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 4 - Decertification Petition › Section 32776 - Board Investigation/Election

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Upon receipt of a petition for
					 decertification, the Board shall investigate and, where appropriate, conduct a
					 hearing and/or an election or take such other action as necessary.
(b) The petition shall be dismissed if the
					 existing exclusive representative files a valid disclaimer of interest in
					 representing employees in the unit within 20 days of the date the petition is
					 filed with the regional office.
(c)
					 Under EERA, the petition shall be dismissed whenever either of the conditions
					 of Government Code Section
					 3544.7(b)(1) or
					 (2) exist or 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.
(d) Under Ralph C. Dills Act, the petition
					 shall be dismissed (1) whenever 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 during the window
					 period defined in Section
					 40130 of these regulations, 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) whenever 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.
(e) Under HEERA, the
					 petition shall be dismissed whenever either of the conditions of Government
					 Code Sections
					 3577(b)(1) or
					 (2) exist.
(f) Under TEERA, the petition shall be
					 dismissed whenever either of the conditions of Public Utilities Code Section
					 99564.4(b)(1) or
					 (2) exist.
(g) Under JCEERA, the petition shall be
					 dismissed (1) whenever 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 during the window
					 period defined in Section
					 95000 of these regulations, 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) whenever 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.
(h) The "window period"
					 in the term of an existing memorandum of understanding for filing a
					 decertification petition is defined for Ralph C. Dills Act in Section
					 40130, for HEERA in Section
					 51026, for TEERA in Section
					 71026, and for JCEERA in Section
					 95000 of these regulations. The
					 "window period" in the term of an existing lawful written agreement for filing
					 a decertification petition is defined for EERA in Section
					 33020 of these
					 regulations.
1.
						Amendment of subsections (c) and (e) filed 12-29-88; operative 1-28-89
						(Register 89, No. 4).
2. New subsection (b), subsection relettering
						and amendment of NOTE filed 1-26-95; operative 2-27-95 (Register 95, No.
						4).
3. Amendment of subsections (d) and (f) filed 1-8-99; operative
						2-7-99 (Register 99, No. 2).
4. Amendment of subsections (c) and
						(d), new subsection (f), subsection relettering, amendment of newly designated
						subsection (g) 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.
5. Certificate of Compliance
						as to 2-2-2004 order transmitted to OAL 5-4-2004 and filed 6-8-2004 (Register
						2004, No. 24).
6. New subsection (g), subsection relettering,
						amendment of newly designated subsection (h) 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.
7. Certificate of Compliance as to 12-6-2013 order transmitted
						to OAL 5-29-2014 and filed 7-10-2014 (Register 2014, No. 28).
8.
						Change without regulatory effect repealing subsection (g), relettering
						subsections and amending newly designated subsection (g) and NOTE filed
						5-8-2018 pursuant to section
						100, title 1, California Code of
						Regulations (Register 2018, No. 19).
9. New subsection (g),
						subsection relettering, amendment of redesignated subsection (h) 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),
						  3524.52(a),
						  3524.74(a),
						  3524.74(b),
						  3524.74(d),
						  3541.3(g),
						  3520.5 and
						  3563(k),
						  Government Code; and Sections
						  99561(k),
						  99564.3
						  and
						  99564.4,
						  Public Utilities Code.