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 4 - Decertification Petition
Section 32770 - Petition

Universal Citation: 8 CA Code of Regs 32770

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

(a) A petition for an election to decertify an existing exclusive representative in an established unit may be filed by a group of employees within the unit or an employee organization. The petition shall be filed with the regional office utilizing forms provided by the Board.

(b) The petition shall be accompanied by proof that at least 30 percent of the employees in the established unit either:

(1) No longer desire to be represented by the incumbent exclusive representative; or

(2) Wish to be represented by another employee organization. Proof of support is defined in Chapter 1, Section 32700 of these regulations.

(c) Service of the petition, excluding the proof of at least 30 percent support, and proof of service pursuant to Section 32140 are required.

1. New Article 4 (Sections 32770-32776, not consecutive) filed 9-20-82; effective upon filing pursuant to Government Code Section 11346.2(d) (Register 82, No. 39).
2. Change without regulatory effect amending subsection (b)(2) filed 3-22-95 pursuant to section 100, title 1, California Code of Regulations (Register 95, No. 12).
3. Change without regulatory effect amending NOTE filed 2-15-2001 pursuant to section 100, title 1, California Code of Regulations (Register 2001, No. 7).
4. 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 A Certificate of Compliance must be transmitted to OAL by 6-1-2004 or emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 2-2-2004 order transmitted to OAL 5-4-2004 and filed 6-8-2004 (Register 2004, No. 24).
6. Amendment of 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 A Certificate of Compliance must be transmitted to OAL by 6-4-2014 or emergency language will be repealed by operation of law on the following day.
7. Certificate of Compliance as to 12-6-2013 order transmitted to OAL 5-29-2014 and filed 7-10-2014 (Register 2014, No. 28).
8. Change without regulatory effect amending NOTE filed 5-8-2018 pursuant to section 100, title 1, California Code of Regulations (Register 2018, No. 19).
9. Amendment of 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 3513(h), 3524.52(a), 3524.74(b), 3524.74(d), 3541.3(g) and 3563(k), Government Code; and Sections 99561(k) and 99564.3, Public Utilities Code.

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