California Code of Regulations › Title 8 - Industrial Relations › Division 2 - Agricultural Labor Relations Board › Chapter 9 - Solicitation by Non-Employee Organizers › Section 20915 - Pre-Petition Investigation of Election Related Issues

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The regional director may cause an
				investigation of any issues raised in connection with a Notice of Intention to
				Take Access or a Notice of Intention to Organize which might affect any
				subsequent election at the employer, including, but not limited to, questions
				of appropriate unit, identity of the employer, supervisorial or other
				non-employee status of persons included in or excluded from a pre-petition
				list, the appropriate designation of the immediately preceding payroll period,
				and employer compliance with Labor Code Section
				1157.3.
(b) If a Notice of Intent to Take Access or
				Notice of Intent to Organize is served upon a packer, custom harvester,
				harvesting association, cooperative, hiring association, any person, or
				association of persons or cooperatives involved in the growing, harvesting or
				packing of citrus, that entity or person shall, within 72 hours following
				service of the Notice of Intent to Take Access or Notice of Intent to Organize,
				make available for inspection and copying by the regional director a written
				list showing the name(s) of the owner(s)/lessee(s) and the location of each
				citrus grove or orchard of citrus fruit which the entity or person grows,
				harvests, or packs. Additionally, if the appropriate bargaining unit and/or the
				identity of the employer remain unresolved, and the regional director so
				requests, the entity or person shall, at the same time, make available for
				inspection and copying by the regional director a copy of those portions of the
				following documents which are relevant to the resolution by the regional
				director of bargaining unit and employer identity issues: articles of
				incorporation and by-laws, if the entity is a corporation; association
				agreements, partnership agreements, and membership agreements, if any, which it
				has entered into with citrus growers who are members or providers of citrus
				fruit; and contracts and harvesting agreements which it has entered into with
				customers, clients, or other providers of citrus fruit. In cases where a Notice
				of Intent to Take Access and/or Notice of Intent to Organize is accompanied by
				a Petition for Certification, the above documents and information shall be made
				available to the regional director within 24 hours. Except for that information
				authorized to be disclosed pursuant to Section
				20900(e)(6)(C),
				all other information provided to the regional director as herein required,
				shall be kept by the regional director in confidence, and shall not be
				disclosed to any party without prior written approval of the entity or
				person.
(c) Should an entity or
				person engaged in the growing, harvesting, or packing of citrus, upon whom a
				Notice of Intent to Take Access or Notice of Intent to Organize has been duly
				served and from whom the regional director has requested the information
				described in (b) of this section, refuse to provide all or a portion of such
				information, the Board may, at the request of the regional director, issue an
				investigative subpoena. The Board shall enforce the subpoena pursuant to the
				requirements of Section
				20217(b)-(g).
				However, for purposes of this regulation, the term "regional director" shall be
				substituted for the terms "general counsel" or "general counsel or his or her
				agent(s) who has issued the subpoena," and the term "entity or person" shall be
				substituted for the term "respondent," wherever they appear in Section
				20217(b)-(g).
1. New section
				  filed 3-14-78; effective thirtieth day thereafter (Register 78, No.
				  11).
2. Amendment filed 5-16-83 as an emergency; effective upon
				  filing (Register 83, No. 22).
3. Order of Repeal of 5-16-83 order
				  filed 5-23-83 by OAL pursuant to Government Code Section
				  11349.6
				  (Register 83, No. 22).
4. New subsections (b) and (c) filed 1-3-85;
				  effective upon filing pursuant to Government Code Section
				  11346.2(d)
				  (Register 85, No. 1).
Note: Authority cited: Section
					 1144, Labor
					 Code. Reference: Sections
					 1151(a)
					 and
					 1156.3, Labor
					 Code.