Section 61400 - Severance Petition(a) An employee organization may file a petition to become the exclusive representative of an appropriate unit consisting of a group of employees who are already members of a larger established unit represented by an incumbent exclusive representative by filing a petition for certification in accordance with the provisions of Article 3 of this Chapter. Such a petition shall include the following information: (1) The name, address and telephone number of the petitioning employee organization and the name, address and telephone number of the agent to be contacted;(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 of the established unit;(4) The name, address and telephone number of the exclusive representative of the established unit and the name, address and telephone number of the agent to be contacted;(5) A description of the proposed appropriate unit, including the classifications and positions to be included and those to be excluded;(6) The approximate number of employees in the proposed appropriate unit;(7) The date on which the exclusive representative was recognized or certified;(8) The effective and expiration dates of the current memorandum of understanding, if any, covering employees in the established unit.(b) Whenever a memorandum of understanding exists, a severance petition or an amendment to a severance petition must be filed during the "window period" defined by Section 61010.(c) Concurrent with the filing of a severance petition and any amendment to a severance petition, the employee organization shall serve a copy of the petition or amendment, excluding any proof of support, on the employer and the exclusive representative. Proof of service pursuant to Section 32140 is required.Cal. Code Regs. Tit. 8, § 61400
1. New article 6 (sections 61400-61420) and section filed 6-11-2001 as an emergency; operative 7-1-2001 (Register 2001, No. 24). A Certificate of Compliance must be transmitted to OAL by 10-29-2001 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 6-11-2001 order transmitted to OAL 10-18-2001 and filed 12-4-2001 (Register 2001, No. 49).
3. Amendment of subsection (a) filed 4-11-2006; operative 5-11-2006 (Register 2006, No. 15). Note: Authority cited: Sections 3509(a) and 3541.3(g) and (n), Government Code. Reference: Sections 3507, 3507.1, 3509 and 3541.3(a), (c), (e) and (l), Government Code.
1. New article 6 (sections 61400-61420) and section filed 6-11-2001 as an emergency; operative 7-1-2001 (Register 2001, No. 24). A Certificate of Compliance must be transmitted to OAL by 10-29-2001 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 6-11-2001 order transmitted to OAL 10-18-2001 and filed 12-4-2001 (Register 2001, No. 49).
3. Amendment of subsection (a) filed 4-11-2006; operative 5-11-2006 (Register 2006, No. 15).