California Code of Regulations
Title 8 - Industrial Relations
Division 3 - Public Employment Relations Board
Chapter 4 - Higher Education Employer-Employee Relations Act
Subchapter 1 - Representation Procedures
Article 2 - Request for Recognition and Intervention
Section 51030 - Request for Recognition

Universal Citation: 8 CA Code of Regs 51030

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

(a) A request for recognition by an employee organization seeking to become the exclusive representative of an appropriate unit shall be filed with the employer. A copy of the request shall be filed concurrently with the regional office. The request shall be signed by an authorized agent of the employee organization and be on a form provided by the Board.

(b) Proof of majority support in the unit claimed to be appropriate shall be filed with the regional office or with a mutually agreed upon third party concurrent with the filing of the request for recognition. Proof of support is defined in Chapter 1, Section 32700 of these regulations.

(c) Concurrent with the filing of the request, the employee organization shall serve a copy of the request, excluding the proof of majority sup-port, on the parties. Proof of service pursuant to Section 32140 is required.

(d) A petition to become the exclusive representative of a group of employees who are already members of a larger established unit represented by an incumbent exclusive representative shall be filed pursuant to either Article 2 or Article 3 and in accordance with the provisions of Article 7 (commencing with Section 51680). A petition to become the exclusive representative of all of the employees in an established unit represented by an incumbent exclusive representative shall be filed pursuant to Chapter 1, Subchapter 6, Article 4 (commencing with Section 32770) of these regulations.

1. Amendment of subsection (b) filed 12-31-79 as an emergency; effective upon filing (Register 80, No. 1). A Certificate of Compliance must be filed within 120 days or emergency language will be repealed on 4-30-80.
2. Repealed by operation of Section 11422.1(c), Government Code (Register 80, No. 21).
3. Amendment of subsection (b) filed 5-21-80 as an emergency; effective upon filing (Register 80, No. 21). A Certificate of Compliance must be filed within 120 days or emergency language will be repealed on 9-19-80.
4. Certificate of Compliance filed 6-18-80 (Register 80, No. 25).
5. Amendment filed 6-18-80; effective thirtieth day thereafter (Register 80, No. 25).
6. Amendment filed 9-20-82; effective upon filing pursuant to Government Code Section 11346.2(d) (Register 82, No. 39).
7. Change without regulatory effect amending subsections (b) and (d) filed 3-22-95 pursuant to section 100, title 1, California Code of Regulations (Register 95, No. 12).

Note: Authority cited: Section 3563(f), Government Code. Reference: Sections 3563 (l) and 3573, Government Code.

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