California Code of Regulations
Title 8 - Industrial Relations
Division 3 - Public Employment Relations Board
Chapter 1 - Public Employment Relations Board
Subchapter 6 - Representation Proceedings
Article 2 - Elections
Section 32720 - Authority to Conduct Elections
Current through Register 2024 Notice Reg. No. 38, September 20, 2024
An election shall be conducted when the Board issues a decision directing an election or approves an agreement for a consent election, pursuant to the provisions of Articles 3, 4 or 5 of this Subchapter; Chapter 2, Subchapters 1 and 2; Chapter 3, Subchapter 1; Chapter 4, Subchapter 1 or 2; Chapter 6; or Chapter 10, Subchapter 1 of these regulations. This Section does not apply to:
(1) elections involving transit districts, as defined by Chapter 9, Section 93000, where SMCS conducts elections pursuant to Chapter 9, section 93020, or
(2) consent elections conducted by SMCS under the MMBA, Trial Court Act, or Court Interpreter Act, pursuant to Section 32999.
(b) The Board shall determine the date, time, place and manner of the election absent an approved agreement of the parties.
1. Amendment of NOTE filed 6-18-80 (Register 80, No. 25).
2. Amendment filed 9-20-82; effective upon filing pursuant to Government Code section 11346.2(d) (Register 82, No. 39).
3. Amendment of section and NOTE filed 6-3-94; operative 7-5-94 (Register 94, No. 22).
4. Change without regulatory effect amending section filed 3-22-95 pursuant to section 100, title 1, California Code of Regulations (Register 95, No. 12).
5. Amendment of section and NOTE filed 6-13-2001; operative 6-13-2001 (Register 2001, No. 24).
6. Change without regulatory effect amending NOTE filed 5-20-2002 pursuant to section 100, title 1, California Code of Regulations (Register 2002, No. 21).
7. Amendment of first paragraph and amendment of NOTE filed 2-2-2004 as an emergency; operative 2-2-2004 (Register 2004, No. 6). A Certificate of Compliance must be transmitted to OAL by 6-1-2004 or emergency language will be repealed by operation of law on the following day.
8. Certificate of Compliance as to 2-2-2004 order transmitted to OAL 5-4-2004 and filed 6-8-2004 (Register 2004, No. 24).
9. Amendment of section and NOTE filed 12-6-2013 as an emergency; operative 12-6-2013 pursuant to Government Code section 110035.5 (Register 2013, No. 51). This regulatory action is deemed an emergency exempt from OAL review and was filed directly by the agency with the Secretary of State pursuant to Government Code section 110035.5. A Certificate of Compliance must be transmitted to OAL by 6-4-2014 or emergency language will be repealed by operation of law on the following day.
10. Certificate of Compliance as to 12-6-2013 order transmitted to OAL 5-29-2014 and filed 7-10-2014 (Register 2014, No. 28).
11. Change without regulatory effect amending section and NOTE filed 5-8-2018 pursuant to section 100, title 1, California Code of Regulations (Register 2018, No. 19).
12. Amendment filed 10-20-2021; operative 1-1-2022 (Register 2021, No. 43). Filing deadline specified in Government Code section 11349.3(a) extended 60 calendar days pursuant to Executive Order N-40-20.
13. Amendment of subsection (a) and NOTE filed 4-18-2023; operative 7-1-2023 (Register 2023, No. 16).
Note: Authority cited: Sections 3513(h), 3524.52(a), 3541.3(g) and 3563(f), Government Code; and Section 99561(f), Public Utilities Code. Reference: Sections 3541.3(c), 3541.3(e), 3541.3(g), 3541.3(l), 3541.3(m), 3513(h), 3520.5(b), 3524.52(a), 3524.74(a), 3524.74(b), 3524.74(d), 3544.1(a), 3544.3, 3544.7(a), 3546, 3563(c), 3574(a), 3577, 3579(e) and 3583.5, Government Code; and Sections 99561(c), 99561(e), 99561(k), 99561(l), 99564, 99564.1, 99564.2, 99564.3, 99564.4 and 99566.1, Public Utilities Code.
