California Code of Regulations
Title 8 - Industrial Relations
Division 3 - Public Employment Relations Board
Chapter 6 - Representation Proceedings Under Public Utilities Code Transit District Acts
Subchapter 2 - Representation Procedures Under the los Angeles County Metropolitan Transportation Authority Transit Employer-Employee Relations Act
Article 2 - Request for Recognition and Intervention
Section 71040 - Intervention

Universal Citation: 8 CA Code of Regs 71040

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

(a) Within 15 workdays of the posting of notice of a written request for recognition, another employee organization may file with the employer an intervention to challenge to the appropriateness of the unit or to submit a competing claim of representation. The filing of such a competing claim provides a trigger for one of the competing employee organizations or the employer to file a Petition for Board Investigation.

(b) Proof of at least 30 percent or at least 10 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.

(1) If the intervention is evidenced by at least 30 percent support, a question of representation shall be deemed to exist.

(2) If the intervention is evidenced by at least 10 percent support, the Board shall conduct such inquiries and investigations or hold such hearings as it shall deem necessary in order to decide the questions raised by the intervention. The Board shall notify all parties in writing of any determination made regarding such an intervention.

(c) Determination of proof of support in the unit claimed to be appropriate shall be in accordance with Sections 71110 and 71120 of these regulations.

Note: Authority cited: Section 99561(f), Public Utilities Code. Reference: Sections 99561(k), 99564 and 99564.2, Public Utilities Code.

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