below, shall be in writing,
				or if made at the hearing may be stated orally on the record, and shall briefly
				state the action or relief sought and the grounds for such motion. Motions
				shall be filed with the hearing officer, and a copy thereof shall immediately
				be served by the moving party upon each of the other parties to the proceeding.
				The hearing officer shall rule either orally on the record or in writing upon
				all motions, including all motions to dismiss a petition.
Note: Authority cited: Sections
					 3541.3(g)
					 and
					 3603,
					 Government Code; and Sections 30751, 40122, 70122, 90300, 98162.5, 100301,
					 101344, 102403, 103401, 120505 and 125521, Appendix 1, Section 4.4 and Appendix
					 2, Section 13.91, Public Utilities Code. Reference: Sections 4.4, 13.91,
					 25052,
					 28851,
					 30751,
					 40122,
					 50121,
					 70122,
					 90300,
					 95651,
					 98162.5,
					 100301,
					 101344,
					 102403,
					 103401,
					 120505
					 and
					 125521,
					 Public Utilities Code; Labor Management Relations Act, 1947, Section 9;
					 29 USC Section
					 159; and
					 29 CFR Sections
					 102.60-102.72.
Note: Authority cited: Sections
					 3541.3(g)
					 and
					 3603,
					 Government Code; and Sections
					 30751,
					 40122,
					 70122,
					 90300,
					 98162.5,
					 100301,
					 101344,
					 102403,
					 103401,
					 120505 and
					 125521, Appendix 1, Section
					 4.4 and Appendix 2, Section
					 13.91,
					 Public Utilities Code. Reference: Sections
					 4.4,
					 13.91,
					 25052,
					 28851,
					 30751,
					 40122,
					 50121,
					 70122,
					 90300,
					 95651,
					 98162.5,
					 100301,
					 101344,
					 102403,
					 103401,
					 120505
					 and
					 125521,
					 Public Utilities Code; Labor Management Relations Act, 1947, Section
					 9;
					 29 USC Section
					 159; and
					 29 CFR Sections
					 102.60-102.72.
California Code of Regulations › Title 8 - Industrial Relations › Division 3 - Public Employment Relations Board › Chapter 9 - Procedures Under Specified Transit District Acts and Laws › Section 93050 - Briefs

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The hearing officer shall upon request allow parties to file
				  briefs following the completion of the hearing. Copies of such briefs shall be
				  concurrently served upon all parties.
Note: Authority cited: Sections
					 3541.3(g)
					 and
					 3603,
					 Government Code; and Sections 30751, 40122, 70122, 90300, 98162.5, 100301,
					 101344, 102403, 103401, 120505 and 125521, Appendix 1, Section 4.4, and
					 Appendix 2, Section 13.91, Public Utilities Code. Reference: Sections 4.4,
					 13.91,
					 25052,
					 28851,
					 30751,
					 40122,
					 50121,
					 70122,
					 90300,
					 95651,
					 98162.5,
					 100301,
					 101344,
					 102403,
					 103401,
					 120505
					 and
					 125521,
					 Public Utilities Code. Additional reference: Labor Management Relations Act,
					 1947, Section 9, 29 USC
					 Section 159;
					 29 CFR Sections
					 102.60-102.72.
Note: Authority cited: Sections
					 3541.3(g)
					 and
					 3603,
					 Government Code; and Sections
					 30751,
					 40122,
					 70122,
					 90300,
					 98162.5,
					 100301,
					 101344,
					 102403,
					 103401,
					 120505 and
					 125521, Appendix 1, Section
					 4.4, and Appendix 2, Section
					 13.91,
					 Public Utilities Code. Reference: Sections
					 4.4,
					 13.91,
					 25052,
					 28851,
					 30751,
					 40122,
					 50121,
					 70122,
					 90300,
					 95651,
					 98162.5,
					 100301,
					 101344,
					 102403,
					 103401,
					 120505
					 and
					 125521,
					 Public Utilities Code. Additional reference: Labor Management Relations Act,
					 1947, Section
					 9,
					 29 USC Section
					 159;
					 29 CFR Sections
					 102.60-102.72.
California Code of Regulations › Title 8 - Industrial Relations › Division 3 - Public Employment Relations Board › Chapter 9 - Procedures Under Specified Transit District Acts and Laws › Section 93055 - Duties of Hearing Officer Following Hearing

