California Code of Regulations
Title 8 - Industrial Relations
Division 2 - Agricultural Labor Relations Board
Chapter 9 - Solicitation by Non-Employee Organizers
Section 20910 - Pre-Petition Employee Lists
Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) Any labor organization may file with the appropriate regional office of the Board a written notice of intention to organize the agricultural employees of an agricultural employer, accompanied by proof of service of the notice upon the employer in the manner set forth in section 20300(f). The notice must be signed by or accompanied by authorization cards signed by at least ten percent (10%) of the current employees of the designated employer. The signatures and authorization cards must comply with the requirements set forth in section 20300(i)(1).
(b) A notice of intention to organize shall be deemed filed upon its receipt in the appropriate regional office accompanied by proof of service of the notice upon the employer. As soon as possible upon the filing of the notice of intention to organize, the regional office in which the petition is filed shall telephone or telegraph the employer to inform the employer of the date and time of the filing of the notice.
(c) Within five days from the date of filing of the notice of intention to organize, the employer shall submit to the regional office an employee list as defined in section 20310(a)(2). If the employer contends that the unit named in the notice is inappropriate, it shall submit its arguments to the regional director in writing. A contention that the unit named is inappropriate shall not excuse the timely submission of the pre-petition employee list in the unit named in the notice.
(d) Upon receipt of the list, the regional director shall determine if the ten percent showing of interest requirement has been satisfied, and, if so, shall make available a copy of the employee list to the filing labor organization. The same list shall be made available to any other labor organization which within 30 days of the original filing date files a notice of intention to organize the agricultural employees of the same employer.
(e) A labor organization may not file more than one notice of intention to organize the agricultural employees of the employer under this section in any 120-day period.
1. New section filed 11-29-76 as an emergency; designated effective 12-1-76 (Register 76, No. 49).
2. Certificate of Compliance filed 1-12-77 (Register 77, No. 3).
3. Amendment of subsection (c) and new subsections (d) and (e) filed 3-14-78; effective thirtieth day thereafter (Register 78, No. 11).
4. Amendment of subsection (a) and amendment of NOTE filed 5-9-2002; operative 6-8-2002 (Register 2002, No. 19).
5. Amendment filed 8-29-2023; operative 10/1/2023 (Register 2023, No. 35).
Note: Authority cited: Section 1144, Labor Code. Reference: Sections 1152 and 1157.3, Labor Code.