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 20390 - Decertification and Rival Union Petitions
Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) Where the incumbent union presently has a collective bargaining agreement with the employer, the petition shall contain an allegation that the agreement will expire within the next twelve months or has been in existence for more than three years, and shall be accompanied by evidence of support by 30% or more of the employees currently employed in the bargaining unit.
(b) Where the incumbent union presently does not have a collective bargaining agreement with the employer, the petition shall contain an allegation to that effect, and shall be accompanied by evidence of support by a majority of the employees currently employed in the bargaining unit.
(c) The evidence of support for the petition may be in the form of signatures on a petition or, in the case of a rival union petition, on authorization cards or on a petition. In either case, each signature must be dated.
(d) All petitions for decertification and rival union petitions shall contain the following:
(e) The procedures set forth in Chapter 3 of these regulations for the service and processing of petitions for certification, election procedures, and post-election procedures shall be applicable to decertification and rival union petitions, except that service of the petition also shall be made upon an officer or director of the incumbent union, or upon an agent of the union authorized to receive service of papers. If service is made by delivering a copy of the petition to anyone other than an officer, director, or agent of the union authorized to receive service of papers of the employer, the petitioner shall immediately provide notice to the officer, director, or agent of the union declaring that a certification petition is being filed and stating the name and location of the person actually served. Such notice shall 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)
1. Amendment of subsection (b) filed 9-20-91; operative 10-21-91 (Register 92, No. 4).
2. Amendment of section heading, section and NOTE filed 4-19-2004; operative 5-19-2004 (Register 2004, No. 17).
3. Amendment of subsections (d)(1)-(2), (d)(10) and (e), new subsections (f)(1)-(2) 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 1156.7, Labor Code; Montebello Rose Co. (1981) 119 Cal.App.3d 1; and Cattle Valley Farms (1982) 8 ALRB No. 24.