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 1 - General Provisions › Article 3 - Petition for Certification › Section 71100 - Petition for Certification

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 Subject to the limitations expressed in Section
					 71140(b), a
					 petition for certification pursuant to Public Utilities Code Section
					 99564.2(c)
					 by an employee organization wishing to be certified by the Board as the
					 exclusive representative in an appropriate unit shall be filed with the
					 regional office. The petition shall be signed by an authorized agent of the
					 employee organization, and include the following information:
(1) The name, address and telephone number of
					 the employee organization and the name, address and telephone number of the
					 agent to be contacted;
(2) The
					 name, address and telephone number of the employer and the name, address and
					 telephone number of the agent to be contacted;
(3) A description of the proposed appropriate
					 unit, including the classifications and positions to be included and those to
					 be excluded;
(4) The approximate
					 number of employees in the proposed appropriate unit;
(5) The name and address of any other
					 employee organization, if any, known to have an interest in representing the
					 employees covered by 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 1 - General Provisions › Article 3 - Petition for Certification › Section 71110 - Determination of Proof of Support

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 Within 20 days of the date of service of a copy of the petition for
					 certification, the employer shall file with the regional office an alphabetical
					 list, including job titles or classifications, of the employees employed in the
					 claimed unit as of the last date of the payroll period immediately preceding
					 the date the petition was filed, unless otherwise directed by the
					 Board.
(b) If after initial
					 determination, the proof of support is insufficient, the Board may allow up to
					 10 days to perfect the proof of support.
(c) Upon completion of the review of the
					 proof of support, the Board shall inform the parties in writing of the
					 determination as to sufficiency or lack thereof regarding the proof of
					 support.
1. New
						section 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.
2. 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
						  99561(f),
						  Public Utilities Code. Reference: Sections
						  99561(k),
						  99564.2
						  and
						  99564.4,
						  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 1 - General Provisions › Article 3 - Petition for Certification › Section 71115 - Withdrawal of Petition for Certification

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Any petition for certification may be withdrawn by an
						authorized representative of the employee organization that filed it at any
						time prior to a final decision by the Board. Such withdrawal shall be filed
						with the regional office. Service and proof of service of the withdrawal
						pursuant to Section
						32140 are
						required.
1. New
						section 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.
2. 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
						  99561(f),
						  Public Utilities Code. Reference: Sections
						  99561(k),
						  99564.2
						  and
						  99564.4,
						  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 1 - General Provisions › Article 3 - Petition for Certification › Section 71120 - Amendment of Petition for Certification

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A
					 petition for certification may be amended to correct technical errors or to add
					 (subject to the limitations set forth in Section
					 71680(c)) or
					 delete job classifications from the proposed unit at any time prior to the
					 issuance of a notice of hearing, or notice of intent to conduct election. The
					 amendment shall be filed with the regional office and include the information
					 described in Section
					 71100(a). Service
					 and proof of service of the amendment pursuant to Section
					 32140 are required.
(b) In addition, amendments to add new job
					 classifications to a proposed unit shall be subject to the following:
(1) Additional proof of support, if needed to
					 maintain standing as a petitioner, shall be filed with the regional office
					 concurrently with the amendment.
(2) An employer response to the amended
					 petition shall be filed with the regional office within 15 days following the
					 service of the Board determination of adequacy of proof submitted in support of
					 the petition, unless otherwise directed by the Board. The response shall
					 conform to the requirements for employer responses as set forth in Section
					 71130.
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 1 - General Provisions › Article 3 - Petition for Certification › Section 71130 - Employer Response Regarding Petition for Certification

