California Code of Regulations
Title 8 - Industrial Relations
Division 3 - Public Employment Relations Board
Chapter 10 - Judicial Council Employer-Employee Relations Act
Subchapter 1 - Representation Procedures
Article 2 - Severance Petition
Section 95100 - Severance Petition

Universal Citation: 8 CA Code of Regs 95100

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

(a) An employee organization may file a severance petition to become the exclusive representative of an appropriate unit consisting of a group of employees who are already members of a larger established unit represented by an incumbent exclusive representative. The severance petition shall be filed with PERB, be signed by an authorized agent of the employee organization, and include the following information:

(1) The name, address, e-mail address, and telephone number of the employer; and the name, address, e-mail address, and telephone number of the employer's authorized agent;

(2) A description of the unit claimed to be appropriate, including the classifications and positions to be included and those to be excluded;

(3) A statement that the severance petition is accompanied by proof of majority support of the employees in the unit claimed to be appropriate;

(4) The approximate number of employees in the unit claimed to be appropriate;

(5) The effective date and expiration date of the current memorandum of understanding, if any, covering employees in the established unit;

(6) The date on which the exclusive representative was certified;

(7) The name, address, e-mail address, and telephone number of the exclusive representative of the established unit; and the name, address, e-mail address, and telephone number of the exclusive representative's authorized agent;

(8) The name, address, e-mail address, and telephone number of the petitioning employee organization; and the name, address, e-mail address, and telephone number of the petitioning employee organization's authorized agent.

(b) The severance petition shall be accompanied by proof of majority support of the employees in the unit claimed to be appropriate. Proof of support is defined in Section 32700.

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

1. New article 2 (sections 95100-95160) and section filed 4-18-2023; operative 7-1-2023 (Register 2023, No. 16).

Note: Authority cited: Section 3524.52(a), Government Code. Reference: Section 3524.74, Government Code.

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