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 20393 - Requests for Review; Requests for Reconsideration of Board Action; Requests to Reopen the Record

(a) Dismissal of a representation petition, cross-petition, or intervention petition by a regional director pursuant to section 20300(h) may be reviewed by the Board pursuant to Labor Code section 1142(b), upon a written request for review filed by the party whose petition was dismissed. The request for review shall be filed with the Board within five days of service of the dismissal upon the party making the request. Requests for review of other delegated action reviewable under Labor Code section 1142(b), except those specifically provided for in subdivision (b), shall also be filed with the board within five days of service of notice of the action for which review is requested. Such requests shall be filed and served in accordance with the provisions set forth in sections 20160, 20166, and 20169. The request shall set forth with particularity the basis for the request and shall be accompanied by the following:

(b) Review of any other actions of a regional director or the regional director's agent pursuant to the powers which may be delegated under Labor Code section 1142(b) to determine the unit appropriate for the purpose of collective bargaining, to determine whether a question of representation exists, and to direct an election shall be by means of a petition filed pursuant to Labor Code section 1156.3(e) and sections 20363, 20365 and 20370.

(c) A party to a representation proceeding may, because of extraordinary circumstances, move for reconsideration or reopening of the record, after the Board issues a decision or order in the case. A motion under this section must be filed with the Board within five days of service of the decision or order upon the party making the request and served on the parties in accordance with the provisions set forth in sections 20164, 20166, and 20169. A motion for reconsideration or reopening of the record shall set forth with particularity the basis for the motion and legal argument in support thereof and shall be accompanied by proof of service of the motion and accompanying documents upon all parties. Only one request for reconsideration of or to reopen the record for any decision or order will be entertained. A motion filed after the issuance of a decision of the Board may alternatively request reconsideration and reopening. A motion filed under this section shall not operate to stay the decision and order of the Board.

(d) The Board, in its discretion, may request a response from the opposing party or parties prior to granting or denying a request for review under subdivision (a) or a request for reconsideration under subdivision (c). Where an opportunity for response is to be provided, the Board shall serve notice thereof upon all parties as provided in section 20164, and shall set a reasonable period within which the opposing party or parties may file a response. Unless the Board requests it to do so, the party initially requesting review or reconsideration may not submit any material in addition to the petition for review or for reconsideration and its supporting documents.

(e) In any case in which a request for review is filed pursuant to this section of a dismissal of a representation petition, cross-petition or intervention petition by a regional director, the record on review by the Board shall consist of: the petition pursuant to Labor Code Section 1156.3(a), the cross-petition or intervention petition where applicable, the regional director's dismissal letter, and the request for review and supporting evidence and briefs.