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 51040 - Intervention
Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) Except as provided in Section 51680(c), an intervention by an employee organization shall be filed with the employer within 15 workdays following the posting of a notice of a request for recognition. A copy of the intervention shall be filed concurrently with the regional office. The intervention shall be signed by an authorized agent of the employee organization, and be on a form provided by the Board.
(b) Proof of at least 30 percent support of the employees in the unit claimed to be appropriate by the intervenor shall be filed with the regional office or with a mutually agreed upon third party concurrent with the filing of the intervention. Proof of support is defined in Chapter 1, Section 32700 of these regulations.
(c) Concurrent with the filing of the intervention, the employee organization shall serve a copy of the intervention, excluding the proof of support, on the parties. Proof of service pursuant to Section 32140 is required.
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 A Certificate of Compliance must be filed within 120 days or emergency language will be repealed on 4-30-80.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 Repealed by operation of Section 11422.1(c), Government Code (Register 80, No. 21).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 A Certificate of Compliance must be filed within 120 days or emergency language will be repealed on 9-19-80.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).
5. Amendment filed 9-20-82; effective upon filing pursuant to Government Code Section 11346.2(d) (Register 82, No. 39).
6. Change without regulatory effect amending subsection (b) filed 3-22-95 pursuant to section 100, title 1, California Code of Regulations (Register 95, No. 12).
7. Editorial correction renumbering HISTORY NOTES (Register 95, No. 32).
8. Change without regulatory effect amending subsection (a) filed 8-7-95 pursuant to section 100, title 1, California Code of Regulations (Register 95, No. 32).
9. Amendment of subsection (b) and repealer of subsections (b)(1) and (b)(2) 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.
10. 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 3563(f), Government Code. Reference: Sections 3563(c), (l) and 3574(b), Government Code.
