Cal. Code Regs. tit. 8 § 72080

Current through Register 2024 Notice Reg. No. 50, December 13, 2024

Section 72080 - Investigation of Petitions by SMCS

(a) Upon receipt of a petition for certification or decertification or for unit clarification or amendment, SMCS shall investigate and, where appropriate, conduct a hearing and/or a representation election, or take such other action as deemed necessary in order to decide the questions raised by the petition and to ensure full compliance with the provisions of the law.

(b) SMCS shall dismiss a certification or decertification petition, or an employer representation petition, if:

(1) the petition is found to be improperly or not timely filed;

(2) if the petitioner has no standing to petition for the action requested;

(3) proof of support submitted falls short of the required level of support, if any;

(4) there is no reasonable cause to believe that there exists a question whether an employee organization or exclusive representative represents a majority of employees of the PUC transit employer in an appropriate unit;

(5) a memorandum of understanding between the employer and an employee organization covering any of the employees subject to the petition is currently in effect, unless it is filed during the "window period" as defined by Section 72000, subsection (c)(7), provided that if such memorandum of understanding has been in effect for three years or more, unless otherwise provided by the authorizing statute, there shall be no restriction as to the time of filing the request; or

(6) within the 12 months immediately preceding the date of filing of the petition, the employer has lawfully recognized an employee organization as the exclusive representative of any employees included in the unit described in the petition, or a valid election result which covers any employees described in the petition is certified.

(c) Any determination made by the Director pursuant to this article may be appealed to the Board itself in accordance with the provisions of Chapter 1, Subchapter 4 of these regulations.

Cal. Code Regs. Tit. 8, § 72080

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.

1. New article 7 (section 72080) and section filed 6-5-2024; operative 10/1/2024 (Register 2024, No. 23).