reglab/statecodes huggingface dataset:
California Code of Regulations › Title 8 - Industrial Relations › Division 3 - Public Employment Relations Board › Chapter 6 - Representation Proceedings Under Public Utilities Code Transit District Acts › Subchapter 3 - Representation Proceedings Under Public Utilities Code Transit Labor Relations Acts Other than TEERA › Article 9 - Representation Elections › Section 72215 - Certification of Exclusive Representative

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
If an employee organization receives a majority of the
						valid votes cast, then SMCS shall certify that employee organization as the
						exclusive representative.
Note: Authority cited: Sections
						  3541.3(g)
						  and
						  3603,
						  Government Code; and Sections 30751, 40122, 70122, 90300, 98162.5, 100301,
						  101344, 102403, 103401, 120505, 125521, Appendix 1, Section 4.4 and Appendix 2,
						  Section 13.91, Public Utilities Code. Reference: Sections 25052, 28851, 30751,
						  40122, 50121, 70122, 90300, 95651, 98162.5, 100301, 101344, 102403, 103401,
						  120505, 125521, Appendix 1, Section 4.4 and Appendix 2, Section 13.91, Public
						  Utilities Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 3 - Public Employment Relations Board › Chapter 6 - Representation Proceedings Under Public Utilities Code Transit District Acts › Subchapter 3 - Representation Proceedings Under Public Utilities Code Transit Labor Relations Acts Other than TEERA › Article 10 - Unit Determination › Section 72220 - Unit Criteria

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) In
					 each case where the appropriateness of a unit is an issue, in determining an
					 appropriate unit, SMCS shall take into consideration all of the following
					 criteria:
(1) The internal and occupational
					 community of interest among the employees, including, but not limited to, the
					 extent to which they perform functionally related services or work toward
					 established common goals, the history of employee representation with the
					 employer, the extent to which the employees belong to the same employee
					 organization, the extent to which the employees have common skills, working
					 conditions, job duties, or similar educational or training requirements, and
					 the extent to which the employees have common supervision.
(2) Any other traditional community of
					 interest factors.
(3) The effect of
					 the proposed unit on employees' right to effective representation.
(4) The effect of the proposed unit on the
					 efficient operation of the transit district and on meet and confer
					 relationships, including the impact of unnecessary fragmentation of employee
					 groups or unwarranted proliferation of units, as well as any material effect on
					 the employer's ability to deal effectively with an employee organization
					 representing the unit.
California Code of Regulations › Title 8 - Industrial Relations › Division 3 - Public Employment Relations Board › Chapter 6 - Representation Proceedings Under Public Utilities Code Transit District Acts › Subchapter 3 - Representation Proceedings Under Public Utilities Code Transit Labor Relations Acts Other than TEERA › Article 11 - Relevant Federal Law › Section 72225 - Relevant Federal Law

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
In resolving questions of representation, to the extent
						required by the PUC transit employer's enabling act, SMCS and the Board shall,
						as appropriate, apply or be guided by relevant federal law and administrative
						practice developed under the Labor Management Relations Act, 1947, as
						amended.
Note: Authority cited: Sections
						  3541.3(g)
						  and
						  3603,
						  Government Code; and Sections 30751, 40122, 70122, 90300, 98162.5, 100301,
						  101344, 102403, 103401, 120505, 125521, Appendix 1, Section 4.4 and Appendix 2,
						  Section 13.91, Public Utilities Code. Reference: Sections 25052, 28851, 30751,
						  40122, 50121, 70122, 90300, 95651, 98162.5, 100301, 101344, 102403, 103401,
						  120505, 125521, Appendix 1, Section 4.4 and Appendix 2, Section 13.91, Public
						  Utilities Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 3 - Public Employment Relations Board › Chapter 7 - Trial Court Employment Protection and Governance Act › Article 1 - General Provisions › Section 81000 - Application of Regulations

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Except as otherwise ordered pursuant to Chapter 1, the
					 Board will conduct representation proceedings under the Trial Court Act in
					 accordance with the applicable provisions of this Chapter only where a trial
					 court has not adopted local rules in accordance with Government Code Section
					 71636,
					 71636.3 or
					 71637.1.
1. New
					 chapter 7 (articles 1-8), article 1 (sections
					 81000-81090) and section filed
					 8-30-2004 as an emergency; operative 8-30-2004 (Register 2004, No. 36). A
					 Certificate of Compliance must be transmitted to OAL by 12-28-2004 or emergency
					 language will be repealed by operation of law on the following
					 day.
2. New chapter 7 (articles 1-8), article 1 (sections
					 81000-81090) and section refiled
					 12-27-2004 as an emergency; operative 12-29-2004 (Register 2004, No. 53). A
					 Certificate of Compliance must be transmitted to OAL by 4-28-2005 or emergency
					 language will be repealed by operation of law on the following
					 day.
3. Certificate of Compliance as to 12-27-2004 order transmitted
					 to OAL 4-26-2005 and filed 5-31-2005 (Register 2005, No.
					 22).
Note: Authority cited: Sections
						3541.3(g)
						and
						71639.1(b),
						Government Code. Reference: Sections
						3541.3,
						71632.5,
						71636,
						71636.3,
						71637,
						71637.1
						and
						71639.1,
						Government Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 3 - Public Employment Relations Board › Chapter 7 - Trial Court Employment Protection and Governance Act › Article 1 - General Provisions › Section 81005 - Parties

