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 20365 - Post-Election Objections Procedure
Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) Time for filing. Within five days after an election, any person may, pursuant to Labor Code section 1156.3(e), file with the Board a signed petition asserting that allegations made in the election petition filed pursuant to Labor Code section 1156.3(a) were incorrect, or asserting that the Board or regional director improperly determined the geographical scope of the bargaining unit, or objecting to the conduct of the election or conduct affecting the results of the election. Except as provided in subdivisions (a)(1), (a)(2) and (a)(3), the five-day period begins to run when the election ends. The election ends when the ballots have been counted and a final tally of ballots issues.
(b) An objections petition shall be filed electronically pursuant to section 20169 or, for an unrepresented party who has not consented to electronic filing, by personal service on the executive secretary, as agent of the Board, or by registered or certified mail postmarked within the five-day period. No extensions of time for filing objections shall be permitted, and no amendments to objections petitions shall be permitted for any reason after the five-day filing period has elapsed.
(c) An objections petition filed with the Board shall consist of the following: the petition pursuant to Labor Code section 1156.3(e); a detailed statement of facts and law relied upon, as required by subdivision (c)(1), or declarations in support of the petition, as required by subdivision (c)(2); a declaration of service upon all other parties, including the regional director, as provided in section 20166, of the objections petition and any detailed statement of facts and law supporting declarations, and copies of the following: petition for certification, the notice and direction of election, and the tally of ballots. A party exercising the option provided by subdivision (c)(2)(D) to serve on other parties a detailed statement of facts in lieu of declarations shall file with the executive secretary the statement and a declaration of service of the statement upon all other parties, as provided in section 20166.
(d) Disposition of objections petitions. The Board shall dismiss any objections petition or any portion of such petition which does not satisfy the requirements of subdivisions (a), (b), and (c).
(e) With respect to any portion of the petition not dismissed pursuant to subdivision (d), the Board may:
(f) Where the objections satisfy the requirements of subdivisions (a), (b), and (c) and there are material factual issues in dispute, the Board shall direct an investigatory hearing pursuant to section 20370. The hearing shall be strictly limited to the issues set forth in the notice of hearing. Hearings of more than one day's duration shall continue on the next business day and each day following until completed. Requests for continuance shall be granted only in extraordinary circumstances.
(g) Prior to the Board certifying a labor organization as the exclusive bargaining representative as authorized by Labor Code section 1156.3 (f), or an investigative hearing examiner (IHE) recommending such action, the parties to the election shall be afforded the opportunity to submit written argument addressing whether certification is warranted under the standard set forth in Labor Code section 1156.3 (f).
1. Amendment of subsection (c) filed 3-14-78; effective thirtieth day thereafter (Register 78, No. 11).
2. Amendment filed 8-28-81; effective thirtieth day thereafter (Register 81, No. 35).
3. Editorial correction of subsection headings and numbers (Register 81, No. 46).
4. Change without regulatory effect amending subsections (c), (e)(7) and (f) filed 11-4-91 pursuant to section 100, title 1, California Code of Regulations (Register 92, No. 12).
5. Amendment of subsections (a), (a)(3)-(c), (d)-(e) and (e)(7), repealer of subsections (e)(8) and (f), subsection relettering, amendment of newly designated subsection (f), new subsection (g) and amendment of NOTE filed 5-2-2012; operative 5-2-2012 pursuant to Government Code section 11343.4 (Register 2012, No. 18).
6. 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.