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 3 - Request for Amendment of Certification › Section 32763 - Board Investigation

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Upon receipt of a request filed pursuant
					 to Section 32761, the Board shall conduct such
					 inquiries and investigations or hold such hearings as deemed necessary, and/or
					 conduct a representation election, in order to decide the questions raised by
					 the request.
(b) The Board may
					 dismiss the request if the requester has no standing to petition for the action
					 requested or if the request is improperly filed. The Board may deny a request
					 based on the investigation conducted pursuant to subsection (a)
					 above.
(c) Upon approval of a
					 request, the Board shall issue a certification reflecting the new identity of
					 the exclusive representative and/or employer. Such certification shall not be
					 considered to be a new certification for the purpose of computing time limits
					 pursuant to Section
					 32754 of these
					 regulations.
(d) Any determination
					 made by the Board pursuant to this section may be appealed to the Board itself
					 in accordance with the provisions of Chapter 1, Subchapter 4, Article 2 or 3 of
					 these regulations, as appropriate.
1.
						Amendment filed 9-20-82; effective upon filing pursuant to Government Code
						section
						11346.2(d)
						(Register 82, No. 39).
2. Amendment filed 10-10-85; effective
						thirtieth day thereafter (Register 85, No. 41).
3. Amendment of
						subsection (a) and NOTE filed 6-3-94; operative 7-5-94 (Register 94, No.
						22).
4. Change without regulatory effect amending subsection (d)
						filed 3-22-95 pursuant to section
						100, title 1, California Code of
						Regulations (Register 95, No. 12).
5. Amendment of subsection (c)
						filed 1-8-99; operative 2-7-99 (Register 99, No. 2).
6. Change
						without regulatory effect amending NOTE filed 2-15-2001 pursuant to section
						100, title 1, California Code of
						Regulations (Register 2001, No. 7).
7. Change without regulatory
						effect amending subsection (d) filed 5-20-2002 pursuant to section
						100, title 1, California Code of
						Regulations (Register 2002, No. 21).
8. 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.
9. Certificate of Compliance as to 2-2-2004 order transmitted
						to OAL 5-4-2004 and filed 6-8-2004 (Register 2004, No. 24).
10.
						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.
11. Certificate of Compliance as to 12-6-2013 order transmitted
						to OAL 5-29-2014 and filed 7-10-2014 (Register 2014, No. 28).
12.
						Change without regulatory effect amending NOTE filed 5-8-2018 pursuant to
						section 100, title 1, California Code of
						Regulations (Register 2018, No. 19).
13. 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(b),
						  3541.3(h),
						  3541.3(m),
						  3563(g)
						  and
						  3563(l),
						  Government Code; and Sections
						  99561(g)
						  and
						  99561(l),
						  Public Utilities Code.