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
"Parties" means the trial court, the employee organization
					 that is the exclusive or majority representative of any employee covered by a
					 petition, any employee organization known to have an interest in representing
					 any employees as demonstrated by having filed a pending petition, and/or any
					 group of trial court employees which has filed a pending petition pursuant to
					 Government Code Section
					 71632.5(b)
					 or
					 71636.
1. New
					 section filed 8-30-2004 as an emergency; operative 8-30-2004 (Register 2004,
					 No. 36). A Certificate of Compliance must be transmitted to OAL by 12-28-2004
					 or emergency language will be repealed by operation of law on the following
					 day.
2. New section refiled 12-27-2004 as an emergency; operative
					 12-29-2004 (Register 2004, No. 53). A Certificate of Compliance must be
					 transmitted to OAL by 4-28-2005 or emergency language will be repealed by
					 operation of law on the following day.
3. Certificate of Compliance
					 as to 12-27-2004 order transmitted to OAL 4-26-2005 and filed 5-31-2005
					 (Register 2005, No. 22).
Note: Authority cited: Sections
						3541.3(g)
						and
						71639.1(b),
						Government Code. Reference: Sections
						3541.3,
						71632.5,
						71636,
						71636.3,
						71637,
						71637.1
						and
						71639.1,
						Government Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 3 - Public Employment Relations Board › Chapter 7 - Trial Court Employment Protection and Governance Act › Article 1 - General Provisions › Section 81010 - Window Period

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
"Window period" means the 29-day period which is less than
					 120 days but more than 90 days prior to the expiration date of a lawful
					 memorandum of understanding negotiated by the public agency and the exclusive
					 representative. Expiration date means the last effective date of the
					 memorandum. Notwithstanding the provisions of Section
					 32130, the date on which the
					 memorandum of understanding expires shall not be counted for the purpose of
					 computing the window period.
1. New
					 section filed 8-30-2004 as an emergency; operative 8-30-2004 (Register 2004,
					 No. 36). A Certificate of Compliance must be transmitted to OAL by 12-28-2004
					 or emergency language will be repealed by operation of law on the following
					 day.
2. New section refiled 12-27-2004 as an emergency; operative
					 12-29-2004 (Register 2004, No. 53). A Certificate of Compliance must be
					 transmitted to OAL by 4-28-2005 or emergency language will be repealed by
					 operation of law on the following day.
3. Certificate of Compliance
					 as to 12-27-2004 order, including amendment of NOTE, transmitted to OAL
					 4-26-2005 and filed 5-31-2005 (Register 2005, No. 22).
4. Amendment
					 filed 4-11-2006; operative 5-11-2006 (Register 2006, No.
					 15).
Note: Authority cited: Sections
						3541.3(g)
						and
						71639.1(b),
						Government Code. Reference: Sections
						3541.3,
						71636,
						71636.3,
						71637,
						71637.1
						and
						71639.1,
						Government Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 3 - Public Employment Relations Board › Chapter 7 - Trial Court Employment Protection and Governance Act › Article 1 - General Provisions › Section 81020 - Proof of Support. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
					 section filed 8-30-2004 as an emergency; operative 8-30-2004 (Register 2004,
					 No. 36). A Certificate of Compliance must be transmitted to OAL by 12-28-2004
					 or emergency language will be repealed by operation of law on the following
					 day.
2. New section refiled 12-27-2004 as an emergency; operative
					 12-29-2004 (Register 2004, No. 53). A Certificate of Compliance must be
					 transmitted to OAL by 4-28-2005 or emergency language will be repealed by
					 operation of law on the following day.
3. Certificate of Compliance
					 as to 12-27-2004 order transmitted to OAL 4-26-2005 and filed 5-31-2005
					 (Register 2005, No. 22).
4. Amendment designating and amending
					 former subsection (a) as subsection (a)(1), new subsections (a)(2)-(a)(3) and
					 amendment of subsection (e) filed 11-29-2007; operative 12-29-2007 (Register
					 2007, No. 48).
5. Change without regulatory effect repealing
					 subsection (a)(3) filed 7-31-2019 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2019, No. 31).
6. Repealer filed 1-14-2021;
					 operative 2-15-2021 pursuant to Government Code section
					 11343.4(b)(3)
					 (Register 2021, No. 3).
Note: Authority cited: Sections
						3541.3(g)
						and
						71639.1(b),
						Government Code. Reference: Sections
						3541.3,
						71632.5,
						71636,
						71636.3,
						71637,
						71637.1
						and
						71639.1,
						Government Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 3 - Public Employment Relations Board › Chapter 7 - Trial Court Employment Protection and Governance Act › Article 1 - General Provisions › Section 81030 - Withdrawal of a Petition