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 Within 15 days following service of the Board's determination regarding the
					 adequacy of proof submitted in support of the petition, the employer shall file
					 a written response with the regional office.
(b) Service and proof of service of the
					 response pursuant to Section
					 32140 are required.
(c) The employer shall include the following
					 information in its response regarding a petition for certification:
(1) Name, address and telephone number of the
					 employer and name, address and telephone number of the employer's agent to be
					 contacted;
(2) Employer position
					 regarding the petition for certification:
(A)
					 Does the employer reasonably doubt the appropriateness of the unit proposed by
					 the petitioner? If so, what classifications or positions remain in dispute?
					 What is the employer's position regarding the dispute?
(B) Does the employer believe that there are
					 other reasons why a representation election should not be held in the proposed
					 unit? If so, please fully explain.
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 1 - General Provisions › Article 4 - Board Investigation › Section 71140 - Board Investigation

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 Whenever a petition regarding a representation matter is filed with the Board
					 pursuant to Public Utilities Code section
					 99564.1
					 or
					 99564.2,
					 the Board shall investigate and, where appropriate, conduct a hearing and/or a
					 representation election, or take such other action as deemed necessary to
					 decide the questions raised by the petition.
(b) A petition shall be dismissed in part or
					 in whole whenever the Board determines that:
(1) The petitioner has no standing to
					 petition for the action requested; or
(2) There is currently in effect a memorandum
					 of understanding between the employer and another employee organization
					 recognized or certified as the exclusive representative of any employees
					 included in the unit described in the request for recognition, unless the
					 request for recognition is filed not more than 120 days and not less than 90
					 days prior to the expiration date of such memorandum of understanding, provided
					 that if such memorandum of understanding has been in effect for three years or
					 more, there shall be no such restriction as to the time of filing the request.
					 A petition filed not more than 120 days and not less than 90 days prior to the
					 expiration date of a memorandum of understanding must actually be received in
					 the manner set out in Section
					 32135 during the "window period" as
					 defined by Section
					 71025; or
(3) The employer has, within the previous 12
					 months, lawfully recognized an employee organization other than the petitioner
					 as the exclusive representative of any employees included in the unit described
					 in the petition; or
(4) A valid
					 election result has been certified affecting the described unit or a
					 subdivision thereof within the 12 months immediately preceding the date of
					 filing of the petition; or
(5) The
					 petition for Board investigation was filed either after a notice of hearing or,
					 where no hearing has been held, notice of intent to conduct election covering
					 any of the employees in the unit proposed by the petitioner has been issued by
					 the Board.
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 1 - General Provisions › Article 5 - Representation Hearings › Section 71210 - Notice of Representation Hearing

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Upon determining that a hearing is necessary, the Board
						shall serve a notice on all interested parties pursuant to Section
						71020. The notice shall state the
						date, time and place of the hearing. The notice shall also include information
						regarding how an employee organization may become a party to the
						hearing.
1. New
						section 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.
2. 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
						  99561(f),
						  Public Utilities Code. Reference: Sections
						  99561(a), (c), (g),
						  (k),
						  99564.1,
						  99564.2
						  and
						  99564.4,
						  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 1 - General Provisions › Article 5 - Representation Hearings › Section 71230 - Withdrawal of a Petition

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Any petition requesting action to resolve a
						representation dispute may be withdrawn by the petitioner in writing at any
						time prior to a final decision by the Board pursuant to a voluntary agreement
						between or among the parties regarding an appropriate unit.
1. New
						section 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.
2. 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
						  99561(f),
						  Public Utilities Code. Reference: Sections
						  99561(a), (c), (g),
						  (k),
						  99564.1,
						  99564.2
						  and
						  99564.4,
						  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 1 - General Provisions › Article 5 - Representation Hearings › Section 71235 - Notice of Decision

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Board shall serve on all interested parties pursuant
						to Section 71020 a notice of decision with
						either the decision of the Board itself or a final hearing officer
						decision.
1. New
						section 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.
2. 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
						  99561(f),
						  Public Utilities Code. Reference: Sections
						  99561(a), (c), (g),
						  (k),
						  99564.1,
						  99564.2
						  and
						  99564.4,
						  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 1 - General Provisions › Article 6 - Representation Elections › Section 71300 - Notice of Intent to Conduct Election

