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 4 - Employer Decision; Request for Board Investigation
Section 33237 - Board Investigation

Universal Citation: 8 CA Code of Regs 33237

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

(a) Whenever a petition regarding a representation matter 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 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) The conditions of Government Code Section 3544.1(c) or (d) or 3544.7(b) exist. A petition filed less than 120 days, but more than 90 days, prior to the expiration date of a lawful written agreement negotiated by the public school employer and another employee organization must actually be received in the manner set out in Section 32135 during the "window period" as defined by Section 33020; or

(3) A valid 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 petition.

1. New section filed 6-18-80; effective thirtieth day thereafter (Register 80, No. 25).
2. Editorial correction of NOTE 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: Section 3544.7, Government Code.

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