California Code of Regulations
Title 8 - Industrial Relations
Division 3 - Public Employment Relations Board
Chapter 1 - Public Employment Relations Board
Subchapter 9 - State Mediation and Conciliation Service
Article 2 - Elections
Section 33010 - Powers and Duties of Board Agent Concerning Objections
Current through Register 2024 Notice Reg. No. 38, September 20, 2024
Concerning objections, a Board agent has the power to:
(a) Direct any party to submit evidence through declarations or documents;
(b) Order the inspection of documents by Board agents or the parties;
(c) Direct any party to submit an offer of proof;
(d) Obtain declarations from witnesses based on personal knowledge;
(e) Conduct investigatory conferences with the parties to explore and resolve factual or legal issues;
(f) Dismiss any objections which, after investigation, do not warrant setting aside the election. Any such dismissal is appealable to the Board itself pursuant to Chapter 1, Subchapter 4, Article 3 of these regulations.
(g) Issue a written determination setting aside the election when, after investigation, it appears that such action is warranted, and that no material factual disputes exist. Such determination shall be in writing and served on the parties. Any such determination is appealable to the Board itself pursuant to Chapter 1, Subchapter 4, Article 3 of these regulations.
(h) Schedule a hearing when substantial and material factual disputes exist. Any hearing shall be limited to the issues set forth in the notice of hearing.
1. New section filed 8-19-2013; operative 10-1-2013 (Register 2013, No. 34).
Note: Authority cited: Sections 3509(a), 3541.3(g), 3541.3(n), 3600, 3603(a), 71639.1(b) and 71825(b), Government Code. Reference: Sections 3502.5(b), 3502.5(d), 3507.1(c), 71632.5(c), 71636.3 and 71814(c), Government Code.
