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 20335 - Transfer, Consolidation, and Severance
Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) Whenever it appears necessary in order to effectuate the purposes of the Act or to avoid unnecessary costs or delay, the Board or the regional director, after consultation with the parties, may order that any petition and any proceedings that may have been instituted with respect thereto:
(b) Whenever a petition under Labor Code section 1156.3(c) is properly filed, the Board may, at its discretion, sever issues relating to the appropriateness of the bargaining unit, employment peak, or the accuracy of the allegations in the petition made pursuant to Labor Code section 1156.3(a)(2), (3), or (4).
(c) Where a petition under Labor Code section 1156.3(e) is filed, objecting to the conduct of the election or conduct affecting the results of the election pursuant to section 20365 or where challenges to the eligibility of voters to cast ballots are submitted to the Board pursuant to section 20363, the executive secretary shall notify the general counsel of such filing(s), under either of these sections, and provide to the general counsel a copy of the documents filed, by no later than the close of business of the following work day on which the documents were received by the executive secretary. Simultaneously, the executive secretary will identify the date upon which the 21-day period for Board action under either section 20365 or 20363 will expire.
For the purposes of this subdivision, good cause will be established when the Ggeneral Ccounsel avers that it is the general counsel's intent to move the Board to consolidate any enumerated mirror charges the general counsel has determined may merit complaint but that the investigation of those charges have not been completed and additional time is required to complete the investigation and/or issue complaint and move for consolidation. As a result of this averment, the Board will grant a 30-day continuance for the purpose requested so as to allow for a motion for consolidation.
1. Amendment of subsection (c), new subsections (c)(1)-(4) and new NOTE filed 5-16-2017; operative 7-1-2017 (Register 2017, No. 20).
2. Amendment filed 8-29-2023; operative 10/1/2023 (Register 2023, No. 35).
Note: Authority cited: Section 1144, Labor Code. Reference: Section 1156.3, Labor Code.