California Code of Regulations › Title 8 - Industrial Relations › Division 3 - Public Employment Relations Board › Chapter 9 - Procedures Under Specified Transit District Acts and Laws › Section 93005 - Petition for Certification

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
				investigation of a question concerning representation of employees shall be
				initiated by the filing of a petition with SMCS. Such petition shall be called
				a petition for certification and is a petition which would arise under
				paragraph (1)(A)(i) and (1)(B) of Section
				9 C of the Labor-Management
				Relations Act. It may be filed by any employee or group of employees or any
				individual or labor organization acting on their behalf and claiming to
				represent a majority of the employees in an appropriate unit or by a district.
In the event any petition seeks to include employees covered
				  in whole or in part by an existing collective bargaining agreement between the
				  district and any labor organization, such petition in order to be considered
				  timely must be filed within the period 120 to 90 days, inclusive, prior to the
				  date such collective bargaining agreement is subject to termination, amendment
				  or modification.
(b)
				Petition for Decertification. The investigation of a question concerning
				representation, alleging an individual or labor organization which has been
				certified or is being currently recognized as the bargaining representative is
				no longer such representative shall be called a petition for decertification
				and is one of the type which would arise under paragraph (1)(A)(ii) of Section
				9(c) of the
				Labor-Management Relations Act. It may be filed by any employee or group of
				employees or any individual or labor organization acting on their behalf and
				shall be filed as set forth in (a).
(c) Petition for clarification of an existing
				bargaining unit or petition for amendment of certification. A petition for
				clarification of an existing bargaining unit or a petition for amendment of
				certification, in the absence of a question concerning representation, is a
				petition which would arise under Section
				9(b) of the
				Labor-Management Relations Act. It may be filed by a labor organization or by a
				district and shall be filed with the service as set forth in (a).
Note: Authority cited: Sections
					 3541.3(g)
					 and
					 3603,
					 Government Code; and Sections 30751, 40122, 70122, 90300, 98162.5, 100301,
					 101344, 102403, 103401, 120505 and 125521, Appendix 1, Section 4.4, and
					 Appendix 2, Section 13.91, Public Utilities Code. Reference: Sections 4.4,
					 13.91,
					 25052,
					 28851,
					 30751,
					 40122,
					 50121,
					 70122,
					 90300,
					 95651,
					 98162.5,
					 100301,
					 101344,
					 102403,
					 103401,
					 120505
					 and
					 125521,
					 Public Utilities Code. Additional reference: Labor-Management Relations Act,
					 1947, Section 9, 29 USC
					 Section 159;
					 29 CFR Section
					 102.60-102.72.
Note: Authority cited: Sections
					 3541.3(g)
					 and
					 3603,
					 Government Code; and Sections
					 30751,
					 40122,
					 70122,
					 90300,
					 98162.5,
					 100301,
					 101344,
					 102403,
					 103401,
					 120505 and
					 125521, Appendix 1, Section
					 4.4, and Appendix 2, Section
					 13.91,
					 Public Utilities Code. Reference: Sections
					 4.4,
					 13.91,
					 25052,
					 28851,
					 30751,
					 40122,
					 50121,
					 70122,
					 90300,
					 95651,
					 98162.5,
					 100301,
					 101344,
					 102403,
					 103401,
					 120505
					 and
					 125521,
					 Public Utilities Code. Additional reference: Labor-Management Relations Act,
					 1947, Section
					 9,
					 29 USC Section
					 159;
					 29 CFR Section
					 102.60-102.72.