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 33100 - Amendment of Request or Intervention; Posting Amendments

Universal Citation: 8 CA Code of Regs 33100

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

(a) A request for recognition or intervention may be amended to correct technical errors or to delete job classifications or positions from the proposed unit at any time prior to the issuance of a PERB notice of representation hearing or, where no hearing has been held, issuance of a Directed Election Order or approval of a Consent Election Agreement. The amendment shall be filed with the employer and copies concurrently served on the parties and the regional office. Proof of service pursuant to Section 32140 is required. No posting shall be required.

(b) A request for recognition or intervention may be amended to add job classifications or positions to a proposed unit, subject to the following:

(1) Except as provided in Section 33700(c), an amendment to add job classifications or positions to a proposed unit may be filed at any time prior to the issuance of a PERB notice of representation hearing, or, where no hearing has been held, issuance of a Directed Election Order or approval of a Consent Election Agreement.

(2) The amendment shall be filed with the employer. The employee organization shall concurrently serve a copy of the amendment on the parties and the regional office. Proof of service pursuant to Section 32140 is required. Additional proof of support, if needed to maintain standing as a requester or intervenor, shall be concurrently filed with the regional office.

(3) The employer shall post a notice of the amended request or intervention as soon as possible but in no event later than 10 days following receipt of the amendment. The notice shall conform to the requirements for posting an original request for recognition or intervention and shall remain posted for 15 workdays, during which time interventions may be filed on an amended request for recognition.

(4) An employer response to the amended request or intervention shall be filed with the regional office within 15 days following the service of the Board's determination of adequacy of proof of support, unless otherwise directed by the Board. The response shall conform to the requirements for employer decisions as set forth in Section 33190.

(c) Amendments to correct technical errors, add or delete job classifications or positions from a party's proposed unit which are requested after the issuance of the notice of hearing are subject to approval by the Board agent assigned to the hearing. The Board agent may grant the requested amendment, if it will not unduly impede the hearing, and if sufficient proof of support is evidenced to support any request for addition of job classifications. Posting of any such amendments shall be at the discretion of the Board agent.

1. Amendment filed 6-18-80; effective thirtieth day thereafter (Register 80, No. 25). For prior history, see Registers 78, No. 3 and 78, No. 20.
2. Amendment filed 9-20-82; effective upon filing pursuant to Government Code Section 11346.2(d) (Register 82, No. 39).

Note: Authority cited: Section 3541.3(g), Government Code. Reference: Sections 3541.3(l), 3544 and 3544.1(b), Government Code.

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