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 5 - Petition for Clarification of Bargaining Unit
Section 72045 - Petition for Unit Clarification
Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) A petition for clarification of an existing bargaining unit may be initiated by an exclusive representative or a PUC transit employer when there is a certified or currently recognized bargaining unit representative for the following reasons:
(b) A petition for unit clarification shall be filed pursuant to Section 32110 of these regulations. The petition shall be signed or electronically signed by an authorized agent of the petitioner and include the following information:
(c) If the petition requests the addition of classifications or positions to an established unit, SMCS shall base its decision on the criteria set forth in Article 10 of this Subchapter. Normally, no proof of support shall be required. However, if SMCS finds the criteria set forth in Article 10 of this Subchapter favor adding classifications or positions to an existing unit, and the number of employees to be added is so numerous that it would likely disrupt the incumbent's majority support within the bargaining unit, then SMCS shall determine whether to require proof of support of a majority of the employees to be added or hold an election upon a showing of proof of support of at least 30 percent of the persons to be added.
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.