California Code of Regulations
Title 8 - Industrial Relations
Division 3 - Public Employment Relations Board
Chapter 2 - Educational Employment Relations Act
Subchapter 1 - Representation Proceedings
Article 2 - Request for Recognition and Intervention
Section 33050 - Request for Recognition
Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) A request for recognition by an employee organization seeking to become the exclusive representative of an appropriate unit shall be filed with the employer. A copy of the request shall be filed concurrently with the regional office. The request shall be signed by an authorized agent of the employee organization and shall be on a form provided by the Board.
(b) A copy of the request and proof of majority support in the unit claimed to be appropriate shall be filed with the regional office concurrently with the filing of the request upon the employer. Proof of support is defined in Chapter 1, Section 32700 of these Regulations.
(c) Concurrent with the filing of the request, the employee organization shall concurrently serve a copy of the request, excluding the proof of majority support, on the parties and the regional office. Proof of service pursuant to Section 32140 is required.
(d) A request to become the exclusive representative of a group of employees who are already members of a larger established unit represented by an incumbent exclusive representative shall be filed pursuant to this Article and in accordance with the provisions of Article 6 (commencing with Section 33700). A petition to become the exclusive representative of all of the employees in an established unit represented by an exclusive representative shall be filed pursuant to Chapter 1, Subchapter 6, Article 4 (commencing with Section 32770) of these regulations.
1. Amendment filed 1-19-78 as an emergency; effective upon filing (Register 78, No. 3).
2. Certificate of Compliance filed 5-18-78 (Register 78, No. 20).
3. Amendment of subsection (b) and new subsection (d) filed 9-21-79; effective thirtieth day thereafter (Register 79, No. 38).
4. Amendment of subsection (b) filed 12-31-79 as an emergency; effective upon filing (Register80, No. 1). A Certificate of Compliance must be filed within 120 days or emergency language will be repealed on 4-30-80.
5. Repealed by operation of Section 11422.1(c), Government Code (Register 80, No. 21).
6. Amendment of subsection (b) filed 5-21-80 as an emergency; effective upon filing (Register 80, No. 21). A Certificate of Compliance must be filed within 120 days or emergency language will be repealed on 9-19-80.
7. Certificate of Compliance filed 6-18-80 (Register 80, No. 25).
8. Amendment filed 6-18-80; effective thirtieth day thereafter (Register 80, No. 25).
9. Amendment filed 9-20-82; effective upon filing pursuant to Government Code Section 11346.2(d) (Register 82, No. 39).
10. Change without regulatory effect amending subsections (b) and (d) filed 3-22-95 pursuant to section 100, title 1, California Code of Regulations (Register 95, No. 12).
11. Editorial correction of NOTE (Register 96, No. 52).
12. Amendment of subsection (d) 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.
13. Certificate of Compliance as to 2-2-2004 order transmitted to OAL 5-4-2004 and filed 6-8-2004 (Register 2004, No. 24).
Note: Authority cited: Section 3541.3(g), Government Code. Reference: Sections 3541.3(l) and 3544, Government Code.