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Upon determination to conduct a representation election,
						other than an election directed by a Board decision, the Board shall issue a
						notice of intent to conduct election to all interested parties pursuant to
						Section 71020. A notice of decision
						pursuant to Section
						71235 which orders a representation
						election shall serve as a notice of intent to conduct
						election.
1. New
						article 6 (sections
						71300-71340) and section 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.
2. 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
						  99561(f),
						  Public Utilities Code. Reference: Sections
						  99561(c),
						  (k),
						  99564.1,
						  99564.2
						  and
						  99564.4,
						  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 1 - General Provisions › Article 6 - Representation Elections › Section 71310 - Intervention to Appear on Ballot

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 Within 15 workdays following issuance of a notice of intent to conduct election
					 in the appropriate unit, any employee organization, whether or not a party to
					 the unit hearing, may file an intervention to appear on ballot. The
					 intervention shall be filed with the regional office and include the following
					 information:
(1) The name, address and
					 telephone number of the employee organization and the name, address and
					 telephone number of the agent to be contacted;
(2) The name, address and telephone number of
					 the employer and the name, address and telephone number of the agent to be
					 contacted;
(3) A description of the
					 unit for which the intervention is filed.
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 1 - General Provisions › Article 6 - Representation Elections › Section 71320 - Board Determination Regarding Proof of Support

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 Within 20 days of issuance of a notice of intent to conduct election the
					 employer shall file with the regional office an alphabetical list, including
					 job titles or classifications of employees employed in the appropriate unit as
					 of the last date of the payroll period immediately preceding the date of
					 issuance of the notice of intent to conduct election, unless otherwise directed
					 by the Board.
(b) If, after initial
					 determination, the proof of support is insufficient, the Board may allow up to
					 10 days to perfect the showing of support.
(c) Upon completion of the review of the
					 showing of support, the Board shall inform the parties in writing of the
					 determination as to sufficiency or lack thereof regarding the proof of
					 support.
1. New
						section 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.
2. 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
						  99561(f),
						  Public Utilities Code. Reference: Sections
						  99561(c),
						  (k),
						  99564.1,
						  99564.2
						  and
						  99564.4,
						  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 1 - General Provisions › Article 7 - Severance Petition › Section 71680 - Severance Petition

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) An
					 employee organization may file a petition to become the exclusive
					 representative of a group of employees who are already members of a larger
					 established unit represented by an incumbent exclusive representative by filing
					 a request for recognition in accordance with the provision of Article 2
					 (commencing with Section
					 71030) or by filing a petition for
					 certification in accordance with the provisions of Article 3 (commencing with
					 Section 71100). In the case of a request
					 for recognition or intervention, all provisions of Article 2 and Article 4 of
					 this Subchapter shall be applicable to a severance request except as provided
					 in this Article 7. In the case of a petition for certification, all provisions
					 of Article 3 and Article 4 of this Subchapter shall be applicable to a
					 severance petition except as provided in this Article 7.
(b) Whenever the conditions of Public
					 Utilities Code Section
					 99564.1(c)
					 or
					 99564.4(b)(1)
					 exist, a severance petition, or any amendment to add classifications or
					 positions to a severance petition, must be filed in the manner set out in
					 Section 32135 during the "window period" as
					 defined by Section
					 71026.
1. New
						article 7 (sections
						71680-71685) and section 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.
2. 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
						  99561(f),
						  Public Utilities Code. Reference: Sections
						  99561(a), (c),
						  (k),
						  99564.1,
						  99564.2
						  and
						  99564.4,
						  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 1 - General Provisions › Article 7 - Severance Petition › Section 71685 - Response to Severance Petition

