Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 8 - AGRICULTURAL HAZARD COMMUNICATION REGULATIONS › Section 8.5 - Designated Representative

Current through Reg. 49, No. 28; July
				12, 2024
(a)
				Representative designated by written authorization. A designated representative
				is an individual or organization to whom an agricultural laborer gives written
				authorization to exercise the laborer's rights under the Act and this
				chapter.
(b) Recognized or
				certified representatives.
(1) Certified
				collective bargaining agent. A certified collective bargaining agent is a
				person or unit that has been sanctioned by a governmental body to represent
				agricultural laborers in matters of wages and working conditions. A certified
				collective bargaining agent is not required to have written authorization from
				the agricultural laborer who the certified collective bargaining agent
				represents.
(2) Recognized
				collective bargaining agent. A recognized collective bargaining agent is a
				person or unit that has been acknowledged in a collective bargaining contract
				between an employer and an agricultural laborer. A recognized collective
				bargaining agent is not required to have a written authorization from the
				agricultural laborer who the recognized collective bargaining agent represents
				in order to exercise the laborer's rights under the Act.
(3) Certified designated representative. A
				certified designated representative is a person who has been approved for
				certification by the department. In order to become a certified designated
				representative, an individual or organization shall submit a request for
				certification as a designated representative to the department. The request
				shall include the requester's name and address, the name of the agricultural
				laborer's employer, the address of the agricultural laborer's employer, if
				known, and a description of which of the laborer rights under the Act the
				designated representative intends to exercise. The laborer's written
				authorization shall be attached to the request and processed by the department
				as follows:
(A) The department shall review
				the request and determine whether to accept or reject it within two business
				days after receipt. If the department determines that the request fulfills the
				requirements of the Act and this chapter, the department shall certify the
				requester as a designated representative. The designated representative remains
				certified until the agricultural laborer notifies the department that the
				agricultural laborer has withdrawn authorization. If the department rejects the
				request, the department shall notify the requester of the decision and give a
				statement of the reasons for the rejection. A person whose request has been
				rejected may attempt to address the reasons for rejection and ask that the
				request be reconsidered. Alternatively, the requester may appeal the rejection
				to the commissioner. A person not satisfied with the decision of the
				commissioner may appeal in the manner provided for contested cases under the
				Texas Administrative Procedure Act, Texas Government Code, Chapter
				2001.
(B) A certified designated
				representative is not required to reveal to anyone other than the department
				the identity of the agricultural laborer represented. The department shall
				maintain the laborer's anonymity, unless the laborer waives it.
(C) A covered employer shall recognize a
				requester as a designated representative after receiving notice of
				certification by the department.