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Any petition may be withdrawn by the petitioner in writing
					 at any time prior to a final decision by the Board. Service and proof of
					 service of the withdrawal pursuant to Section
					 32140 are
					 required.
1. New
					 section filed 8-30-2004 as an emergency; operative 8-30-2004 (Register 2004,
					 No. 36). A Certificate of Compliance must be transmitted to OAL by 12-28-2004
					 or emergency language will be repealed by operation of law on the following
					 day.
2. New section refiled 12-27-2004 as an emergency; operative
					 12-29-2004 (Register 2004, No. 53). A Certificate of Compliance must be
					 transmitted to OAL by 4-28-2005 or emergency language will be repealed by
					 operation of law on the following day.
3. Certificate of Compliance
					 as to 12-27-2004 order transmitted to OAL 4-26-2005 and filed 5-31-2005
					 (Register 2005, No. 22).
Note: Authority cited: Sections
						3541.3(g)
						and
						71639.1(b),
						Government Code. Reference: Sections
						3541.3,
						71632.5,
						71636,
						71636.3,
						71637,
						71637.1
						and
						71639.1,
						Government Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 3 - Public Employment Relations Board › Chapter 7 - Trial Court Employment Protection and Governance Act › Article 1 - General Provisions › Section 81040 - Informal Conference

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A Board agent may conduct an informal
				  conference to clarify the issues and explore settlement of the case. No record
				  shall be made at such a conference.
(b) A Board agent shall give reasonable
				  notice of such conference to each party directed to attend.
1. New
					 section filed 8-30-2004 as an emergency; operative 8-30-2004 (Register 2004,
					 No. 36). A Certificate of Compliance must be transmitted to OAL by 12-28-2004
					 or emergency language will be repealed by operation of law on the following
					 day.
2. New section refiled 12-27-2004 as an emergency; operative
					 12-29-2004 (Register 2004, No. 53). A Certificate of Compliance must be
					 transmitted to OAL by 4-28-2005 or emergency language will be repealed by
					 operation of law on the following day.
3. Certificate of Compliance
					 as to 12-27-2004 order transmitted to OAL 4-26-2005 and filed 5-31-2005
					 (Register 2005, No. 22).
Note: Authority cited: Sections
						3541.3(g)
						and
						71639.1(b),
						Government Code. Reference: Sections
						3541.3,
						71632.5,
						71636,
						71636.3,
						71637,
						71637.1
						and
						71639.1,
						Government Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 3 - Public Employment Relations Board › Chapter 7 - Trial Court Employment Protection and Governance Act › Article 1 - General Provisions › Section 81050 - Notice of Hearing

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
If the Board determines that a hearing is necessary, the
					 Board shall serve a notice of hearing on each party. The notice shall state the
					 date, time and place of the hearing.
1. New
					 section filed 8-30-2004 as an emergency; operative 8-30-2004 (Register 2004,
					 No. 36). A Certificate of Compliance must be transmitted to OAL by 12-28-2004
					 or emergency language will be repealed by operation of law on the following
					 day.
2. New section refiled 12-27-2004 as an emergency; operative
					 12-29-2004 (Register 2004, No. 53). A Certificate of Compliance must be
					 transmitted to OAL by 4-28-2005 or emergency language will be repealed by
					 operation of law on the following day.
3. Certificate of Compliance
					 as to 12-27-2004 order transmitted to OAL 4-26-2005 and filed 5-31-2005
					 (Register 2005, No. 22).
Note: Authority cited: Sections
						3541.3(g)
						and
						71639.1(b),
						Government Code. Reference: Sections
						3541.3,
						71632.5,
						71636,
						71636.3,
						71637,
						71637.1
						and
						71639.1,
						Government Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 3 - Public Employment Relations Board › Chapter 7 - Trial Court Employment Protection and Governance Act › Article 1 - General Provisions › Section 81055 - Conduct of Hearing; Issuance of Proposed Decision

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Hearings shall be conducted and proposed decisions shall be
					 issued pursuant to procedures set forth in Chapter 1, Subchapter 3 of these
					 Regulations.
1. New
					 section filed 8-30-2004 as an emergency; operative 8-30-2004 (Register 2004,
					 No. 36). A Certificate of Compliance must be transmitted to OAL by 12-28-2004
					 or emergency language will be repealed by operation of law on the following
					 day.
2. New section refiled 12-27-2004 as an emergency; operative
					 12-29-2004 (Register 2004, No. 53). A Certificate of Compliance must be
					 transmitted to OAL by 4-28-2005 or emergency language will be repealed by
					 operation of law on the following day.
3. Certificate of Compliance
					 as to 12-27-2004 order transmitted to OAL 4-26-2005 and filed 5-31-2005
					 (Register 2005, No. 22).
Note: Authority cited: Sections
						3541.3(g)
						and
						71639.1(b),
						Government Code. Reference: Sections
						3541.3,
						71632.5,
						71636,
						71636.3,
						71637,
						71637.1
						and
						71639.1,
						Government Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 3 - Public Employment Relations Board › Chapter 7 - Trial Court Employment Protection and Governance Act › Article 1 - General Provisions › Section 81060 - Administrative Decision

