California Code of Regulations › Title 8 - Industrial Relations › Division 3 - Public Employment Relations Board › Chapter 4 - Higher Education Employer-Employee Relations Act › Subchapter 1 - Representation Procedures › Article 2 - Request for Recognition and Intervention › Section 51040 - Intervention

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Except as
					 provided in Section
					 51680(c), an
					 intervention by an employee organization shall be filed with the employer
					 within 15 workdays following the posting of a notice of a request for
					 recognition. A copy of the intervention shall be filed concurrently with the
					 regional office. The intervention shall be signed by an authorized agent of the
					 employee organization, and be on a form provided by the Board.
(b) Proof of at least 30 percent support of
					 the employees in the unit claimed to be appropriate by the intervenor shall be
					 filed with the regional office or with a mutually agreed upon third party
					 concurrent with the filing of the intervention. Proof of support is defined in
					 Chapter 1, Section
					 32700 of these
					 regulations.
(c) Concurrent with
					 the filing of the intervention, the employee organization shall serve a copy of
					 the intervention, excluding the proof of support, on the parties. Proof of
					 service pursuant to Section
					 32140 is required.
1.
						Amendment of subsection (b) filed 12-31-79 as an emergency; effective upon
						filing (Register 80, No. 1). A Certificate of Compliance must be filed within
						120 days or emergency language will be repealed on 4-30-80.
2.
						Repealed by operation of Section
						11422.1(c),
						Government Code (Register 80, No. 21).
3. Amendment of subsection
						(b) filed 5-21-80 as an emergency; effective upon filing (Register 80, No. 21).
						A Certificate of Compliance must be filed within 120 days or emergency language
						will be repealed on 9-19-80.
4. Certificate of Compliance filed
						6-18-80 (Register 80, No. 25). 5. Amendment filed 6-18-80; effective thirtieth
						day thereafter (Register 80, No. 25).
5. Amendment filed 9-20-82;
						effective upon filing pursuant to Government Code Section
						11346.2(d)
						(Register 82, No. 39).
6. Change without regulatory effect amending
						subsection (b) filed 3-22-95 pursuant to section
						100, title 1, California Code of
						Regulations (Register 95, No. 12).
7. Editorial correction
						renumbering HISTORY NOTES (Register 95, No. 32).
8. Change without
						regulatory effect amending subsection (a) filed 8-7-95 pursuant to section
						100, title 1, California Code of
						Regulations (Register 95, No. 32).
9. Amendment of subsection (b)
						and repealer of subsections (b)(1) and (b)(2) 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.
10. 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
						  3563(f),
						  Government Code. Reference: Sections
						  3563(c),
						  (l) and
						  3574(b),
						  Government Code.