California Code of Regulations
Title 8 - Industrial Relations
Division 3 - Public Employment Relations Board
Chapter 5 - Meyers-Milias-Brown Act
Subchapter 1 - Enforcement and Application of Local Rules Concerning Unit Determinations, Recognition, Representation and Elections
Article 3 - Petition for Certification or Recognition
Section 61210 - Petition for Certification

Universal Citation: 8 CA Code of Regs 61210

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

(a) An employee organization may file a petition for certification, by means of an election, to become the exclusive representative of an appropriate unit consisting of a group of employees who are not included in an established unit represented by an exclusive representative. The petition shall be filed with the appropriate regional office; be signed by an authorized agent of the employee organization; and include the following information:

(1) The name, address and telephone number of the employee organization and the name, address and telephone number of the agent to be contacted;

(2) The name, address and telephone number of the employer and the name, address and telephone number of the agent to be contacted;

(3) A description of the proposed appropriate unit, including the classifications and positions to be included and those to be excluded;

(4) The approximate number of employees in the proposed appropriate unit;

(5) The name and address of any other employee organization, if any, known to have an interest in representing the employees covered by the unit.

(b) The petition shall be accompanied by proof of at least 30 percent support of the employees in the unit claimed to be appropriate. Proof of support is defined in Chapter 1, Section 32700 of these regulations.

(c) Service of the petition, excluding the proof of support, and proof of service pursuant to Section 32140 are required.

1. New article 3 (sections 61210-61270) and section filed 6-11-2001 as an emergency; operative 7-1-2001 (Register 2001, No. 24). A Certificate of Compliance must be transmitted to OAL by 10-29-2001 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 6-11-2001 order transmitted to OAL 10-18-2001 and filed 12-4-2001 (Register 2001, No. 49).
3. Amendment of article heading and amendment of subsections (a) and (c) filed 3-18-2013; operative 7-1-2013 (Register 2013, No. 12).
4. Amendment of subsection (b) filed 1-14-2021; operative 2-15-2021 pursuant to Government Code section 11343.4(b)(3) (Register 2021, No. 3).

Note: Authority cited: Sections 3509(a), 3541.3(g) and 3541.3(n), Government Code. Reference: Sections 3507, 3507.1, 3507.3, 3507.5, 3508, 3509 and 3541.3(l), Government Code.

Disclaimer: These regulations may not be the most recent version. California may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.