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Any determination rendered without a hearing shall be
					 issued in accordance with Section
					 32350 and may be appealed pursuant
					 to Section 32360 of these
					 Regulations.
1. New
					 section filed 8-30-2004 as an emergency; operative 8-30-2004 (Register 2004,
					 No. 36). A Certificate of Compliance must be transmitted to OAL by 12-28-2004
					 or emergency language will be repealed by operation of law on the following
					 day.
2. New section refiled 12-27-2004 as an emergency; operative
					 12-29-2004 (Register 2004, No. 53). A Certificate of Compliance must be
					 transmitted to OAL by 4-28-2005 or emergency language will be repealed by
					 operation of law on the following day.
3. Certificate of Compliance
					 as to 12-27-2004 order transmitted to OAL 4-26-2005 and filed 5-31-2005
					 (Register 2005, No. 22).
Note: Authority cited: Sections
						3541.3(g)
						and
						71639.1(b),
						Government Code. Reference: Sections
						3541.3,
						71632.5,
						71636,
						71636.3,
						71637,
						71637.1
						and
						71639.1,
						Government Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 3 - Public Employment Relations Board › Chapter 7 - Trial Court Employment Protection and Governance Act › Article 1 - General Provisions › Section 81065 - Elections in Consent Units

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
At any time prior to a final decision of the Board
					 regarding an appropriate unit, the parties may mutually agree upon an
					 appropriate unit and request the Board to conduct a consent election. The
					 conduct of an election in a consent unit should not be interpreted to mean that
					 the Board would find the unit in question to be an appropriate unit in a
					 disputed case.
1. New
					 section filed 8-30-2004 as an emergency; operative 8-30-2004 (Register 2004,
					 No. 36). A Certificate of Compliance must be transmitted to OAL by 12-28-2004
					 or emergency language will be repealed by operation of law on the following
					 day.
2. New section refiled 12-27-2004 as an emergency; operative
					 12-29-2004 (Register 2004, No. 53). A Certificate of Compliance must be
					 transmitted to OAL by 4-28-2005 or emergency language will be repealed by
					 operation of law on the following day.
3. Certificate of Compliance
					 as to 12-27-2004 order transmitted to OAL 4-26-2005 and filed 5-31-2005
					 (Register 2005, No. 22).
Note: Authority cited: Sections
						3541.3(g)
						and
						71639.1(b),
						Government Code. Reference: Sections
						3541.3,
						71636,
						71636.3,
						71637,
						71637.1
						and
						71639.1,
						Government Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 3 - Public Employment Relations Board › Chapter 7 - Trial Court Employment Protection and Governance Act › Article 1 - General Provisions › Section 81070 - Decisions of the Board Itself

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Procedures before the Board itself shall be in accordance
					 with Chapter 1, Subchapter 4, Articles 1 through 4 of these
					 Regulations.
1. New
					 section filed 8-30-2004 as an emergency; operative 8-30-2004 (Register 2004,
					 No. 36). A Certificate of Compliance must be transmitted to OAL by 12-28-2004
					 or emergency language will be repealed by operation of law on the following
					 day.
2. New section refiled 12-27-2004 as an emergency; operative
					 12-29-2004 (Register 2004, No. 53). A Certificate of Compliance must be
					 transmitted to OAL by 4-28-2005 or emergency language will be repealed by
					 operation of law on the following day.
3. Certificate of Compliance
					 as to 12-27-2004 order transmitted to OAL 4-26-2005 and filed 5-31-2005
					 (Register 2005, No. 22).
Note: Authority cited: Sections
						3541.3(g)
						and
						71639.1(b),
						Government Code. Reference: Sections
						3541.3,
						71632.5,
						71636,
						71636.3,
						71637,
						71637.1
						and
						71639.1,
						Government Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 3 - Public Employment Relations Board › Chapter 7 - Trial Court Employment Protection and Governance Act › Article 1 - General Provisions › Section 81075 - Notice of Decision

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
When the Board itself issues a decision or when a hearing
					 officer decision becomes final, the Board shall serve the decision and a notice
					 of decision on the parties.
1. New
					 section filed 8-30-2004 as an emergency; operative 8-30-2004 (Register 2004,
					 No. 36). A Certificate of Compliance must be transmitted to OAL by 12-28-2004
					 or emergency language will be repealed by operation of law on the following
					 day.
2. New section refiled 12-27-2004 as an emergency; operative
					 12-29-2004 (Register 2004, No. 53). A Certificate of Compliance must be
					 transmitted to OAL by 4-28-2005 or emergency language will be repealed by
					 operation of law on the following day.
3. Certificate of Compliance
					 as to 12-27-2004 order transmitted to OAL 4-26-2005 and filed 5-31-2005
					 (Register 2005, No. 22).
Note: Authority cited: Sections
						3541.3(g)
						and
						71639.1(b),
						Government Code. Reference: Sections
						3541.3,
						71632.5,
						71636,
						71636.3,
						71637,
						71637.1
						and
						71639.1,
						Government Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 3 - Public Employment Relations Board › Chapter 7 - Trial Court Employment Protection and Governance Act › Article 1 - General Provisions › Section 81080 - Conduct of Elections; Eligibility to Appear on Ballot

