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 2 - Representation Procedures Under the los Angeles County Metropolitan Transportation Authority Transit Employer-Employee Relations Act › 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 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.
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 2 - Representation Procedures Under the los Angeles County Metropolitan Transportation Authority Transit Employer-Employee Relations Act › Article 3 - Petition for Certification › Section 71115 - Withdrawal of Petition for Certification. [Repealed]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), 99564.2 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 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 pursuant to Section
					 32110 of these regulations 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 2 - Representation Procedures Under the los Angeles County Metropolitan Transportation Authority Transit Employer-Employee Relations Act › 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.
(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, e-mail 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 2 - Representation Procedures Under the los Angeles County Metropolitan Transportation Authority Transit Employer-Employee Relations Act › 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 petition regarding a representation
					 matter, unless such petition 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
					 71010(j);
					 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 2 - Representation Procedures Under the los Angeles County Metropolitan Transportation Authority Transit Employer-Employee Relations Act › Article 5 - Representation Hearings › Section 71200 - Informal Conference

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Board may conduct an informal conference for the
						purposes of clarifying the issues and exploring settlement of the case. No
						record shall be made at such a conference.
1. New
						article 5 (sections
						71200-71235) 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), (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 2 - Representation Procedures Under the los Angeles County Metropolitan Transportation Authority Transit Employer-Employee Relations Act › 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. 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.
Note: Authority cited: Section 99561(f), Public
						  Utilities Code. Reference: Sections 99561(a), 99561(c), 99561(g), 99561(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 2 - Representation Procedures Under the los Angeles County Metropolitan Transportation Authority Transit Employer-Employee Relations Act › Article 5 - Representation Hearings › Section 71225 - Conduct of Hearing

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Hearings shall be conducted pursuant to procedures set
						forth in Chapter 1, Subchapter 3 (commencing with Section
						32165) of these
						regulations.
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 2 - Representation Procedures Under the los Angeles County Metropolitan Transportation Authority Transit Employer-Employee Relations Act › Article 5 - Representation Hearings › Section 71230 - Withdrawal or Settlement of a Petition

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
At any time before the Board agent has issued a decision,
						a petitioner may withdraw, in writing, any petition filed under this
						subchapter, with service and proof of service as required pursuant to Section
						32140, or the parties may reach a
						settlement agreement as to some or all disputed issues. However, if exceptions
						or an appeal are pending before the Board itself, a party or parties seeking to
						effect a withdrawal or settlement must request leave from the Board itself. The
						Board itself may deny withdrawal requests in order to avoid infringing on
						statutory rights or when a matter involves continuing public interest and a
						precedential ruling on the matter will be instructive to all parties in a
						similar situation.
Note: Authority cited: Section 99561(f), Public
						  Utilities Code. Reference: Sections 99561(a), 99561(c), 99561(g), 99561(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 2 - Representation Procedures Under the los Angeles County Metropolitan Transportation Authority Transit Employer-Employee Relations Act › 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 a notice
						of decision with either the decision of the Board itself or a final hearing
						officer decision.
Note: Authority cited: Section 99561(f), Public
						  Utilities Code. Reference: Sections 99561(a), 99561(c), 99561(g), 99561(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 2 - Representation Procedures Under the los Angeles County Metropolitan Transportation Authority Transit Employer-Employee Relations Act › 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. A notice of
						decision pursuant to Section
						71235 which orders a representation
						election shall serve as a notice of intent to conduct election.
Note: Authority cited: Section
						  99561(f),
						  Public Utilities Code. Reference: Sections
						  99561(c),
						  99561(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 2 - Representation Procedures Under the los Angeles County Metropolitan Transportation Authority Transit Employer-Employee Relations Act › 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 pursuant to Section
					 32110 of these regulations and
					 include the following information:
(1) The
					 name, address and telephone number of the employee organization and the name,
					 address, e-mail 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 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 2 - Representation Procedures Under the los Angeles County Metropolitan Transportation Authority Transit Employer-Employee Relations Act › 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 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.
Note: Authority cited: Section 99561(f), Public
						  Utilities Code. Reference: Sections 99561(c), 99561(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 2 - Representation Procedures Under the los Angeles County Metropolitan Transportation Authority Transit Employer-Employee Relations Act › Article 6 - Representation Elections › Section 71330 - Voluntary Recognition