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 The employer and the exclusive representative of the established unit shall
					 file a responding statement supporting or opposing the severance petition
					 within 20 days following the date of service of the severance request. Service
					 and proof of service of the response pursuant to Section
					 32140 are required.
(b) The response shall be in writing, signed
					 by an authorized agent of the responding party and contain the following
					 information:
(1) The name, address and
					 telephone number of the respondent, and the name, address and telephone number
					 of the respondent agent to be contacted;
(2) A statement regarding the date the
					 incumbent exclusive representative was recognized or certified, and the
					 effective date and the expiration date of any current memorandum of
					 understanding covering employees in the established unit:
(3) A concise statement setting forth support
					 of or opposition to the unit proposed by the petition.
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 2 - Representation Procedures Under the los Angeles County Metropolitan Transportation Authority Transit Employer-Employee Relations Act › Article 1 - General Provisions › Section 71026 - Window Period. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Note: Authority cited: Section 99561(f), Public
						  Utilities Code. Reference: Sections 99564.1(c) and 99564.4(b)(1), 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 2 - Representation Procedures Under the los Angeles County Metropolitan Transportation Authority Transit Employer-Employee Relations Act › Article 1 - General Provisions › Section 71027 - List of Transit District Employee Mailing Addresses. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Note: Authority cited: Section 99561(f), Public
						  Utilities Code. Reference: Sections 99563, 99563.2, 99563.4 and 99566.1(f),
						  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 2 - Representation Procedures Under the los Angeles County Metropolitan Transportation Authority Transit Employer-Employee Relations Act › Article 1 - General Provisions › Section 71700 - Employee Petition. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
						subchapter 2 (articles 1-2, sections
						71700-71740), article 1 (sections
						71700-71720) and section 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.
2. Certificate of Compliance as to 2-2-2004 order transmitted
						to OAL 5-4-2004 and filed 6-8-2004 (Register 2004, No. 24).
3.
						Change without regulatory effect repealing subchapter 2 (articles 1-2, sections
						71700-71740), article 1 (sections
						71700-71720) and section filed
						7-31-2019 pursuant to section
						100, title 1, California Code of
						Regulations (Register 2019, No. 31).
Note: Authority cited: Section
						  99561(f),
						  Public Utilities Code. Reference: Section
						  99566.1,
						  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 2 - Representation Procedures Under the los Angeles County Metropolitan Transportation Authority Transit Employer-Employee Relations Act › Article 1 - General Provisions › Section 71710 - Board Determination Regarding Proof of Support. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
						section 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.
2. Certificate of Compliance as to 2-2-2004 order transmitted
						to OAL 5-4-2004 and filed 6-8-2004 (Register 2004, No. 24).
3.
						Change without regulatory effect repealing section filed 7-31-2019 pursuant to
						section 100, title 1, California Code of
						Regulations (Register 2019, No. 31).
Note: Authority cited: Section
						  99561(f),
						  Public Utilities Code. Reference: Section
						  99566.1,
						  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 2 - Representation Procedures Under the los Angeles County Metropolitan Transportation Authority Transit Employer-Employee Relations Act › Article 1 - General Provisions › Section 71715 - Employee Vote. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
						section 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.
2. Certificate of Compliance as to 2-2-2004 order transmitted
						to OAL 5-4-2004 and filed 6-8-2004 (Register 2004, No. 24).
3.
						Change without regulatory effect repealing section filed 7-31-2019 pursuant to
						section 100, title 1, California Code of
						Regulations (Register 2019, No. 31).
Note: Authority cited: Section
						  99561(f),
						  Public Utilities Code. Reference: Section
						  99566.1,
						  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 2 - Representation Procedures Under the los Angeles County Metropolitan Transportation Authority Transit Employer-Employee Relations Act › Article 1 - General Provisions › Section 71720 - Bar to Rescission Petition. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
						section 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.
2. Certificate of Compliance as to 2-2-2004 order transmitted
						to OAL 5-4-2004 and filed 6-8-2004 (Register 2004, No. 24).
3.
						Change without regulatory effect repealing section filed 7-31-2019 pursuant to
						section 100, title 1, California Code of
						Regulations (Register 2019, No. 31).
Note: Authority cited: Section
						  99561(f),
						  Public Utilities Code. Reference: Section
						  99566.1,
						  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 2 - Representation Procedures Under the los Angeles County Metropolitan Transportation Authority Transit Employer-Employee Relations Act › Article 2 - Request for Recognition and Intervention › Section 71030 - Request for Recognition