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) If the Board determines that a
				  Board-conducted election is necessary, the election shall be conducted in
				  accordance with Article 2 of this Chapter.
(b) Any employee organization which filed a
				  valid petition or which became a party to a representation case may appear on
				  the election ballot, provided that the organization has evidenced to the
				  satisfaction of the Board at least 30 percent support in the appropriate unit.
				  If an election is directed by a PERB decision, each eligible employee
				  organization shall have 15 workdays from the date of service of the decision in
				  which to demonstrate at least 30 percent support in the unit found to be
				  appropriate by the Board.
(c) The
				  Board shall determine the sufficiency of the proof of support in accordance
				  with the provisions of Chapter 1, Section
				  32700 of these
				  Regulations.
1. New
					 section filed 8-30-2004 as an emergency; operative 8-30-2004 (Register 2004,
					 No. 36). A Certificate of Compliance must be transmitted to OAL by 12-28-2004
					 or emergency language will be repealed by operation of law on the following
					 day.
2. New section refiled 12-27-2004 as an emergency; operative
					 12-29-2004 (Register 2004, No. 53). A Certificate of Compliance must be
					 transmitted to OAL by 4-28-2005 or emergency language will be repealed by
					 operation of law on the following day.
3. Certificate of Compliance
					 as to 12-27-2004 order transmitted to OAL 4-26-2005 and filed 5-31-2005
					 (Register 2005, No. 22).
4. Amendment of subsection (c) filed
					 1-14-2021; operative 2-15-2021 pursuant to Government Code section
					 11343.4(b)(3)
					 (Register 2021, No. 3).
Note: Authority cited: Sections
						3541.3(g)
						and
						71639.1(b),
						Government Code. Reference: Sections
						3541.3,
						71632.5,
						71636,
						71636.3,
						71637,
						71637.1
						and
						71639.1,
						Government Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 3 - Public Employment Relations Board › Chapter 7 - Trial Court Employment Protection and Governance Act › Article 1 - General Provisions › Section 81090 - Recognition

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
If only one employee organization qualifies to appear on
					 the ballot and the organization has demonstrated proof of majority support in
					 the appropriate unit, the trial court shall grant
					 recognition.
1. New
					 section filed 8-30-2004 as an emergency; operative 8-30-2004 (Register 2004,
					 No. 36). A Certificate of Compliance must be transmitted to OAL by 12-28-2004
					 or emergency language will be repealed by operation of law on the following
					 day.
2. New section refiled 12-27-2004 as an emergency; operative
					 12-29-2004 (Register 2004, No. 53). A Certificate of Compliance must be
					 transmitted to OAL by 4-28-2005 or emergency language will be repealed by
					 operation of law on the following day.
3. Certificate of Compliance
					 as to 12-27-2004 order transmitted to OAL 4-26-2005 and filed 5-31-2005
					 (Register 2005, No. 22).
Note: Authority cited: Sections
						3541.3(g)
						and
						71639.1(b),
						Government Code. Reference: Sections
						3541.3,
						71636,
						71636.3,
						71637,
						71637.1
						and
						71639.1,
						Government Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 3 - Public Employment Relations Board › Chapter 7 - Trial Court Employment Protection and Governance Act › Article 2 - Elections › Section 81100 - Authority to Conduct Elections

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
An election shall be conducted when the Board issues a
					 decision directing an election or approves an agreement for a consent election
					 pursuant to the provisions of this Chapter. The Board shall determine the date,
					 time, place and manner of the election absent an approved agreement of the
					 parties.
1. New
					 article 2 (sections
					 81100-81200) and section filed
					 8-30-2004 as an emergency; operative 8-30-2004 (Register 2004, No. 36). A
					 Certificate of Compliance must be transmitted to OAL by 12-28-2004 or emergency
					 language will be repealed by operation of law on the following
					 day.
2. New article 2 (sections
					 81100-81200) and section refiled
					 12-27-2004 as an emergency; operative 12-29-2004 (Register 2004, No. 53). A
					 Certificate of Compliance must be transmitted to OAL by 4-28-2005 or emergency
					 language will be repealed by operation of law on the following
					 day.
3. Certificate of Compliance as to 12-27-2004 order transmitted
					 to OAL 4-26-2005 and filed 5-31-2005 (Register 2005, No.
					 22).
Note: Authority cited: Sections
						3541.3(g)
						and
						71639.1(b),
						Government Code. Reference: Sections
						3541.3,
						71632.5,
						71636,
						71636.3,
						71637,
						71637.1
						and
						71639.1,
						Government Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 3 - Public Employment Relations Board › Chapter 7 - Trial Court Employment Protection and Governance Act › Article 2 - Elections › Section 81105 - Ballot

