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 32776 - Board Investigation/Election
Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) Upon receipt of a petition for decertification, the Board shall investigate and, where appropriate, conduct a hearing and/or an election or take such other action as necessary.
(b) The petition shall be dismissed if the existing exclusive representative files a valid disclaimer of interest in representing employees in the unit within 20 days of the date the petition is filed with the regional office.
(c) Under EERA, the petition shall be dismissed whenever either of the conditions of Government Code Section 3544.7(b)(1) or (2) exist or a representation election result has been certified affecting the described unit or a portion thereof within the 12 months immediately preceding the date of filing of the petition.
(d) Under Ralph C. Dills Act, the petition shall be dismissed (1) whenever there is currently in effect a memorandum of understanding between the employer and another employee organization recognized or certified as the exclusive representative of any employees covered by a petition requiring an election, unless the petition is filed during the window period defined in Section 40130 of these regulations, or the end of the third year of such memorandum, provided that if such memorandum has been in effect for three years or more, there shall be no restriction as to time of filing the petition; or, (2) whenever a representation election result has been certified affecting the described unit or a subdivision thereof within the 12 months immediately preceding the date of filing of the petition.
(e) Under HEERA, the petition shall be dismissed whenever either of the conditions of Government Code Sections 3577(b)(1) or (2) exist.
(f) Under TEERA, the petition shall be dismissed whenever either of the conditions of Public Utilities Code Section 99564.4(b)(1) or (2) exist.
(g) Under JCEERA, the petition shall be dismissed (1) whenever there is currently in effect a memorandum of understanding between the employer and another employee organization recognized or certified as the exclusive representative of any employees covered by a petition requiring an election, unless the petition is filed during the window period defined in Section 95000 of these regulations, or the end of the third year of such memorandum, provided that if such memorandum has been in effect for three years or more, there shall be no restriction as to time of filing the petition; or, (2) whenever a representation election result has been certified affecting the described unit or a subdivision thereof within the 12 months immediately preceding the date of the filing of the petition.
(h) The "window period" in the term of an existing memorandum of understanding for filing a decertification petition is defined for Ralph C. Dills Act in Section 40130, for HEERA in Section 51026, for TEERA in Section 71026, and for JCEERA in Section 95000 of these regulations. The "window period" in the term of an existing lawful written agreement for filing a decertification petition is defined for EERA in Section 33020 of these regulations.
1. Amendment of subsections (c) and (e) filed 12-29-88; operative 1-28-89 (Register 89, No. 4).
2. New subsection (b), subsection relettering and amendment of NOTE filed 1-26-95; operative 2-27-95 (Register 95, No. 4).
3. Amendment of subsections (d) and (f) filed 1-8-99; operative 2-7-99 (Register 99, No. 2).
4. Amendment of subsections (c) and (d), new subsection (f), subsection relettering, amendment of newly designated subsection (g) 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.
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. New subsection (g), subsection relettering, amendment of newly designated subsection (h) and 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 repealing subsection (g), relettering subsections and amending newly designated subsection (g) and NOTE filed 5-8-2018 pursuant to section 100, title 1, California Code of Regulations (Register 2018, No. 19).
9. New subsection (g), subsection relettering, amendment of redesignated subsection (h) and 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(a), 3524.74(b), 3524.74(d), 3541.3(g), 3520.5 and 3563(k), Government Code; and Sections 99561(k), 99564.3 and 99564.4, Public Utilities Code.
