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 40182 - Board Investigation
Universal Citation: 8 CA Code of Regs 40182
Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) Whenever a petition for certification 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) Any of the employees in the claimed unit are currently included in any established bargaining unit and are represented by an exclusive representative; 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; or
(4) The petition for certification was filed either after a notice of hearing or, where no hearing has been held, notice of intent to conduct election covering any of the employees in the unit proposed by the petitioner has been issued by the Board.
1. New section filed 1-8-99; operative 2-7-99 (Register 99, No. 2).
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