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 7 - Severance Request
Section 33700 - Severance Request
Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) An employee organization may file a request 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 by filing a request for recognition in accordance with the provisions of Article 2 (commencing with Section 33050). All provisions of Articles 2 and 3 of this Subchapter shall be applicable to a severance request except as provided in this Article 6.
(b) Whenever the conditions of Government Code Section 3544.1(c) exist, a severance request for recognition or intervention must be filed in accordance with Section 32135 with the employer during the "window period" as defined by Section 33020.
(c) Any amendment to a request for recognition or intervention to add classifications or positions which are included in an established unit must be filed in the manner set out in Section 32135 during the "window period" defined by Section 33020.
1. New Article 9 (Sections 33700 and 33710) filed 6-18-80; effective thirtieth day thereafter (Register 80, No. 25).
2. Renumbering and amendment of Article 7 (Sections 33280-33450, not consecutive) to Article 5 and renumbering and amendment of Article 9 (Sections 33700 and 33710) to Article 7 (Sections 33700 and 33710) filed 9-20-82; effective upon filing pursuant to Government Code Section 11346.2(d) (Register 82, No. 39).
3. Change without regulatory effect amending subsection (a) filed 3-22-95 pursuant to section 100, title 1, California Code of Regulations (Register 95, No. 12).
4. Amendment of first paragraph 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 A Certificate of Compliance must be transmitted to OAL by 6-1-2004 or emergency language will be repealed by operation of law on the following day.
5. 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(a), (l), 3544 and 3544.1(b), Government Code.