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
If only one organization qualifies to appear on the
						ballot and the organization has demonstrated proof of majority support in the
						appropriate unit, the employer may grant voluntary recognition and notify the
						Board to cancel the election.
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,
						  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 6 - Representation Elections › Section 71340 - Conduct of Elections

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
All elections shall be conducted by the Board in
						accordance with election procedures described in Chapter 1, Subchapter 6,
						Article 2 of these regulations.
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 2 - Representation Procedures Under the los Angeles County Metropolitan Transportation Authority Transit Employer-Employee Relations Act › 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 (but less than all of the employees) who
					 are already members of a larger established unit represented by an incumbent
					 exclusive representative by filing a petition for certification in accordance
					 with the provisions of Article 3 of this Subchapter, except as provided in
					 subsection (b).
(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
					 71010(j).
Note: Authority cited: Section
						  99561(f),
						  Public Utilities Code. Reference: Sections
						  99561(a),
						  99561(c),
						  99561(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 2 - Representation Procedures Under the los Angeles County Metropolitan Transportation Authority Transit Employer-Employee Relations Act › 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
					 or electronically 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,
					 e-mail 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 8 - Request for Amendment of Certification › Section 71690 - Request for Amendment of Certification

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Requests for amendment of certification under TEERA are
						governed by Chapter 1, Subchapter 6, Article 3 (commencing with Section
						32761) of these regulations.
Note: Authority cited: Section
						  99561(f),
						  Public Utilities Code. Reference: Sections
						  99561(a),
						  99561(c),
						  99561(e),
						  99561(g),
						  99561(k),
						  99561(l),
						  99564,
						  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 9 - Decertification Petition › Section 71695 - Decertification Petition

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Petitions for decertification under TEERA are governed by
						Chapter 1, Subchapter 6, Article 4 (commencing with Section
						32770) of these regulations.
Note: Authority cited: Section
						  99561(f),
						  Public Utilities Code. Reference: Sections
						  99561(k)
						  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 10 - Unit Modification Petition › Section 71698 - Unit Modification Petition

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Petitions for unit modification under TEERA are governed
						by Chapter 1, Subchapter 6, Article 5 (commencing with Section
						32781) of these regulations.
Note: Authority cited: Section
						  99561(f),
						  Public Utilities Code. Reference: Sections
						  99561(a),
						  99561(e)
						  and
						  99561(g),
						  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 1 - General Provisions › Section 72000.5 - Sonoma-Marin Area Rail Transit District

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Representation proceedings concerning the Sonoma-Marin
						Area Rail Transit District (SMART), established under Public Utilities Code,
						Section
						105000
						et seq., are not covered by these regulations, but rather are subject to the
						MMBA and any local rules adopted by SMART. (PUC section 105140.)
Note: Authority cited: Section 105140, Public Utilities
						  Code. Reference: Section 105140, 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 1 - General Provisions › Section 72001 - Application of Subchapter 2 of Chapter 1 of these Regulations to PUC Transit Labor Relations Acts

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 Chapter 1, Subchapter 2, Sections
					 32020,
					 32030,
					 32040,
					 32050,
					 32055,
					 32056,
					 32060,
					 32075,
					 32080,
					 32085,
					 32090,
					 32091,
					 32092,
					 32093,
					 32094,
					 32105,
					 32110,
					 32111,
					 32115,
					 32121,
					 32125,
					 32130,
					 32132,
					 32135,
					 32136,
					 32140,
					 32143,
					 32145,
					 32147,
					 32149,
					 32150,
					 32155,
					 32162, and
					 32164 of these Regulations,
					 including the filing and service of documents, equally govern representation
					 proceedings involving Transit Labor Relations Acts under the Public Utilities
					 Code, including proceedings involving non-supervisory employees at the Los
					 Angeles County Metropolitan Transportation Authority.
(b) Whenever a PUC transit representation
					 document is required to be served on a PUC transit employer as defined in
					 Section 72000, subdivision (d), any person authorized to act on behalf of the
					 PUC transit employer may be served. Authorized persons include the PUC transit
					 employer's chief executive officer, chief legal counsel, any person authorized
					 or designated to accept service of legal documents on behalf of the chief
					 executive officer or chief legal counsel, the PUC transit employer's labor
					 relations director or equivalent, or any individual designated by the PUC
					 transit employer as its agent for purposes of labor representation
					 matters.
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 2 - Petition for Certification › Section 72005 - Petition for Certification