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Upon the close of a hearing, the hearing officer shall as
				  expeditiously as possible prepare a proposed decision and order which shall
				  include a written analysis of the record and of the arguments of the parties,
				  findings of fact and a determination upon the issues submitted to the hearing
				  officer. If the hearing officer determines that an election is to be held, the
				  hearing officer shall set forth the appropriate unit or units within which such
				  election(s) shall be held and the categories of employees who shall be eligible
				  to vote in such unit or units. The original of such proposed decision and
				  order, together with the petition or petitions, notices of hearing, written
				  motions, rulings or orders, the transcript of the hearing, stipulations,
				  exhibits and documentary evidence, affidavits of service, depositions, and
				  briefs or other legal memoranda submitted by the parties--shall constitute the
				  record in the proceedings and shall promptly be forwarded to the Director by
				  the hearing officer. The decision of the hearing officer shall be final if not
				  appealed as set forth in Section
				  93060. A copy of the proposed
				  decision and order shall concurrently be served upon each of the parties by the
				  hearing officer.
Note: Authority cited: Sections
					 3541.3(g)
					 and
					 3603,
					 Government Code; and Sections 30751, 40122, 70122, 90300, 98162.5, 100301,
					 101344, 102403, 103401, 120505 and 125521, Appendix 1, Section 4.4 and Appendix
					 2, Section 13.91, Public Utilities Code. Reference: Sections 4.4, 13.91,
					 25052,
					 28851,
					 30751,
					 40122,
					 50121,
					 70122,
					 90300,
					 95651,
					 98162.5,
					 100301,
					 101344,
					 102403,
					 103401,
					 120505
					 and
					 125521,
					 Public Utilities Code. Additional reference: Labor Management Relations Act,
					 1947, Secion 9; 29 USC
					 Section 159; and
					 29 CFR Sections
					 102.60-102.72.
Note: Authority cited: Sections
					 3541.3(g)
					 and
					 3603,
					 Government Code; and Sections
					 30751,
					 40122,
					 70122,
					 90300,
					 98162.5,
					 100301,
					 101344,
					 102403,
					 103401,
					 120505 and
					 125521, Appendix 1, Section
					 4.4 and Appendix 2, Section
					 13.91,
					 Public Utilities Code. Reference: Sections
					 4.4,
					 13.91,
					 25052,
					 28851,
					 30751,
					 40122,
					 50121,
					 70122,
					 90300,
					 95651,
					 98162.5,
					 100301,
					 101344,
					 102403,
					 103401,
					 120505
					 and
					 125521,
					 Public Utilities Code. Additional reference: Labor Management Relations Act,
					 1947, Secion 9; 29 USC
					 Section 159; and
					 29 CFR Sections
					 102.60-102.72.
California Code of Regulations › Title 8 - Industrial Relations › Division 3 - Public Employment Relations Board › Chapter 9 - Procedures Under Specified Transit District Acts and Laws › Section 93060 - Exceptions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Within twenty (20) days from the date of service of the
				  proposed decision and order, any party may file with the Board itself
				  exceptions to the proposed decision in accordance with Section
				  32300.
Note: Authority cited: Sections
					 3541.3(g)
					 and
					 3603,
					 Government Code; and Sections 30751, 40122, 70122, 90300, 98162.5, 100301,
					 101344, 102403, 103401, 120505 and 125521, Appendix 1, Section 4.4, and
					 Appendix 2, Section 13.91, Public Utilities Code. Reference: Sections 4.4,
					 13.91,
					 25052,
					 28851,
					 30751,
					 40122,
					 50121,
					 70122,
					 90300,
					 95651,
					 98162.5,
					 100301,
					 101344,
					 102403,
					 103401,
					 120505
					 and
					 125521,
					 Public Utilities Code. Additional reference: Labor Management Relations Act,
					 1947, Section 9, 29 USC
					 Section 159;
					 29 CFR Sections
					 102.60-102.72.
Note: Authority cited: Sections
					 3541.3(g)
					 and
					 3603,
					 Government Code; and Sections
					 30751,
					 40122,
					 70122,
					 90300,
					 98162.5,
					 100301,
					 101344,
					 102403,
					 103401,
					 120505 and
					 125521, Appendix 1, Section
					 4.4, and Appendix 2, Section
					 13.91,
					 Public Utilities Code. Reference: Sections
					 4.4,
					 13.91,
					 25052,
					 28851,
					 30751,
					 40122,
					 50121,
					 70122,
					 90300,
					 95651,
					 98162.5,
					 100301,
					 101344,
					 102403,
					 103401,
					 120505
					 and
					 125521,
					 Public Utilities Code. Additional reference: Labor Management Relations Act,
					 1947, Section
					 9,
					 29 USC Section
					 159;
					 29 CFR Sections
					 102.60-102.72.
California Code of Regulations › Title 8 - Industrial Relations › Division 3 - Public Employment Relations Board › Chapter 9 - Procedures Under Specified Transit District Acts and Laws › Section 93065 - Determination

