Cal. Code Regs. tit. 8 § 32781

Current through Register 2024 Notice Reg. No. 45, November 8, 2024

Section 32781 - Petition

Absent agreement of the parties to modify a unit, an exclusive representative, an employer, or both must file a petition for unit modification in accordance with this section. Parties who wish to obtain Board approval of a unit modification may file a petition in accordance with the provisions of this section.

(a) A recognized or certified employee organization may file with the regional office a petition for modification of its units:

(1) To add to the unit unrepresented classifications or positions;

(2) To divide an existing unit into two or more appropriate units;

(3) To consolidate two or more established units into one appropriate unit.

(b) A recognized or certified employee organization, an employer, or both jointly may file with the regional office a petition for unit modification:

(1) To delete classifications or positions which by virtue of change in circumstances are no longer appropriate to the established unit because said classification(s) or position(s) are management, supervisory, confidential, not covered by TEERA, EERA, HEERA, JCEERA or Ralph C. Dills Act, or otherwise prohibited by statute from inclusion in the unit;

(2) To make technical changes to clarify or update the unit description.

(3) To resolve a dispute as to unit placement or designation of a new classification or position.

(4) To delete classification(s) or position(s) not subject to (1) above which are not appropriate to the unit because said classification(s) or positions(s) are management, supervisory, confidential, not covered by TEERA, EERA, HEERA, JCEERA or Ralph C. Dills Act, or otherwise prohibited by statute from inclusion in the unit, provided that:

(A) The petition is filed jointly by the employer and the recognized or certified employee organization, or

(B) There is not in effect a lawful written agreement or memorandum of understanding, or

(C) The petition is filed during the "window period" of a lawful written agreement or memorandum of understanding as defined in these regulations in Section 33020 for EERA, Section 40130 for Ralph C. Dills Act, Section 51026 for HEERA, Section 71026 for TEERA, or Section 95000 for JCEERA.

(c) All affected recognized or certified employee organizations may jointly file with the regional office a petition to transfer classifications or positions from one represented established unit to another.

(d) The petition shall be signed by an authorized agent of each petitioning party and shall include the following information:

(1) The name, address and telephone number of the exclusive representative(s) of the unit(s) affected by the petition;

(2) The name, address and telephone number of the employer and the name, address and telephone number of the agent to be contacted;

(3) A brief description and the title(s) of the established unit(s);

(4) The approximate number of employees in the established unit;

(5) The approximate number of employees covered by the petition;

(6) The effective and expiration dates of the current written agreement or memorandum of understanding, if any, covering employees in the established unit;

(7) A description of the modification(s) sought by the petition;

(8) The name and address of any other employee organization known to have an interest in representing employees covered by the petition;

(9) A statement of the reasons for the modification(s).

(e)

(1) If the petition requests the addition of classifications or positions to an established unit, and the proposed addition would increase the size of the established unit by ten percent or more, the Board shall require proof of majority support of persons employed in the classifications or positions to be added.

(2) If the petition requests the addition of classifications or positions to an established unit and the classifications or positions are also included in a proposed appropriate unit in a pending request for recognition or petition for certification, the Board shall require proof of at least thirty percent support of persons employed in the classifications or positions to be added.

(3) Proof of support is defined in Section 32700 of these regulations.

(f) A copy of a petition filed solely by an exclusive representative or an employer shall be concurrently served on the other party, and on any additional interested party. Proof of service pursuant to Section 32140 is required. Proof of support, if required, shall be filed only with the regional office.

