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 3 - Representation Proceedings Under Public Utilities Code Transit Labor Relations Acts Other than TEERA
Article 2 - Petition for Certification
Section 72020 - Amendment of Petition for Certification

Universal Citation: 8 CA Code of Regs 72020

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

(a) A petition for certification may be amended to correct technical errors or to add or delete job classifications from the proposed unit at any time prior to the issuance of a notice of hearing or notice of intent to conduct election. The amendment shall be filed with SMCS and include the information described in Section 72005. Service and proof of service of the amendment pursuant to Section 32140 are required.

(b) In addition, amendments to add new job classifications to a proposed unit shall be subject to the following:

(1) Additional proof of support, if needed to maintain standing as a petitioner, shall be filed with SMCS concurrently with the amendment.

(2) An employer response to the amended petition shall be filed with SMCS within 15 days following the service of SMCS's determination of adequacy of proof submitted in support of the petition, unless otherwise directed by the Director. The response shall conform to the requirements for employer responses as set forth in Section 72025.

(c) Amendments to correct technical errors or to add or delete job classifications from a party's proposed unit which are requested after the issuance of the notice of hearing are subject to approval by the hearing officer. The hearing officer shall grant the requested amendment, so long as it will not serve to unduly impede or delay the hearing and provided that sufficient proof of support is evidenced to support any request for addition of job classifications.

Note: Authority cited: Sections 3541.3(g) and 3603, Government Code; and Sections 30751, 40122, 70122, 90300, 98162.5, 100301, 101344, 102403, 103401, 120505, 125521, Appendix 1, Section 4.4 and Appendix 2, Section 13.91, Public Utilities Code. Reference: Sections 25052, 28851, 30751, 40122, 50121, 70122, 90300, 95651, 98162.5, 100301, 101344, 102403, 103401, 120505, 125521, Appendix 1, Section 4.4 and Appendix 2, Section 13.91, Public Utilities Code.

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