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The provisions of Sections
				  32300 through
				  32320, and Sections
				  32400 and
				  32410, shall be applicable to
				  disputes arising under this Chapter. If the Board determines that an election
				  is to be held, the Board shall order such election within such unit or units as
				  have been found to be appropriate, and shall determine the categories of
				  employees who shall be eligible to vote in such unit or units. A copy of the
				  decision and order of the Board shall be served upon each of the
				  parties.
Note: Authority cited: Sections
					 3541.3(g)
					 and
					 3603,
					 Government Code; and Sections 30751, 40122, 70122, 90300, 98162.5, 100301,
					 101344, 102403, 103401, 120505 and 125521, Appendix 1, Section 4.4, and
					 Appendix 2, Section 13.91, Public Utilities Code. Reference: Sections 4.4,
					 13.91,
					 25052,
					 28851,
					 30751,
					 40122,
					 50121,
					 70122,
					 90300,
					 95651,
					 98162.5,
					 100301,
					 101344,
					 102403,
					 103401,
					 120505
					 and
					 125521,
					 Public Utilities Code. Additional reference: Labor Management Relations Act,
					 1947, Section 9, 29 USC
					 Section 159;
					 29 CFR Sections
					 102.60-102.72.
Note: Authority cited: Sections
					 3541.3(g)
					 and
					 3603,
					 Government Code; and Sections
					 30751,
					 40122,
					 70122,
					 90300,
					 98162.5,
					 100301,
					 101344,
					 102403,
					 103401,
					 120505 and
					 125521, Appendix 1, Section
					 4.4, and Appendix 2, Section
					 13.91,
					 Public Utilities Code. Reference: Sections
					 4.4,
					 13.91,
					 25052,
					 28851,
					 30751,
					 40122,
					 50121,
					 70122,
					 90300,
					 95651,
					 98162.5,
					 100301,
					 101344,
					 102403,
					 103401,
					 120505
					 and
					 125521,
					 Public Utilities Code. Additional reference: Labor Management Relations Act,
					 1947, Section
					 9,
					 29 USC Section
					 159;
					 29 CFR Sections
					 102.60-102.72.
California Code of Regulations › Title 8 - Industrial Relations › Division 3 - Public Employment Relations Board › Chapter 9 - Procedures Under Specified Transit District Acts and Laws › Section 93080 - Relevant Federal Law