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A
					 petition for certification, requesting that SMCS investigate and decide the
					 question of whether employees wish to be represented by an exclusive
					 representative in an appropriate unit for collective bargaining purposes may be
					 filed in accordance with this section. A certification petition filed by an
					 employee organization may take one of the following forms:
(1) An initial petition for certification by
					 an employee organization wishing to be certified by SMCS as the exclusive
					 representative where there is no incumbent exclusive representative;
(2) A petition by an employee organization to
					 decertify and replace the incumbent exclusive representative; or
(3) A severance petition by an employee
					 organization to sever a group of employees who are already members of a larger
					 established unit represented by an incumbent exclusive
					 representative.
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 2 - Petition for Certification › Section 72010 - SMCS Determination Regarding Proof of Support

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 Unless otherwise directed by the Director, within 20 days of the date of
					 service of a copy of an employee organization's petition for certification, the
					 PUC transit employer shall file with the Director 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.
(b) If after initial determination, the proof
					 of support is insufficient, the Director shall allow up to 10 days to perfect
					 the proof of support.
(c) Upon
					 completion of the review of the proof of support, the Director shall inform the
					 parties in writing of the determination as to sufficiency or lack thereof
					 regarding the proof of support.
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 2 - Petition for Certification › Section 72020 - 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
					 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 SMCS and include the information described in
					 Section 72005. 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 SMCS concurrently with the amendment.
(2) An employer response to the amended
					 petition shall be filed with SMCS within 15 days following the service of
					 SMCS's determination of adequacy of proof submitted in support of the petition,
					 unless otherwise directed by the Director. The response shall conform to the
					 requirements for employer responses as set forth in Section 72025.
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 2 - Petition for Certification › Section 72025 - Employer Response Regarding Petition for Certification

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 Within 15 days following service of SMCS's determination regarding the adequacy
					 of proof submitted in support of the petition, the employer shall file a
					 written response with SMCS.
(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, e-mail 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, fully explain the
					 basis of this belief.
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 3 - Employer Representation Petition › Section 72030 - Employer Representation Petition

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A
					 PUC transit employer may file a petition alleging that one or more employee
					 organizations has presented it with a request to be recognized as the exclusive
					 representative of an appropriate unit under the following circumstances:
(1) The PUC transit employer reasonably
					 doubts that the employee organization has majority support.
(2) The PUC transit employer reasonably
					 doubts the appropriateness of the requested unit.
(3) The PUC transit employer has been
					 presented with competing claims for representation or another employee
					 organization challenges the appropriateness of the requested unit.
(4) Where there is an incumbent exclusive
					 representative, a PUC transit employer may file a petition alleging that it has
					 a good faith uncertainty as to the exclusive representative's continuing
					 majority status.
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 4 - Petition for Decertification › Section 72035 - Petition for Decertification Without Replacement