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) All elections
				  shall be conducted by secret ballot under the supervision of the
				  Board.
(b) Ballots shall be
				  prepared under the supervision of the Board. The order of voting choices and
				  the wording of each ballot entry shall be determined by the Board absent an
				  approved agreement of the parties.
(c) Except in the case of a runoff election,
				  in which the ballot entries are determined pursuant to Section
				  81145, or an election conducted
				  pursuant to either Article 4 or 7 of this Chapter, the ballot entry of "No
				  Representation" shall appear on each ballot in a representation
				  election.
(d) At any time prior to
				  issuance of the notice of election (pursuant to Section
				  81110), an employee organization
				  may file a request with the regional office to have its name removed from the
				  ballot. The request shall disclaim any interest in representing the employees
				  in the described unit. Service and proof of service of the request pursuant to
				  Section 32140 are required.
1. New
					 section filed 8-30-2004 as an emergency; operative 8-30-2004 (Register 2004,
					 No. 36). A Certificate of Compliance must be transmitted to OAL by 12-28-2004
					 or emergency language will be repealed by operation of law on the following
					 day.
2. New section refiled 12-27-2004 as an emergency; operative
					 12-29-2004 (Register 2004, No. 53). A Certificate of Compliance must be
					 transmitted to OAL by 4-28-2005 or emergency language will be repealed by
					 operation of law on the following day.
3. Certificate of Compliance
					 as to 12-27-2004 order transmitted to OAL 4-26-2005 and filed 5-31-2005
					 (Register 2005, No. 22).
Note: Authority cited: Sections
						3541.3(g)
						and
						71639.1(b),
						Government Code. Reference: Sections
						3541.3,
						71632.5,
						71636,
						71636.3,
						71637,
						71637.1
						and
						71639.1,
						Government Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 3 - Public Employment Relations Board › Chapter 7 - Trial Court Employment Protection and Governance Act › Article 2 - Elections › Section 81110 - Directed Election Order/Consent Election Agreement; Notice of Election

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) When the Board
				  has determined that an election is required, the Board shall serve on the
				  employer and the parties a Directed Election Order containing specific
				  instructions regarding the conduct of the election. The Board may approve a
				  Consent Election Agreement of the parties regarding the conduct of an
				  election.
(b) Thereafter, the Board
				  shall serve a notice of election on the parties. The notice shall contain a
				  sample ballot, a description of the voting unit, and information regarding the
				  balloting process. Unless otherwise directed by the Board, the employer shall
				  post such notice conspicuously on all employee bulletin boards in each facility
				  of the employer in which members of the described unit are employed.
(c) The Board shall supply the employer with
				  sufficient copies of the notice for posting. The posting shall be accomplished
				  by the date specified in the Consent Election Agreement or the Directed
				  Election Order. The notice shall remain posted through the final day for
				  casting ballots.
1. New
					 section filed 8-30-2004 as an emergency; operative 8-30-2004 (Register 2004,
					 No. 36). A Certificate of Compliance must be transmitted to OAL by 12-28-2004
					 or emergency language will be repealed by operation of law on the following
					 day.
2. New section refiled 12-27-2004 as an emergency; operative
					 12-29-2004 (Register 2004, No. 53). A Certificate of Compliance must be
					 transmitted to OAL by 4-28-2005 or emergency language will be repealed by
					 operation of law on the following day.
3. Certificate of Compliance
					 as to 12-27-2004 order transmitted to OAL 4-26-2005 and filed 5-31-2005
					 (Register 2005, No. 22).
Note: Authority cited: Sections
						3541.3(g)
						and
						71639.1(b),
						Government Code. Reference: Sections
						3541.3,
						71632.5,
						71636,
						71636.3,
						71637,
						71637.1
						and
						71639.1,
						Government Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 3 - Public Employment Relations Board › Chapter 7 - Trial Court Employment Protection and Governance Act › Article 2 - Elections › Section 81115 - List of Voters

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) At
				  a date established by the Board, the employer shall file with the regional
				  office a list of names of all employees included in the voting unit as of the
				  cutoff date for voter eligibility. Unless otherwise directed by the Board, the
				  voter list for an on-site election shall be in alphabetical order by assigned
				  polling site and shall include the job title or classification, work location
				  and home address of each eligible voter. Unless otherwise directed by the
				  Board, the voter list for a mailed ballot election shall be in alphabetical
				  order and include the job title and home address of each eligible voter, and
				  shall be accompanied by two sets of name and home address labels for each
				  eligible voter.
(b) A list of
				  eligible voters which meets the requirements of subsection (a) above but which
				  contains in lieu of the home address a mailing address for each eligible voter
				  shall be concurrently served by the employer on each other party to the
				  election. Proof of service shall be filed with the regional office. For
				  purposes of this subsection, mailing address means the home address of each
				  eligible voter, except in the case where the release of the home address of the
				  employee is prohibited by law, or if the Board shall determine that the release
				  of home addresses is likely to be harmful to the employees.
(c) Any party which receives the mailing
				  addresses of eligible voters pursuant to this section shall keep these
				  addresses confidential and shall neither distribute them to any other
				  organization or individual nor utilize them for any other purpose.
1. New
					 section filed 8-30-2004 as an emergency; operative 8-30-2004 (Register 2004,
					 No. 36). A Certificate of Compliance must be transmitted to OAL by 12-28-2004
					 or emergency language will be repealed by operation of law on the following
					 day.
2. New section refiled 12-27-2004 as an emergency; operative
					 12-29-2004 (Register 2004, No. 53). A Certificate of Compliance must be
					 transmitted to OAL by 4-28-2005 or emergency language will be repealed by
					 operation of law on the following day.
3. Certificate of Compliance
					 as to 12-27-2004 order transmitted to OAL 4-26-2005 and filed 5-31-2005
					 (Register 2005, No. 22).
Note: Authority cited: Sections
						3541.3(g)
						and
						71639.1(b),
						Government Code. Reference: Sections
						3541.3,
						71632.5,
						71636,
						71636.3,
						71637,
						71637.1
						and
						71639.1,
						Government Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 3 - Public Employment Relations Board › Chapter 7 - Trial Court Employment Protection and Governance Act › Article 2 - Elections › Section 81120 - Voter Eligibility