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
In resolving questions of representation, the Board shall
				  apply the relevant federal law and administrative practice developed under the
				  Labor Management Relations Act, 1947, as amended.
Note: Authority cited: Sections
					 3541.3(g)
					 and
					 3603,
					 Government Code; and Sections 30751, 40122, 70122, 90300, 98162.5, 100301,
					 101344, 102403, 103401, 120505 and 125521, Appendix 1, Section 4.4, and
					 Appendix 2, Section 13.91, Public Utilities Code. Reference: Sections 4.4,
					 13.91,
					 25052,
					 28851,
					 30751,
					 40122,
					 50121,
					 70122,
					 90300,
					 95651,
					 98162.5,
					 100301,
					 101344,
					 102403,
					 103401,
					 120505
					 and
					 125521,
					 Public Utilities Code. Additional reference: Labor Management Relations Act,
					 1947, Section 9, 29 USC
					 Section 159;
					 29 CFR Sections
					 102.60-102.72.
Note: Authority cited: Sections
					 3541.3(g)
					 and
					 3603,
					 Government Code; and Sections
					 30751,
					 40122,
					 70122,
					 90300,
					 98162.5,
					 100301,
					 101344,
					 102403,
					 103401,
					 120505 and
					 125521, Appendix 1, Section
					 4.4, and Appendix 2, Section
					 13.91,
					 Public Utilities Code. Reference: Sections
					 4.4,
					 13.91,
					 25052,
					 28851,
					 30751,
					 40122,
					 50121,
					 70122,
					 90300,
					 95651,
					 98162.5,
					 100301,
					 101344,
					 102403,
					 103401,
					 120505
					 and
					 125521,
					 Public Utilities Code. Additional reference: Labor Management Relations Act,
					 1947, Section
					 9,
					 29 USC Section
					 159;
					 29 CFR Sections
					 102.60-102.72.
California Code of Regulations › Title 8 - Industrial Relations › Division 3 - Public Employment Relations Board › Chapter 10 - Judicial Council Employer-Employee Relations Act › Article 1 - General Provisions › Section 95045 - Conduct of Hearing; Issuance of Proposed Decision. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Note: Authority cited: Sections
						3541.3(g)
						and 110015, Government Code. Reference: Sections
						3541.3,
						110015, 110019, 110027 and 110035, Government Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 3 - Public Employment Relations Board › Chapter 10 - Judicial Council Employer-Employee Relations Act › Article 2 - Petition for Certification › Section 95170 - Determination of Proof of Support. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Note: Authority cited: Sections
						3541.3(g)
						and 110015, Government Code. Reference: Sections
						3541.3,
						110008, 110015 and 110027, Government Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 3 - Public Employment Relations Board › Chapter 10 - Judicial Council Employer-Employee Relations Act › Article 2 - Petition for Certification › Section 95180 - Employer Response Regarding Petition for Certification. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Note: Authority cited: Sections
						3541.3(g)
						and 110015, Government Code. Reference: Sections
						3541.3,
						110008, 110015 and 110027, Government Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 3 - Public Employment Relations Board › Chapter 10 - Judicial Council Employer-Employee Relations Act › Article 2 - Petition for Certification › Section 95190 - Amendment of Petition for Certification. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Note: Authority cited: Sections
						3541.3(g)
						and 110015, Government Code. Reference: Sections
						3541.3,
						110008, 110015 and 110027, Government Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 3 - Public Employment Relations Board › Chapter 10 - Judicial Council Employer-Employee Relations Act › Article 3 - Rescission of Agency Shop Agreement or Provision [Repealed] › Section 95300 - Employee Petition. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Note: Authority cited: Sections
						3541.3(g)
						and 110015, Government Code. Reference: Sections
						3541.3,
						110015 and 110019, Government Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 3 - Public Employment Relations Board › Chapter 10 - Judicial Council Employer-Employee Relations Act › Article 3 - Rescission of Agency Shop Agreement or Provision [Repealed] › Section 95310 - Board Determination Regarding Proof of Support. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Note: Authority cited: Sections
						3541.3(g)
						and 110015, Government Code. Reference: Sections
						3541.3,
						110015 and 110019, Government Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 3 - Public Employment Relations Board › Chapter 10 - Judicial Council Employer-Employee Relations Act › Article 3 - Rescission of Agency Shop Agreement or Provision [Repealed] › Section 95320 - Employee Vote. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Note: Authority cited: Sections
						3541.3(g)
						and 110015, Government Code. Reference: Sections
						3541.3,
						110015 and 110019, Government Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 3 - Public Employment Relations Board › Chapter 10 - Judicial Council Employer-Employee Relations Act › Article 3 - Rescission of Agency Shop Agreement or Provision [Repealed] › Section 95330 - Bar to Rescission. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Note: Authority cited: Sections
						3541.3(g)
						and 110015, Government Code. Reference: Sections
						3541.3,
						110015 and 110019, Government Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 3 - Public Employment Relations Board › Chapter 10 - Judicial Council Employer-Employee Relations Act › Subchapter 1 - Representation Procedures › Article 1 - General Provisions › Section 95000 - Window Period

