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 9 - Representation Elections
Section 72190 - Powers and Duties of SMCS Concerning Objections and Challenges
Current through Register 2024 Notice Reg. No. 38, September 20, 2024
SMCS may schedule a hearing when substantial and material factual disputes exist. With or without a hearing, SMCS has the power to:
(a) Direct any party to submit evidence through declarations signed under penalty of perjury or through other documents;
(b) Subpoena records;
(c) Direct any party to submit an offer of proof;
(d) Conduct investigatory conferences with the parties to explore and resolve factual or legal issues;
(e) Dismiss any objections or challenges; and
(f) Order a new election. In cases of egregious conduct preventing a fair new election, SMCS may issue a bargaining order, but such an order must be following a hearing.
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.
