California Code of Regulations
Title 8 - Industrial Relations
Division 3 - Public Employment Relations Board
Chapter 7 - Trial Court Employment Protection and Governance Act
Article 3 - Petition for Certification
Section 81240 - Determination of Proof of Support
Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) Within 20 days of the date of service of a copy of the petition for certification, the employer shall file with the regional office an alphabetical list, including job titles or classifications, of the employees employed in the claimed unit as of the last date of the payroll period immediately preceding the date the petition was filed, unless otherwise directed by the Board.
(b) If after initial determination the proof of support is insufficient, the Board may allow up to 10 days to perfect the proof of support.
(c) Upon completion of the review of the proof of support, the Board shall inform the parties in writing of the final determination as to sufficiency or lack thereof regarding the proof of support. The Board's determination shall also indicate whether proof of majority support has been established. The petition shall be dismissed if the Board determines that the petition lacks at least 30 percent proof of support.
1. New section filed 8-30-2004 as an emergency; operative 8-30-2004 (Register 2004, No. 36). A Certificate of Compliance must be transmitted to OAL by 12-28-2004 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 12-27-2004 as an emergency; operative 12-29-2004 (Register 2004, No. 53). A Certificate of Compliance must be transmitted to OAL by 4-28-2005 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 12-27-2004 order transmitted to OAL 4-26-2005 and filed 5-31-2005 (Register 2005, No. 22).
Note: Authority cited: Sections 3541.3(g) and 71639.1(b), Government Code. Reference: Sections 3541.3, 71636, 71636.3, 71637, 71637.1 and 71639.1, Government Code.
