California Code of Regulations › Title 8 - Industrial Relations › Division 2 - Agricultural Labor Relations Board › Chapter 3 - Procedure Under Chapter 5 of the Act for the Determination of Questions Concerning Representation of Employees › Section 20350 - Election Procedure

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) All
				elections shall be conducted under the supervision of the appropriate regional
				director. All elections shall be by secret ballot and shall be conducted at
				such times and places as may be ordered by the regional director. Reasonable
				discretion shall be allowed to the agent supervising the election to set the
				exact times and places to permit the maximum participation of the employees
				eligible to vote.
(b) Each party
				may be represented at the election by observers of its own choosing who should
				be designated at the pre-election conference, but in no event less than 24
				hours before the start of the election. Such observers must be non-supervisory
				employees of the employer, except the petitioner, if an employee, also may not
				be an observer. Other persons, with the exception of supervisors or the
				petitioner, may be observers if agreed to by all parties in writing. Observers
				so designated should not wear or display any written or printed campaign
				material or otherwise engage in any campaign activities on behalf of any party
				while acting as observers. The Board agent has the discretion to determine the
				number of observers which each party may have. Any party objecting to the
				observers designated by another party must register the objection and the
				reasons therefor with the Board agent supervising the election by the close of
				business the day immediately preceding the election. Failure to so register
				such objections will be construed as a waiver of the right to object to the
				conduct of the election on such ground. The regional director shall have the
				discretion to modify the time limits contained in this regulation where a
				strike election makes such limits impracticable or in other extraordinary
				circumstances.
(c) All parties
				shall be required, upon request by the regional director or the regional
				director's agent, to cooperate fully in the dissemination to potential voters
				of official Board notices of the filing of a petition and official Board
				notices of direction of an election and any other notices which, in the
				discretion of the regional director or the regional director's agent, are
				required to fully apprise potential voters of the time and location of an
				election.
(d) Unless otherwise
				directed by the regional director after consideration of the particular
				circumstances of a case, a pre-election conference shall be held in each case
				no later than 24 hours before the commencement of the election. Subject to the
				above limitation, the Board agent assigned to the election shall have
				discretion to set the time and place of the pre-election conference after
				consultation with the parties.
1. Amendment
				  of subsection (b) filed 3-14-78; effective thirtieth day thereafter (Register
				  78, No. 11).
2. Amendment of subsection (b) and new NOTE filed
				  7-8-99; operative 8-7-99 (Register 99, No. 28).
3. Amendment of
				  subsection (b) filed 5-9-2002; operative 6-8-2002 (Register 2002, No.
				  19).
4. Amendment of subsections (b)-(c) filed 8-29-2023; operative
				  10/1/2023 (Register 2023, No. 35).
Note: Authority cited: Section
					 1144, Labor
					 Code. Reference: Sections
					 1156.3,
					 1156.7 and
					 1157.2, Labor
					 Code.