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A
					 petition to decertify an existing exclusive representative in an established
					 unit may be filed by an employee or group of employees within the bargaining
					 unit or by an employee organization acting on their behalf asserting that the
					 incumbent exclusive representative no longer represents the employees in the
					 bargaining unit. The petition shall be filed pursuant to Sections
					 32110 and
					 32115 of these regulations. A
					 petition by an employee organization to decertify and replace the incumbent
					 exclusive representative is considered a petition for certification and is
					 properly filed pursuant to the regulations governing petitions for
					 certification.
(b) The petition
					 shall be signed or electronically signed by an authorized agent of the
					 petitioner, and include the following information:
(1) The name, address and telephone number of
					 the petitioner and the name, address, e-mail address and telephone number of
					 the agent to be contacted;
(2) The
					 name, address and telephone number of the employee organization which has been
					 certified or is currently being recognized by the district as the exclusive
					 representative and the name, address, e-mail address and telephone number of
					 the agent to be contacted;
(3) A
					 description of the existing unit, including the classifications and positions
					 included and excluded;
(4) The
					 approximate number of employees in the existing 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; and
(6) If applicable, a description of the
					 contract(s), if any, covering the employees in such unit and the expiration
					 date of such contract(s).
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 4 - Petition for Decertification › Section 72040 - SMCS Determination Regarding Proof of Support

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 Unless otherwise directed by the Director, within 20 days of the date the
					 decertification petition is filed with SMCS, the employer shall file with SMCS
					 a description of the established unit and an alphabetical list, including job
					 titles or classifications, of employees in the established unit as of the last
					 date of the payroll period immediately preceding the date the decertification
					 petition was filed.
(b) Upon
					 completion of the review of the proof of support, SMCS shall inform the parties
					 in writing of the determination as to sufficiency or lack thereof regarding the
					 proof of support.
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 5 - Petition for Clarification of Bargaining Unit › Section 72045 - Petition for Unit Clarification

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A
					 petition for clarification of an existing bargaining unit may be initiated by
					 an exclusive representative or a PUC transit employer when there is a certified
					 or currently recognized bargaining unit representative for the following
					 reasons:
(1) To add to the unit unrepresented
					 classifications or positions;
(2)
					 To delete classifications or positions which, due to a change in factual
					 circumstances or change in law, cannot be lawfully included in the
					 unit;
(3) To make technical changes
					 to clarify or update the unit description; or
(4) To resolve a dispute as to unit placement
					 or designation of a new classification or position.
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 5 - Petition for Clarification of Bargaining Unit › Section 72050 - Response to Petition

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A
					 party or interested party may file a response to a petition filed solely by an
					 exclusive representative or an employer. Such response shall be filed with the
					 SMCS within 20 days following the date of service of the petition. Service and
					 proof of service of the response pursuant to Section
					 32140 are required.
(b) The response shall be in writing, be
					 signed or electronically signed by an authorized agent of the responding party,
					 and contain the following information:
(1) The
					 name, address, e-mail address and telephone number of the
					 petitioner(s);
(2) The name,
					 address and telephone number of the respondent and the name, address, e-mail
					 address and telephone number of the agent to be contacted;
(3) A statement confirming or refuting
					 information contained in the petition regarding the size and description of the
					 established unit(s), the date(s) of recognition or certification, the
					 approximate number of employees involved in the clarification request and the
					 identity of any other employee organization known to claim to represent
					 affected employees;
(4) A concise
					 statement setting forth the reasons for support of or opposition to the unit
					 clarification proposed by the petitioner(s).
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 5 - Petition for Clarification of Bargaining Unit › Section 72055 - SMCS Determination Regarding Proof of Support

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 Unless otherwise directed by the Director, if proof of support is required, and
					 filed with SMCS, the employer shall, within 20 days of the date the support was
					 filed, file with the Director an alphabetical list, including job titles or
					 classifications, of all employees proposed to be added to the unit as of the
					 last date of the payroll period immediately preceding the date the petition was
					 filed with SMCS.
(b) The Director
					 shall allow up to 10 days to perfect the proof of support.
(c) Upon completion of the review of the
					 proof of support, the Director shall inform the parties in writing of the
					 determination as to sufficiency of the proof of support.
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 5 - Petition for Clarification of Bargaining Unit › Section 72060 - Resolution of Petition

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Upon approval of a unit clarification petition, SMCS
						shall issue a new certification. Such certification shall not be considered to
						be a new certification for the purpose of computing time limits for
						establishing a certification bar to the filing of representation petitions. Any
						determination made by the Director pursuant to this article may be appealed to
						the Board itself in accordance with the provisions of Chapter 1, Subchapter 4
						of these regulations.
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.