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A
					 request for recognition by an employee organization seeking to become the
					 exclusive representative of an appropriate unit shall be filed with the
					 employer.
(b) The parties may agree
					 that PERB or a third party shall determine the outcome of a request for
					 recognition based upon proof of support as defined in Section
					 32700 of these regulations, or the
					 employer may decline to enter into such an agreement if it has a good faith,
					 reasonable basis to doubt majority support, and in such instance the employer
					 instead may request that an investigation be conducted or an election be held
					 upon a showing of support from at least 30 percent of the unit in accordance
					 with Section
					 71090.
(c) If the parties agree that PERB or a third
					 party shall determine majority support, proof of majority support in the unit
					 claimed to be appropriate shall be filed with the regional office or with a
					 mutually agreed upon third party. Determination of proof of majority support,
					 if performed by PERB, shall be in accordance with Sections
					 71110 and
					 71120 of these
					 regulations.
Note: Authority cited: Section
						  99561(f),
						  Public Utilities Code. Reference: Sections
						  99561(k),
						  99564,
						  99564.1,
						  99564.2
						  and
						  99564.3,
						  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 2 - Representation Procedures Under the los Angeles County Metropolitan Transportation Authority Transit Employer-Employee Relations Act › Article 2 - Request for Recognition and Intervention › Section 71035 - Posting Notice of Request for Recognition

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 The employer shall prepare and post a notice of the request for recognition as
					 soon as possible but in no event later than 10 days following receipt of the
					 request.
(b) The notice shall be
					 posted conspicuously on all employee bulletin boards in each facility of the
					 employer in which members of the unit claimed to be appropriate are
					 employed.
(c) The notice shall
					 remain posted for 15 workdays.
(d)
					 The notice shall include a copy of the request for recognition, the date the
					 request was received, the date the notice is posted, the final date for
					 posting, the final date for intervention on the request, and the signature of
					 the employer's authorized agent.
(e) The employer shall serve a copy of the
					 notice on the requesting employee organization concurrent with the posting of
					 the notice. Proof of service pursuant to Section
					 32140 is required.
Note: Authority cited: Section 99561(f), Public
						  Utilities Code. Reference: Sections 99561(k) and 99564, 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 2 - Representation Procedures Under the los Angeles County Metropolitan Transportation Authority Transit Employer-Employee Relations Act › Article 2 - Request for Recognition and Intervention › Section 71040 - Intervention

