California Code of Regulations
Title 8 - Industrial Relations
Division 2 - Agricultural Labor Relations Board
Chapter 3 - Procedure Under Chapter 5 of the Act for the Determination of Questions Concerning Representation of Employees
Section 20300 - Petition for Certification Under Labor Code Section 1156.3

Universal Citation: 8 CA Code of Regs 20300

Current through Register 2024 Notice Reg. No. 38, September 20, 2024

(a) Procedure. A petition for investigation of a question concerning representation under Labor Code section 1156.3(a), hereinafter called a petition for certification, may be filed as provided for in this part and in the Act.

(b) Form of the Petition. A petition for certification shall be in writing and signed by hand or electronically. Printed forms for such petitions will be supplied by the regional offices of the Board upon request. Such petition shall contain a declaration, signed under penalty of perjury, that the petition's contents are true and correct to the best of the declarant's knowledge and belief.

(c) Amendments. A petition for certification may be amended by the petitioner, upon approval of the regional director, for good cause shown. Any amended petition shall be served upon the employer in accordance with the provisions of subdivision (e) below for service of the initial petition.

(d) Where Filed. A petition for certification shall be filed in the regional office having jurisdiction over the geographical area in which all or part of the unit encompassed by the petition is located.

(e) Service of the Petition. A petition for certification shall be served upon the employer in the manner set out herein. In order to be filed, a petition must be accompanied by proof of service of the petition on the employer, either by verified return of the person making personal service or by the return receipt from the post office. Service on the employer may be accomplished by service upon any owner, officer, or director of the employer, or by leaving a copy at an office of the employer with a person apparently in charge of the office or other responsible person, by personal service upon a supervisor of employees covered by the petition for certification. For an employer engaged in the cultivation of cannabis, the petition may be served personally upon a security guard stationed at any location where employees covered by the petition for certification work. If service is made by delivering a copy of the petition to anyone other than an owner, officer, or director of the employer, the petitioner shall immediately provide notice to the owner, officer, or director of the employer declaring that a certification petition is being filed and stating the name and location of the person actually served. Such notice shall include a copy of the petition and be provided by email, if an email address is available, and by a courier providing overnight delivery, and the petitioner shall file with the regional office proof that the notice was sent and received.

(f) Filing of Petition. A petition for certification shall be deemed filed upon its receipt in the appropriate regional office accompanied by proof of service of the petition upon the employer. As soon as possible upon the filing of a petition for certification, the regional office in which the petition is filed shall telephone the employer and give the employer the following information:

(1) the date and time of the filing of the petition and

(2) the case number assigned to the petition. Notification by email shall be permissible in the event that notification by telephone is unavailable or unsuccessful.

(g) Withdrawal of Petition. A petition for certification may be withdrawn only with the consent of the regional director. Whenever the regional director approves the withdrawal of any petition, the matter shall be closed and the parties shall be notified of the withdrawal.

(h) Dismissal of Petition.

(1) The petition for certification shall be dismissed by the regional director whenever the contents of the petition or the administrative investigation of the petition disclose the absence of reasonable cause to believe that a bona fide question concerning representation exists, or the unit petitioned for is not appropriate, or there is not an adequate showing of employee support pursuant to subdivison (i).

(2) When the regional director has determined that the petition shall be dismissed, the regional director shall issue a dismissal letter to the filing party and the employer setting forth the reasons therefor.

(3) The dismissal of a petition may be reviewed by the Board pursuant to the provisions of Labor Code section 1142(b) and section 20393.

(i) Evidence of Employee Support.

(1) Pursuant to Labor Code section 1156.3(a), evidence that a majority of the currently employed employees in the bargaining unit sought in the election petition support the petitioner shall be submitted with the petition. Such evidence shall consist of either:

(a) authorization cards, signed by employees, dated, and providing that the signer authorizes the union to be the signer's collective bargaining representative, or

(b) a petition to the same effect signed by employees, each signature dated. No employee authorization dated more than one year prior to the date of filing of the election petition shall be counted to determine majority showing of interest. An authorization card or authorization petition signed by an employee at a time when the employee was not working for the employer named in the election petition shall, if otherwise valid, be counted in determining majority showing of interest.

(2) The regional director shall conduct an administrative investigation to determine whether there exists an adequate showing of employee support, as required by Labor Code section 1156.3(a), to warrant the conduct of an election.

The administrative investigation may include solicitation from the petitioner and intervenor of their positions with respect to the accuracy and completeness of the employee list submitted pursuant to section 20310(a)(2). If the regional director determines that there is insufficient showing of interest, the regional director may grant the petitioner an additional 24-hour period, from the time the regional director notifies the petitioner that its showing of interest is insufficient, to submit additional showing of interest. Authorization cards or other showing of interest shall be held confidential.

(3) In determining the number of currently employed employees for the purposes of Labor Code section 1156.3(a) or these regulations, when the number of employees on the employer's list conflicts with the number alleged in the petition, the regional director may independently ascertain by administrative investigation the number of persons actually working in the appropriate payroll period.

(4)

(A) Any party which contends that the showing of interest was obtained by fraud, coercion, or employer assistance, or that the signatures on the authorization cards were not genuine, shall submit evidence in the form of declarations under penalty of perjury supporting such contention to the regional director within 72 hours of the filing of the petition. The regional director shall refuse to consider any evidence not timely submitted, absent a showing of good cause for late submission. When evidence submitted to the regional director establishes reasonable cause to believe that the showing of interest may have been tainted by such misconduct, the regional director shall conduct an administrative investigation. If, as a result of such investigation, the regional director determines that the showing of interest is inadequate because of such misconduct, the regional director shall dismiss the petition. Nothing in this subdivision shall diminish the applicability of Labor Code section 1151.6 to instances of forgery of authorization cards.

(B) The regional director may dismiss a petition pursuant to this subdivision when there is pending an unfair labor practice complaint against the employer named in the petition alleging the employer or the employer's representatives directly or indirectly initiated or instigated the petition or assisted in the showing of interest necessary for holding an election. If there is pending an investigation of an unfair labor practice charge for which no complaint has issued alleging the employer or the employer's representatives directly or indirectly initiated or instigated the petition or assisted in the showing of interest necessary for holding an election, the regional director may order any ballots cast in an ensuing election be impounded in accordance with section 20360(c).

(5) The regional director's determination of the adequacy of the showing of interest to warrant the conduct of an election shall not be reviewable.

1. Repealer of Chapter 3 (Sections 20300-20390, not consecutive) and new Chapter 3 (Sections 20300-20393, not consecutive) filed 10-19-76 as an emergency; effective upon filing (Register 76, No. 43).
2. Amendment of subsections (j)(1) and (j)(2) filed 12-1-76 as an emergency; effective upon filing (Register 76, No. 49).
3. Certificate of Compliance as to filings of 10-19-76 and 12-1-76 filed 1-12-77 (Register 77, No. 3).
4. Amendment of subsections (d), (f), (g) and (j)(2) and amendment of NOTE filed 7-8-99; operative 8-7-99 (Register 99, No. 28).
5. Amendment of section and NOTE filed 8-29-2023; operative 10/1/2023 (Register 2023, No. 35).

Note: Authority cited: Section 1144, Labor Code. Reference: Sections 1142, 1156.2, 1156.3, 1156.4, 1156.5, 1156.6 and 1156.7, Labor Code.

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