Cal. Code Regs. Tit. 8, § 32781

1. New article 5 (sections 32781-32786, not consecutive) filed 9-20-82; effective upon filing pursuant to Government Code section 11346.2(d) (Register 82, No. 39).
2. New subsection (b)(5) filed 2-14-83; effective upon filing pursuant to Government Code section 11346.2(d) (Register 83, No. 8).
3. Amendment of subsections (b), (d) and (e) filed 10-10-85; effective thirtieth day thereafter (Register 85, No. 41).
4. Amendment filed 12-13-88; operative 1-1-89 (Register 88, No. 53).
5. Amendment of subsection (b) filed 12-29-88; operative 1-28-89 (Register 89, No. 4).
6. Repealer of subsection (g) filed 6-3-94; operative 7-5-94 (Register 94, No. 22).
7. Change without regulatory effect amending subsection (b)(4) filed 8-7-95 pursuant to section 100, title 1, California Code of Regulations (Register 95, No. 32).
8. Amendment of subsection (b)(1) filed 1-8-99; operative 2-7-99 (Register 99, No. 2).
9. Change without regulatory effect amending NOTE filed 2-15-2001 pursuant to section 100, title 1, California Code of Regulations (Register 2001, No. 7).
10. Amendment of subsections (b)(1), (b)(4) and (b)(4)(C) and amendment of NOTE filed 2-2-2004 as an emergency; operative 2-2-2004 (Register 2004, No. 6). A Certificate of Compliance must be transmitted to OAL by 6-1-2004 or emergency language will be repealed by operation of law on the following day.
11. Certificate of Compliance as to 2-2-2004 order transmitted to OAL 5-4-2004 and filed 6-8-2004 (Register 2004, No. 24).
12. Amendment of subsection (d), new subsections (d)(1)-(9), redesignation and amendment of former subsection (e) as subsection (e)(1), new subsections (e)(2)-(3) and amendment of NOTE filed 4-11-2006; operative 5-11-2006 (Register 2006, No. 15).
13. Editorial correction designating a portion of subsection (e)(1) as subsection (e)(3) (Register 2007, No. 48).
14. Amendment of subsection (f) filed 11-29-2007; operative 12-29-2007 (Register 2007, No. 48).
15. Amendment of subsections (b)(1), (b)(4) and (b)(4)(C) and amendment of NOTE filed 4-18-2023; operative 7-1-2023 (Register 2023, No. 16).

Note: Authority cited: Sections 3513(h), 3524.52(a), 3541.3(e) and (g) and 3563(e) and (f), Government Code; and Section 99561(f), Public Utilities Code. Reference: Sections 3513(h), 3524.52(a), 3524.53, 3524.74, 3541.3(a) and (e) and 3563(a), Government Code; and Section 99561(a), (e), Public Utilities Code.

1. New article 5 (sections 32781-32786, not consecutive) filed 9-20-82; effective upon filing pursuant to Government Code section 11346.2(d) (Register 82, No. 39).
2. New subsection (b)(5) filed 2-14-83; effective upon filing pursuant to Government Code section 11346.2(d) (Register 83, No. 8).
3. Amendment of subsections (b), (d) and (e) filed 10-10-85; effective thirtieth day thereafter (Register 85, No. 41).
4. Amendment filed 12-13-88; operative 1-1-89 (Register 88, No. 53).
5. Amendment of subsection (b) filed 12-29-88; operative 1-28-89 (Register 89, No. 4).
6. Repealer of subsection (g) filed 6-3-94; operative 7-5-94 (Register 94, No. 22).
7. Change without regulatory effect amending subsection (b)(4) filed 8-7-95 pursuant to section 100, title 1, California Code of Regulations (Register 95, No. 32).
8. Amendment of subsection (b)(1) filed 1-8-99; operative 2-7-99 (Register 99, No. 2).
9. Change without regulatory effect amendingNote filed 2-15-2001 pursuant to section 100, title 1, California Code of Regulations (Register 2001, No. 7).
10. Amendment of subsections (b)(1), (b)(4) and (b)(4)(C) and amendment of Note filed 2-2-2004 as an emergency; operative 2-2-2004 (Register 2004, No. 6). A Certificate of Compliance must be transmitted to OAL by 6-1-2004 or emergency language will be repealed by operation of law on the following day.
11. Certificate of Compliance as to 2-2-2004 order transmitted to OAL 5-4-2004 and filed 6-8-2004 (Register 2004, No. 24).
12. Amendment of subsection (d), new subsections (d)(1)-(9), redesignation and amendment of former subsection (e) as subsection (e)(1), new subsections (e)(2)-(3) and amendment of Note filed 4-11-2006; operative 5-11-2006 (Register 2006, No. 15).
13. Editorial correction designating a portion of subsection (e)(1) as subsection (e)(3) (Register 2007, No. 48).
14. Amendment of subsection (f) filed 11-29-2007; operative 12-29-2007 (Register 2007, No. 48).
15. Amendment of subsections (b)(1), (b)(4) and (b)(4)(C) and amendment of Note filed 4-18-2023; operative 7/1/2023 (Register 2023, No. 16).