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 Within 15 workdays of the posting of notice of a written request for
					 recognition, another employee organization may file with the employer an
					 intervention to challenge to the appropriateness of the unit or to submit a
					 competing claim of representation. The filing of such a competing claim
					 provides a trigger for one of the competing employee organizations or the
					 employer to file a Petition for Board Investigation.
(b) Proof of at least 30 percent or at least
					 10 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.
(1) If the intervention is evidenced by at
					 least 30 percent support, a question of representation shall be deemed to
					 exist.
(2) If the intervention is
					 evidenced by at least 10 percent support, the Board shall conduct such
					 inquiries and investigations or hold such hearings as it shall deem necessary
					 in order to decide the questions raised by the intervention. The Board shall
					 notify all parties in writing of any determination made regarding such an
					 intervention.
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 2 - Representation Procedures Under the los Angeles County Metropolitan Transportation Authority Transit Employer-Employee Relations Act › Article 2 - Request for Recognition and Intervention › Section 71050 - Board Determination Regarding Proof of Support - Request for Recognition, Intervention. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Note: Authority cited: Section 99561(f), Public
						  Utilities Code. Reference: Sections 99561(k), 99564, 99564.1, 99564.2 and
						  99564.4, 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 2 - Representation Procedures Under the los Angeles County Metropolitan Transportation Authority Transit Employer-Employee Relations Act › Article 2 - Request for Recognition and Intervention › Section 71055 - Determination Regarding Proof of Support by Third Party - Request for Recognition, Intervention. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Note: Authority cited: Section 99561(f), Public
						  Utilities Code. Reference: Sections 99561(k), 99564, and 99564.1, 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 2 - Representation Procedures Under the los Angeles County Metropolitan Transportation Authority Transit Employer-Employee Relations Act › Article 2 - Request for Recognition and Intervention › Section 71060 - Withdrawal of Request or Intervention. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Note: Authority cited: Section 99561(f), Public
						  Utilities Code. Reference: Sections 99561(k), 99564, 99564.1 and 99564.2,
						  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 2 - Representation Procedures Under the los Angeles County Metropolitan Transportation Authority Transit Employer-Employee Relations Act › Article 2 - Request for Recognition and Intervention › Section 71070 - Amendment of Request or Intervention. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Note: Authority cited: Section 99561(f), Public
						  Utilities Code. Reference: Sections 99561(k), 99564, 99564.1 and 99564.2,
						  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 2 - Representation Procedures Under the los Angeles County Metropolitan Transportation Authority Transit Employer-Employee Relations Act › Article 2 - Request for Recognition and Intervention › Section 71080 - Employer Response. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Note: Authority cited: Section 99561(f), Public
						  Utilities Code. Reference: Sections 99561(k), 99564, 99564.1, 99564.2 and
						  99564.4, 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 2 - Representation Procedures Under the los Angeles County Metropolitan Transportation Authority Transit Employer-Employee Relations Act › Article 2 - Request for Recognition and Intervention › Section 71090 - Petition for Board Investigation

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 Not later than 30 days following the date of the posting of written notice of
					 request for recognition, a petition for Board investigation pursuant to Public
					 Utilities Code Sections
					 99564.1
					 and
					 99564.2
					 and Section
					 71140 of these regulations may be
					 filed by:
(1) An employee organization
					 alleging that it has filed a request for recognition, pursuant to Section
					 71030, which has been denied or not
					 acted upon by the employer within 30 days after the filing of the
					 request;
(2) An employee
					 organization alleging that it has filed an intervention pursuant to Section
					 71040;
(3) An employer alleging that an employee
					 organization has filed a request for recognition with it, and that it
					 reasonably doubts that the employee organization has majority support or
					 reasonably doubts the appropriateness of the requested unit; or
(4) An employer alleging that an intervening
					 employee organization has filed with it a challenge to the appropriateness of
					 the unit or a competing claim of representation.
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 2 - Representation Procedures Under the los Angeles County Metropolitan Transportation Authority Transit Employer-Employee Relations Act › Article 2 - Request for Recognition and Intervention › Section 71091 - Board Investigations of Requests for Recognition

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Board investigations shall be conducted in accordance
						with the provisions set forth in Article 4 of this Chapter (commencing with
						Section 71140 of these regulations).
Note: Authority cited: Section 99561(f), Public
						  Utilities Code. Reference: Sections 99561(a), 99561(c), 99561(g), 99561(k),
						  99564, 99564.1, 99564.2 and 99564.4, 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 2 - Representation Procedures Under the los Angeles County Metropolitan Transportation Authority Transit Employer-Employee Relations Act › Article 2 - Request for Recognition and Intervention › Section 71095 - Failure to File Petition for Board Investigation

