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 20375 - Runoff Elections

Universal Citation: 8 CA Code of Regs 20375

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

(a) Except as provided below, in any election where no party receives a majority of the valid votes cast, a runoff election between the two parties receiving the greatest number of votes shall be held within seven days from the date of the initial election. All persons eligible to vote in the initial election shall be eligible in the runoff election.

(b) Whenever challenged ballots determine whether or not a runoff will be necessary, or determine who will be parties to the runoff election, the regional director may proceed as follows if it appears that an expedited procedure will enable the Board to conduct a runoff election during the same period of peak employment:

(1) The regional director may conduct an investigation and issue a report on challenged ballots within 48 hours or such additional time as extraordinary circumstances necessitate, file the report with the executive secretary, and contact the parties by telephone or email to inform them that the report is available to them.

(2) Any party wishing to except to recommendations in the regional director's report shall file such exceptions with the executive secretary and serve a copy in the appropriate regional office within 48 hours from issuance of the report. Exceptions need not be accompanied by a brief but whether or not a brief is submitted the basis for each exception must be stated in detail.

(3) Upon the expiration of the 48-hour period for filing exceptions, the regional director shall consider any exceptions which have been filed and may reconsider the recommendations and prepare and issue a brief supplemental report setting forth any changes in the original resolution. The regional director shall then open and count the challenged ballots in accordance with the recommendations, prepare and issue an amended tally and notify the parties whether a runoff election is required, and if so, which parties will appear on the ballot. The runoff election shall be conducted as soon as practicable after issuance of the amended tally, at a time and place designated by the regional director.

(c) If the ballot in the initial election provided for three or more choices, and, after determinative challenged ballots are resolved, none of the choices receives a majority of the votes cast, and

(1) the number of votes cast is equally divided among the several choices, or

(2) the same number of votes was cast for two choices, but that number is less than the number cast for the third choice, the regional director shall declare the initial election a nullity and set it aside. The regional director shall conduct another election within two days, and the ballot in that election shall contain the same choices as appeared on the ballot in the initial election. Only one such additional election may be held.

(d) In cases in which a runoff election is held, election objections filed pursuant to Labor Code section 1156.3(c) and section 20365 shall be filed within five days of the runoff election. If the regional director declares after the initial election that a runoff election appears necessary, but after resolution of challenged ballots finds that no runoff election should be held, objections to the initial election shall be due within five days from the determination that no runoff will be held. Any exceptions to the regional director's resolution of challenges under subdivision (b) may be filed as objections under section 20365. Any such objections shall be accompanied by the regional director's report or reports and any exceptions filed thereto, supplemented by a brief and evidence in support of the exceptions.

(e) Only one runoff election shall be held in any case. If a runoff election results in a second tie vote, the election shall be deemed void, and no certification of results shall issue. The provisions of Labor Code section 1156.5 shall not apply to bar the direction of a new election pursuant to a new petition after an election has been voided under this subdivision.

1. Amendment of subsection (a), (b) and (d) 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. Amendment of subsections (b)(1), (b)(3) and (d)-(e) and amendment of NOTE filed 8-29-2023; operative 10/1/2023 (Register 2023, No. 35).

Note: Authority cited: Section 1144, Labor Code. Reference: Sections 1156.3 and 1157.2, Labor Code.

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