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 20382 - Extension of Certification, Labor Code Section 1155.2(b)

Universal Citation: 8 CA Code of Regs 20382

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

(a) A labor organization certified under section 20380 may file a petition for extension of the certification not earlier than the 90th day nor later than the 60th day preceding the expiration of a 12-month period following the date of certification. The sole ground for the petition is that the labor organization has requested the employer to bargain, and the employer has failed to bargain in good faith.

(b) The petition for extension of certification shall be submitted under oath and contain the following:

(1) The date of certification;

(2) A description of the progress of negotiations between the labor organization and the employer, including, but not limited to, the requests made by the union to bargain, the dates of meetings between the labor organization and the employer, and the conduct that the labor organization claims constitutes a failure to bargain in good faith;

(3) Copies of documents and correspondence that support the description of the progress of the negotiations, if relevant; and

(4) The amount of time for which the labor organization requests the certification be extended.

(c) The petition for extension of certification shall be filed with the executive secretary accompanied by proof of service on the employer pursuant to section 20166.

(d) An employer shall file a response to the petition for extension of certification within 10 days of service of the labor organization's petition. The response shall be submitted under oath and contain a statement of the following:

(1) Whether the employer agrees with the labor organization's description of the progress of the negotiations;

(2) If not, the employer's description of the progress of the negotiations, along with any relevant documentation; and

(3) Whether the employer objects to an extension of the certification.

(e) The response to the petition for extension of certification shall be filed with the executive secretary, along with proof of service on the labor organization. If the response is not filed within 10 days, the Board will rule on the petition alone.

(f) The Board shall either grant an extension of certification for a specified time following the end of the first twelve months after the original certification, deny the petition, or notice a hearing. Hearings noticed under this section shall be conducted according to the provisions of section 20370.

(g) The granting of a petition for extension of certification shall not constitute evidence that an unfair labor practice has been committed. A Board order extending a certification shall not be admissible in an action on an unfair labor practice proceeding under Labor Code section 1153(e).

1. Change without regulatory effect amending subsection (c) filed 11-4-91 pursuant to section 100, title 1, California Code of Regulations (Register 92, No. 12).
2. Amendment of subsections (a), (c)-(d) and (e)-(g) and new NOTE filed 8-29-2023; operative 10-1-2023 (Register 2023, No. 35).

Note: Authority cited: Section 1144, Labor Code. Reference: Sections 1155.2 and 1156.6, Labor Code.

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