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
"Window period" means the 29-day period which is less
						than 120 days, but more than 90 days, prior to the expiration date of a
						memorandum of understanding between the employer and the exclusive
						representative. The memorandum of understanding expiration means the last
						effective date of the memorandum of understanding. Notwithstanding the
						provisions of Section
						32130, the date on which the
						memorandum of understanding expires shall not be counted for the purpose of
						computing the window period.
1. New
						chapter 10 (subchapter 1), subchapter 1 (articles 1-3), article 1 (sections
						95000-95090) and section filed
						4-18-2023; operative 7-1-2023 (Register 2023, No. 16). For prior history of
						chapter 10 (articles 1-3, sections
						95000-95330), see Register 2018,
						No. 19.
Note: Authority cited: Section
						  3524.52(a),
						  Government Code. Reference: Sections
						  3524.52(a)
						  and
						  3524.74,
						  Government Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 3 - Public Employment Relations Board › Chapter 10 - Judicial Council Employer-Employee Relations Act › Subchapter 1 - Representation Procedures › Article 1 - General Provisions › Section 95010 - Statement of Interest

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Any employee organization which is not the exclusive
						representative of certain employees but which desires notice of filing of any
						certification, severance, decertification or unit modification petition or
						issuance of notice of hearing, decision or intent to conduct election affecting
						such employees may file a statement of interest with PERB. Such statement shall
						be in writing and shall include a list of the employment classes which the
						employee organization has an interest in representing. The statement of
						interest shall remain valid for 12 months and may be renewed in writing
						thereafter.
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
						  3524.74,
						  Government Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 3 - Public Employment Relations Board › Chapter 10 - Judicial Council Employer-Employee Relations Act › Subchapter 1 - Representation Procedures › Article 1 - General Provisions › Section 95020 - Parties

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
" Parties" means the Judicial Council, the employee
						organization which is the exclusive representative of any employee covered by a
						petition or intervention, any employee organization known to have an interest
						in representing any employees as demonstrated by having filed a current
						statement of interest pursuant to Section
						95010, any petitioner that has
						filed a valid petition pursuant to Section
						95030 or
						95100, and any employee
						organization that has filed a valid election intervention pursuant to Section
						95210.
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
						  3524.74,
						  Government Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 3 - Public Employment Relations Board › Chapter 10 - Judicial Council Employer-Employee Relations Act › Subchapter 1 - Representation Procedures › Article 1 - General Provisions › Section 95030 - Petition for Certification

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) An employee organization may file a
					 petition for certification to become the exclusive representative of an
					 appropriate unit consisting of a group of employees who are not included in an
					 established unit which is represented by an exclusive representative. The
					 petition for certification shall be filed with PERB, be signed by an authorized
					 agent of the employee organization, and include the following information:
(1) The name, address, e-mail address, and
					 telephone number of the employer; and the name, address, e-mail address, and
					 telephone number of the employer's authorized agent;
(2) A description of the unit claimed to be
					 appropriate, including the classifications and positions to be included and
					 those to be excluded;
(3) A
					 statement that the petition for certification is accompanied by proof of at
					 least 30 percent support of the employees in the unit claimed to be
					 appropriate;
(4) The approximate
					 number of employees in the unit claimed to be appropriate;
(5) The name, address, e-mail address, and
					 telephone number of the employee organization; and the name, address, e-mail
					 address, and telephone number of the employee organization's authorized agent;
					 and
(6) The name, address, e-mail
					 address, and telephone number of any other employee organization, if any, known
					 to have an interest in representing the employees covered by the
					 unit.
California Code of Regulations › Title 8 - Industrial Relations › Division 3 - Public Employment Relations Board › Chapter 10 - Judicial Council Employer-Employee Relations Act › Subchapter 1 - Representation Procedures › Article 1 - General Provisions › Section 95040 - Posting Notice of Petition for Certification

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The employer shall post a notice of the
					 petition for certification as soon as possible but in no event later than 15
					 days following service of a copy of the petition. The notice shall only include
					 the following information:
(1) The case
					 number assigned by PERB to the petition for certification;
(2) The date the notice was posted by the
					 employer;
(3) The date the petition
					 for certification was filed with PERB;
(4) The name, address, e-mail address, and
					 telephone number of the employee organization filing the petition for
					 certification;
(5) A statement that
					 the petition for certification is based on the claim that at least 30 percent
					 of the employees in the unit claimed to be appropriate wish to be represented
					 by the petitioning employee organization;
(6) The name, address, e-mail address, and
					 telephone number of the employer;
(7) The final date for posting the notice;
					 and
(8) A signature of an
					 authorized agent of the employer.
California Code of Regulations › Title 8 - Industrial Relations › Division 3 - Public Employment Relations Board › Chapter 10 - Judicial Council Employer-Employee Relations Act › Subchapter 1 - Representation Procedures › Article 1 - General Provisions › Section 95050 - Determination of Proof of Support

