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 95160 - Board Investigation
Universal Citation: 8 CA Code of Regs 95160
Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) Whenever a severance petition is filed with the Board, the Board shall investigate and, where appropriate, conduct a hearing and/or a representation election or take such other action as deemed necessary to decide the questions raised by the petition.
(b) A severance petition shall be dismissed in part or in whole whenever the Board determines that:
(1) The petitioner has no standing to petition for the action requested; or
(2) 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 the severance petition, unless the petition is filed less than 120 days but more than 90 days prior to the expiration date of such memorandum 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
(3) A valid 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 severance petition.
1. New section filed 4-18-2023; operative 7-1-2023 (Register 2023, No. 16).
Note: Authority cited: Section 3524.52(a), Government Code. Reference: Sections 3524.74 and 3524.77, Government Code.
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