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 61240 - Determination of Proof of Support
Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) Within 20 days of the date of service of a copy of the petition for certification or recognition, the employer shall file with the regional office an alphabetical list, including job titles or classifications, of the employees employed in the claimed unit as of the last date of the payroll period immediately preceding the date the petition was filed, unless otherwise directed by the Board.
(b) If after initial determination the proof of support is insufficient, the Board may allow up to 10 days to perfect the proof of support.
(c) Upon completion of the review of the proof of support, the Board shall inform the parties in writing of the final determination as to sufficiency or lack thereof regarding the proof of support.
(d) A petition for certification shall be dismissed if the Board determines that the petition lacks at least 30 percent proof of support.
(e) A petition for recognition shall be dismissed if the Board determines that the petition lacks proof of majority support.
1. New 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 A Certificate of Compliance must be transmitted to OAL by 10-29-2001 or emergency language will be repealed by operation of law on the following day.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 subsection (c) filed 11-13-2003; operative 12-13-2003 (Register 2003, No. 46).
4. Amendment of subsections (a) and (c) and new subsections (d) and (e) filed 3-18-2013; operative 7-1-2013 (Register 2013, No. 12).
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.
