California Code of Regulations
Title 8 - Industrial Relations
Division 3 - Public Employment Relations Board
Chapter 3 - State Employer-Employee Relations Act
Subchapter 1 - Representation Procedures
Article 1 - General Provisions
Section 40178 - Amendment of Petition for Certification

Universal Citation: 8 CA Code of Regs 40178

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

(a) A petition for certification may be amended to correct technical errors or to add or delete job classifications from the proposed unit at any time prior to the issuance of a notice of hearing, or notice of intent to conduct election. The amendment shall be filed with the regional office and provide the information required in Section 40170(a). Service and proof of service of the amendment pursuant to Section 32140 are required.

(b) In addition, amendments to add new job classifications to a proposed unit shall be subject to the following:

(1) Additional proof of support, if needed to maintain standing as a petitioner, shall be filed with the regional office concurrently with the amendment.

(2) An employer response to the amended petition shall be filed with the regional office within 15 days following the service of the Board determination of adequacy of proof submitted in support of the petition, unless otherwise directed by the Board. The response shall conform to the requirements for employer responses as set forth in Section 40180.

(c) Amendments to correct technical errors or to add or delete job classifications from a party's proposed unit which are requested after the issuance of the notice of hearing are subject to approval by the hearing officer. The hearing officer may grant the requested amendment, so long as it will not serve to unduly impede the hearing and provided that sufficient proof of support is evidenced to support any request for addition of job classifications.

1. New section filed 1-8-99; operative 2-7-99 (Register 99, No. 2).
2. Amendment of subsection (b)(2) filed 6-13-2001; operative 6-13-2001 (Register 2001, No. 24).

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