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 4 - Petition for Decertification
Section 72035 - Petition for Decertification Without Replacement
Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) A petition to decertify an existing exclusive representative in an established unit may be filed by an employee or group of employees within the bargaining unit or by an employee organization acting on their behalf asserting that the incumbent exclusive representative no longer represents the employees in the bargaining unit. The petition shall be filed pursuant to Sections 32110 and 32115 of these regulations. A petition by an employee organization to decertify and replace the incumbent exclusive representative is considered a petition for certification and is properly filed pursuant to the regulations governing petitions for certification.
(b) The petition shall be signed or electronically signed by an authorized agent of the petitioner, and include the following information:
(c) The petition shall be accompanied by proof that at least 30 percent of the employees in the established unit no longer desire to be represented by the incumbent exclusive representative. Proof of support is defined in Section 32700 of these regulations.
(d) Service of the employee organization's petition, excluding the proof of at least 30 percent support, and proof of service pursuant to Section 32140 are required.
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.