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Within 20 days of the date of service of
					 a copy of the petition for certification, the employer shall file with PERB an
					 alphabetical list, including job titles or classifications, of the employees
					 employed in the claimed unit as of the last date of the payroll period
					 immediately preceding the date the petition was filed, unless otherwise
					 directed by the Board.
(b) If,
					 after initial determination pursuant to Section
					 32700 that the proof of support is
					 insufficient, the Board shall allow up to 10 days to perfect the proof of
					 support.
(c) Upon completion of the
					 review of the proof of support, the Board shall inform the parties in writing
					 of the final determination as to sufficiency or lack thereof regarding the
					 proof of support. The petition shall be dismissed if the Board determines that
					 the petition lacks sufficient proof of support.
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
						  3524.74,
						  Government Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 3 - Public Employment Relations Board › Chapter 10 - Judicial Council Employer-Employee Relations Act › Subchapter 1 - Representation Procedures › Article 1 - General Provisions › Section 95060 - Withdrawal of Petition for Certification

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Any petition for certification may be withdrawn by an
						authorized representative of the employee organization that filed it at any
						time prior to the issuance of a final decision by the Board. Such withdrawal
						shall be filed with PERB. Service and proof of service of the withdrawal
						pursuant to Section
						32140 are required.
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
						  3524.74,
						  Government Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 3 - Public Employment Relations Board › Chapter 10 - Judicial Council Employer-Employee Relations Act › Subchapter 1 - Representation Procedures › Article 1 - General Provisions › Section 95070 - Amendment of Petition for Certification

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A petition for certification may be
					 amended to correct technical errors or to add or delete job classifications
					 from the proposed unit at any time prior to the issuance of a notice of
					 hearing, or notice of intent to conduct an election. The amendment shall be
					 filed with PERB and include the information required in Section
					 95030(a). Service
					 and proof of service of the amendment pursuant to Section
					 32140 are required.
(b) In addition to the requirements specified
					 in subsection (a), amendments to add new job classifications to a proposed unit
					 shall be subject to the following:
(1)
					 Additional proof of support, if needed to maintain standing as a petitioner,
					 shall be filed with PERB concurrently with the amendment.
(2) An employer response to the amended
					 petition shall be filed with PERB within 15 days following the service of the
					 Board determination of adequacy of proof submitted in support of the petition,
					 unless otherwise directed by the Board. The response shall conform to the
					 requirements for employer responses as set forth in Section
					 95080(c).
California Code of Regulations › Title 8 - Industrial Relations › Division 3 - Public Employment Relations Board › Chapter 10 - Judicial Council Employer-Employee Relations Act › Subchapter 1 - Representation Procedures › Article 1 - General Provisions › Section 95080 - Employer Response Regarding Petition for Certification

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Within 15 days following service of a
					 Board determination finding sufficient proof submitted in support of the
					 petition for certification, the employer shall file a written response with
					 PERB.
(b) Service and proof of
					 service of the response pursuant to Section
					 32140 are required.
(c) The employer shall include the following
					 information in its response regarding a petition for certification:
(1) The name, address, e-mail address, and
					 telephone number of the employer; and the name, address, e-mail address, and
					 telephone number of the employer's authorized agent;
(2) Employer position regarding the petition
					 for certification:
(A) Does the employer
					 reasonably doubt the appropriateness of the unit proposed by the petitioner? If
					 so, what classifications or positions remain in dispute? What is the employer's
					 position regarding the dispute?
(B)
					 Does the employer believe that there are other reasons why a representation
					 election should not be held in the proposed unit? If so, please fully
					 explain.
California Code of Regulations › Title 8 - Industrial Relations › Division 3 - Public Employment Relations Board › Chapter 10 - Judicial Council Employer-Employee Relations Act › Subchapter 1 - Representation Procedures › Article 1 - General Provisions › Section 95090 - Board Investigation

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Whenever a petition for certification 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 for certification 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) Any of the employees in the claimed unit
					 are currently included in any established bargaining unit and are represented
					 by an exclusive representative; 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 for
					 certification; or
(4) The petition
					 for certification was filed either after a notice of hearing or, where no
					 hearing has been held, notice of intent to conduct an election covering any of
					 the employees in the unit proposed by the petitioner has been issued by the
					 Board.