California Code of Regulations › Title 8 - Industrial Relations › Division 3 - Public Employment Relations Board › Chapter 1 - Public Employment Relations Board › Subchapter 6 - Representation Proceedings › Article 2 - Elections › Section 32754 - Bar to Conducting Election

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Board shall dismiss a petition requiring a
						representation election if it determines:
(a) Under the EERA, either that the
					 conditions of Government Code Section
					 3544.7(b)(1) or
					 (2) exist or that a representation election
					 result has been certified affecting the described unit or a portion thereof
					 within the 12 months immediately preceding the date of filing of the petition;
					 or
(b) Under the Dills Act, (1)
					 there is currently in effect a memorandum of understanding between the employer
					 and another employee organization recognized or certified as the exclusive
					 representative of any employees covered by a petition requiring an election,
					 unless the petition is filed less than 242 days but more than 212 days prior to
					 the expiration date of such memorandum or the end of the third year of such
					 memorandum, provided that if such memorandum has been in effect for three years
					 or more, there shall be no restriction as to time of filing the petition; or,
					 (2) that a representation 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; or
(c) Under the HEERA, either of the conditions
					 of Government Code Section
					 3577(b)(1) or
					 (2) exist; or
(d) Under the TEERA, either of the conditions
					 of Public Utilities Code Section
					 99564.4(b)(1) or
					 (2) exist; or
(e) Under the JCEERA, (1) there is currently
					 in effect a memorandum of understanding between the employer and another
					 employee organization recognized or certified as the exclusive representative
					 of any employees covered by a petition requiring an election, unless the
					 petition is filed less than 120 days but more than 90 days prior to the
					 expiration date of such memorandum or the end of the third year of such
					 memorandum, provided that if such memorandum has been in effect for three years
					 or more, there shall be no restriction as to time of filing the petition; or,
					 (2) a representation election result has been certified affecting the described
					 unit or a subdivision thereof within the 12 months immediately preceding the
					 date of the filing of the petition.
1.
						Amendment filed 6-18-80; effective thirtieth day thereafter (Register 80, No.
						25).
2. Editorial correction of NOTE filed 9-20-82; effective upon
						filing pursuant to Government Code Section
						11346.2(d)
						(Register 82, No. 39).
3. Amendment of subsection (b) filed
						12-13-88; operative 1-1-89 (Register 88, No. 53).
4. Amendment of
						subsection (c) filed 1-8-99; operative 2-7-99 (Register 99, No.
						2).
5. Change without regulatory effect amending subsections (a) and
						(b) and NOTE filed 2-15-2001 pursuant to section
						100, title 1, California Code of
						Regulations (Register 2001, No. 7).
6. Amendment of subsection (c),
						new subsection (d) and amendment of NOTE filed 2-2-2004 as an emergency;
						operative 2-2-2004 (Register 2004, No. 6). A Certificate of Compliance must be
						transmitted to OAL by 6-1-2004 or emergency language will be repealed by
						operation of law on the following day.
7. Certificate of Compliance
						as to 2-2-2004 order transmitted to OAL 5-4-2004 and filed 6-8-2004 (Register
						2004, No. 24).
8. Amendment of subsection (d), new subsection (e)
						and amendment of NOTE filed 12-6-2013 as an emergency; operative 12-6-2013
						pursuant to Government Code section
						110035.5
						(Register 2013, No. 51). This regulatory action is deemed an emergency exempt
						from OAL review and was filed directly by the agency with the Secretary of
						State pursuant to Government Code section
						110035.5.
						A Certificate of Compliance must be transmitted to OAL by 6-4-2014 or emergency
						language will be repealed by operation of law on the following
						day.
9. Certificate of Compliance as to 12-6-2013 order transmitted
						to OAL 5-29-2014 and filed 7-10-2014 (Register 2014, No. 28).
10.
						Change without regulatory effect amending subsection (d), repealing subsection
						(e) and amending NOTE filed 5-8-2018 pursuant to section
						100, title 1, California Code of
						Regulations (Register 2018, No. 19).
11. Amendment of subsection
						(d), new subsection (e) and amendment of NOTE filed 4-18-2023; operative
						7-1-2023 (Register 2023, No. 16).
Note: Authority cited: Sections
						  3513(h),
						  3524.52(a),
						  3541.3(g)
						  and
						  3563(f),
						  Government Code; and Section
						  99561(f),
						  Public Utilities Code. Reference: Sections
						  3513(h),
						  3520.5(b),
						  3524.52(a),
						  3524.74(a),
						  3524.74(b),
						  3524.74(d),
						  3541.3(c),
						  3544.1(a),
						  3544.3,
						  3544.7(a),
						  3546,
						  3563(c),
						  3574(a),
						  3577,
						  3579(e)
						  and
						  3583.5,
						  Government Code; and Sections
						  99561(c),
						  99561(k),
						  99564,
						  99564.1,
						  99564.2,
						  99564.3,
						  99564.4
						  and
						  99566.1,
						  Public Utilities Code.