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
If the employer has not granted voluntary recognition and
						no petition for Board investigation is timely filed pursuant to Section
						71090 of these regulations, the
						request for recognition and any interventions shall be deemed invalid and shall
						not bar a subsequent request for recognition.
Note: Authority cited: Section 99561(f), Public
						  Utilities Code. Reference: Sections 99561(k), 99564, 99564.1, 99564.2 and
						  99564.4, 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 2 - Representation Procedures Under the los Angeles County Metropolitan Transportation Authority Transit Employer-Employee Relations Act › Article 2 - Request for Recognition and Intervention › Section 71725 - Petition. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
						article 2 (sections
						71725-71740) and section 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.
2. Certificate of Compliance as to 2-2-2004 order transmitted
						to OAL 5-4-2004 and filed 6-8-2004 (Register 2004, No. 24).
3.
						Change without regulatory effect repealing article 2 (sections
						71725-71740) and section filed
						7-31-2019 pursuant to section
						100, title 1, California Code of
						Regulations (Register 2019, No. 31).
Note: Authority cited: Section
						  99561(f),
						  Public Utilities Code. Reference: Section
						  99566.1,
						  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 2 - Representation Procedures Under the los Angeles County Metropolitan Transportation Authority Transit Employer-Employee Relations Act › Article 2 - Request for Recognition and Intervention › Section 71730 - Board Determination Regarding Proof of Support. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
						section 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.
2. Certificate of Compliance as to 2-2-2004 order transmitted
						to OAL 5-4-2004 and filed 6-8-2004 (Register 2004, No. 24).
3.
						Change without regulatory effect repealing section filed 7-31-2019 pursuant to
						section 100, title 1, California Code of
						Regulations (Register 2019, No. 31).
Note: Authority cited: Section
						  99561(f),
						  Public Utilities Code. Reference: Section
						  99566.1,
						  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 2 - Representation Procedures Under the los Angeles County Metropolitan Transportation Authority Transit Employer-Employee Relations Act › Article 2 - Request for Recognition and Intervention › Section 71735 - Employee Vote. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
						section 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.
2. Certificate of Compliance as to 2-2-2004 order transmitted
						to OAL 5-4-2004 and filed 6-8-2004 (Register 2004, No. 24).
3.
						Change without regulatory effect repealing section filed 7-31-2019 pursuant to
						section 100, title 1, California Code of
						Regulations (Register 2019, No. 31).
Note: Authority cited: Section
						  99561(f),
						  Public Utilities Code. Reference: Section
						  99566.1,
						  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 2 - Representation Procedures Under the los Angeles County Metropolitan Transportation Authority Transit Employer-Employee Relations Act › Article 2 - Request for Recognition and Intervention › Section 71740 - Bar to Reinstatement Petition. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
						section 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.
2. Certificate of Compliance as to 2-2-2004 order transmitted
						to OAL 5-4-2004 and filed 6-8-2004 (Register 2004, No. 24).
3.
						Change without regulatory effect repealing section filed 7-31-2019 pursuant to
						section 100, title 1, California Code of
						Regulations (Register 2019, No. 31).
Note: Authority cited: Section
						  99561(f),
						  Public Utilities Code. Reference: Section
						  99566.1,
						  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 2 - Representation Procedures Under the los Angeles County Metropolitan Transportation Authority Transit Employer-Employee Relations Act › Article 3 - Petition for Certification › Section 71100 - Petition for Certification

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 Subject to the limitations expressed in Section
					 71140(b), a
					 petition for certification pursuant to Public Utilities Code Section
					 99564.2(c)
					 by an employee organization wishing to be certified by the Board as the
					 exclusive representative in an appropriate unit shall be filed pursuant to
					 Section 32110 of these regulations. The
					 petition shall be signed or electronically signed by an authorized agent of the
					 employee organization, and include the following information:
(1) The name, address, e-mail address and
					 telephone number of the employee organization and the name, address and
					 telephone number of the agent to be contacted;
(2) The name, address and telephone number of
					 the employer and the name, address, e-mail address and telephone number of the
					 agent to be contacted;
(3) A
					 description of the proposed appropriate unit, including the classifications and
					 positions to be included and those to be excluded;
(4) The approximate number of employees in
					 the proposed appropriate unit;
(5)
					 The name, address and e-mail address of any other employee organization, if
					 any, known to have an interest in representing the employees covered by the
					 unit.