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Unless otherwise directed by the Board, to be eligible to
					 vote in an election employees must be employed in the voting unit as of the
					 cutoff date for voter eligibility and still employed on the date they cast
					 their ballots in the election. Employees who are ill, on vacation, on leave of
					 absence or sabbatical, or temporarily laid off, and employees who are in the
					 military service of the United States shall be eligible to
					 vote.
1. New
					 section filed 8-30-2004 as an emergency; operative 8-30-2004 (Register 2004,
					 No. 36). A Certificate of Compliance must be transmitted to OAL by 12-28-2004
					 or emergency language will be repealed by operation of law on the following
					 day.
2. New section refiled 12-27-2004 as an emergency; operative
					 12-29-2004 (Register 2004, No. 53). A Certificate of Compliance must be
					 transmitted to OAL by 4-28-2005 or emergency language will be repealed by
					 operation of law on the following day.
3. Certificate of Compliance
					 as to 12-27-2004 order transmitted to OAL 4-26-2005 and filed 5-31-2005
					 (Register 2005, No. 22).
Note: Authority cited: Sections
						3541.3(g)
						and
						71639.1(b),
						Government Code. Reference: Sections
						3541.3,
						71632.5,
						71636,
						71636.3,
						71637,
						71637.1
						and
						71639.1,
						Government Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 3 - Public Employment Relations Board › Chapter 7 - Trial Court Employment Protection and Governance Act › Article 2 - Elections › Section 81125 - Observers

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Each party shall be allowed to station an authorized
					 observer selected from the employees of the employer at each polling site
					 during an on-site election to assist in the conduct of the election and to
					 challenge the eligibility of voters.
1. New
					 section filed 8-30-2004 as an emergency; operative 8-30-2004 (Register 2004,
					 No. 36). A Certificate of Compliance must be transmitted to OAL by 12-28-2004
					 or emergency language will be repealed by operation of law on the following
					 day.
2. New section refiled 12-27-2004 as an emergency; operative
					 12-29-2004 (Register 2004, No. 53). A Certificate of Compliance must be
					 transmitted to OAL by 4-28-2005 or emergency language will be repealed by
					 operation of law on the following day.
3. Certificate of Compliance
					 as to 12-27-2004 order transmitted to OAL 4-26-2005 and filed 5-31-2005
					 (Register 2005, No. 22).
Note: Authority cited: Sections
						3541.3(g)
						and
						71639.1(b),
						Government Code. Reference: Sections
						3541.3,
						71632.5,
						71636,
						71636.3,
						71637,
						71637.1
						and
						71639.1,
						Government Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 3 - Public Employment Relations Board › Chapter 7 - Trial Court Employment Protection and Governance Act › Article 2 - Elections › Section 81130 - Challenges

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) In an on-site
				  election, a Board agent or an authorized observer may challenge, for good
				  cause, the eligibility of a voter. A person so challenged shall be permitted to
				  cast a challenged ballot.
(b) In a
				  mailed ballot election, a Board agent or an authorized agent of any party to
				  the election may challenge, for good cause, the eligibility of a voter. Such
				  challenges shall be made prior to the tally of the ballots.
(c) When sufficient in number to affect the
				  outcome of the election, unresolved challenges shall be resolved by the
				  Board.
1. New
					 section filed 8-30-2004 as an emergency; operative 8-30-2004 (Register 2004,
					 No. 36). A Certificate of Compliance must be transmitted to OAL by 12-28-2004
					 or emergency language will be repealed by operation of law on the following
					 day.
2. New section refiled 12-27-2004 as an emergency; operative
					 12-29-2004 (Register 2004, No. 53). A Certificate of Compliance must be
					 transmitted to OAL by 4-28-2005 or emergency language will be repealed by
					 operation of law on the following day.
3. Certificate of Compliance
					 as to 12-27-2004 order transmitted to OAL 4-26-2005 and filed 5-31-2005
					 (Register 2005, No. 22).
Note: Authority cited: Sections
						3541.3(g)
						and
						71639.1(b),
						Government Code. Reference: Sections
						3541.3,
						71632.5,
						71636,
						71636.3,
						71637,
						71637.1
						and
						71639.1,
						Government Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 3 - Public Employment Relations Board › Chapter 7 - Trial Court Employment Protection and Governance Act › Article 2 - Elections › Section 81135 - Tally of Ballots

