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 6 - Severance Petition
Section 61410 - Response to Severance Petition

Universal Citation: 8 CA Code of Regs 61410

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

(a) The public agency and the exclusive representative of the established unit may file responding statements supporting or opposing the severance petition. Such response shall be filed with the regional office within 20 days following the date of service of the severance petition. Service and proof of service of the response pursuant to Section 32140 are required.

(b) The response shall be in writing, signed by an authorized agent of the responding party and contain the following information:

(1) A copy of the severance petition;

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

(3) A statement confirming or refuting the information contained in the severance petition regarding the date the incumbent exclusive representative was recognized or certified, and the effective date and the expiration date of any current memorandum of understanding covering employees in the established unit; and,

(4) A concise statement setting forth the basis for support of or opposition to the unit proposed by the petition.

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 A Certificate of Compliance must be transmitted to OAL by 10-29-2001 or emergency language will be repealed by operation of law on the following day.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).

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

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