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Each party shall be allowed to station an authorized agent at the ballot count
				  to verify the tally of ballots.
(b)
				  At the conclusion of the counting of ballots, the Board shall serve a tally of
				  the ballots on each party.
(c)
				  Unless otherwise authorized by statute, a majority of the valid votes cast
				  shall determine the outcome of the election.
1. New
					 section filed 8-30-2004 as an emergency; operative 8-30-2004 (Register 2004,
					 No. 36). A Certificate of Compliance must be transmitted to OAL by 12-28-2004
					 or emergency language will be repealed by operation of law on the following
					 day.
2. New section refiled 12-27-2004 as an emergency; operative
					 12-29-2004 (Register 2004, No. 53). A Certificate of Compliance must be
					 transmitted to OAL by 4-28-2005 or emergency language will be repealed by
					 operation of law on the following day.
3. Certificate of Compliance
					 as to 12-27-2004 order transmitted to OAL 4-26-2005 and filed 5-31-2005
					 (Register 2005, No. 22).
Note: Authority cited: Sections
						3541.3(g)
						and
						71639.1(b),
						Government Code. Reference: Sections
						3541.3,
						71632.5,
						71636,
						71636.3,
						71637,
						71637.1
						and
						71639.1,
						Government Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 3 - Public Employment Relations Board › Chapter 7 - Trial Court Employment Protection and Governance Act › Article 2 - Elections › Section 81140 - Resolution of Challenges

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
When the tally of ballots discloses that the challenged
					 ballots are sufficient in number to affect the outcome of the election, the
					 Board agent shall conduct an investigation and, where appropriate, conduct a
					 hearing or take such other action as deemed necessary to determine the
					 eligibility of the challenged voters. Any determination made by a Board agent
					 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. New
					 section filed 8-30-2004 as an emergency; operative 8-30-2004 (Register 2004,
					 No. 36). A Certificate of Compliance must be transmitted to OAL by 12-28-2004
					 or emergency language will be repealed by operation of law on the following
					 day.
2. New section refiled 12-27-2004 as an emergency; operative
					 12-29-2004 (Register 2004, No. 53). A Certificate of Compliance must be
					 transmitted to OAL by 4-28-2005 or emergency language will be repealed by
					 operation of law on the following day.
3. Certificate of Compliance
					 as to 12-27-2004 order transmitted to OAL 4-26-2005 and filed 5-31-2005
					 (Register 2005, No. 22).
Note: Authority cited: Sections
						3541.3(g)
						and
						71639.1(b),
						Government Code. Reference: Sections
						3541.3,
						71632.5,
						71636,
						71636.3,
						71637,
						71637.1
						and
						71639.1,
						Government Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 3 - Public Employment Relations Board › Chapter 7 - Trial Court Employment Protection and Governance Act › Article 2 - Elections › Section 81145 - Runoff Elections

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
In a representation election, the Board shall direct a
					 runoff election when a valid election results in none of the choices receiving
					 a majority of the valid votes cast. The ballot for the runoff election shall
					 provide for a selection between the two ballot entries receiving the largest
					 and second largest number of valid votes cast in the
					 election.
1. New
					 section filed 8-30-2004 as an emergency; operative 8-30-2004 (Register 2004,
					 No. 36). A Certificate of Compliance must be transmitted to OAL by 12-28-2004
					 or emergency language will be repealed by operation of law on the following
					 day.
2. New section refiled 12-27-2004 as an emergency; operative
					 12-29-2004 (Register 2004, No. 53). A Certificate of Compliance must be
					 transmitted to OAL by 4-28-2005 or emergency language will be repealed by
					 operation of law on the following day.
3. Certificate of Compliance
					 as to 12-27-2004 order transmitted to OAL 4-26-2005 and filed 5-31-2005
					 (Register 2005, No. 22).
Note: Authority cited: Sections
						3541.3(g)
						and
						71639.1(b),
						Government Code. Reference: Sections
						3541.3,
						71636,
						71636.3,
						71637,
						71637.1
						and
						71639.1,
						Government Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 3 - Public Employment Relations Board › Chapter 7 - Trial Court Employment Protection and Governance Act › Article 2 - Elections › Section 81150 - Objections

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Within 10 days following the service of the tally of ballots, any party to the
				  election may file with the regional office objections to the conduct of the
				  election. Any objections must be filed within the 10 day time period whether or
				  not a runoff election is necessary or challenged ballots are sufficient in
				  number to affect the results of the election.
(b) Service and proof of service of the
				  objections pursuant to Section
				  32140 are required.
(c) Objections shall be entertained by the
				  Board only on the following grounds:
(1) The
				  conduct complained of interfered with the employees' right to freely choose a
				  representative, or
(2) Serious
				  irregularity in the conduct of the election.