Section 20915 - Pre-Petition Investigation of Election Related Issues(a) The regional director may cause an investigation of any issues raised in connection with a Notice of Intention to Take Access or a Notice of Intention to Organize which might affect any subsequent election at the employer, including, but not limited to, questions of appropriate unit, identity of the employer, supervisorial or other non-employee status of persons included in or excluded from a pre-petition list, the appropriate designation of the immediately preceding payroll period, and employer compliance with Labor Code Section 1157.3.(b) If a Notice of Intent to Take Access or Notice of Intent to Organize is served upon a packer, custom harvester, harvesting association, cooperative, hiring association, any person, or association of persons or cooperatives involved in the growing, harvesting or packing of citrus, that entity or person shall, within 72 hours following service of the Notice of Intent to Take Access or Notice of Intent to Organize, make available for inspection and copying by the regional director a written list showing the name(s) of the owner(s)/lessee(s) and the location of each citrus grove or orchard of citrus fruit which the entity or person grows, harvests, or packs. Additionally, if the appropriate bargaining unit and/or the identity of the employer remain unresolved, and the regional director so requests, the entity or person shall, at the same time, make available for inspection and copying by the regional director a copy of those portions of the following documents which are relevant to the resolution by the regional director of bargaining unit and employer identity issues: articles of incorporation and by-laws, if the entity is a corporation; association agreements, partnership agreements, and membership agreements, if any, which it has entered into with citrus growers who are members or providers of citrus fruit; and contracts and harvesting agreements which it has entered into with customers, clients, or other providers of citrus fruit. In cases where a Notice of Intent to Take Access and/or Notice of Intent to Organize is accompanied by a Petition for Certification, the above documents and information shall be made available to the regional director within 24 hours. Except for that information authorized to be disclosed pursuant to Section 20900(e)(6)(C), all other information provided to the regional director as herein required, shall be kept by the regional director in confidence, and shall not be disclosed to any party without prior written approval of the entity or person.(c) Should an entity or person engaged in the growing, harvesting, or packing of citrus, upon whom a Notice of Intent to Take Access or Notice of Intent to Organize has been duly served and from whom the regional director has requested the information described in (b) of this section, refuse to provide all or a portion of such information, the Board may, at the request of the regional director, issue an investigative subpoena. The Board shall enforce the subpoena pursuant to the requirements of Section 20217(b)-(g). However, for purposes of this regulation, the term "regional director" shall be substituted for the terms "general counsel" or "general counsel or his or her agent(s) who has issued the subpoena," and the term "entity or person" shall be substituted for the term "respondent," wherever they appear in Section 20217(b)-(g).Cal. Code Regs. Tit. 8, § 20915
1. New section filed 3-14-78; effective thirtieth day thereafter (Register 78, No. 11).
2. Amendment filed 5-16-83 as an emergency; effective upon filing (Register 83, No. 22).
3. Order of Repeal of 5-16-83 order filed 5-23-83 by OAL pursuant to Government Code Section 11349.6 (Register 83, No. 22).
4. New subsections (b) and (c) filed 1-3-85; effective upon filing pursuant to Government Code Section 11346.2(d) (Register 85, No. 1). Note: Authority cited: Section 1144, Labor Code. Reference: Sections 1151(a) and 1156.3, Labor Code.
1. New section filed 3-14-78; effective thirtieth day thereafter (Register 78, No. 11).
2. Amendment filed 5-16-83 as an emergency; effective upon filing (Register 83, No. 22).
3. Order of Repeal of 5-16-83 order filed 5-23-83 by OAL pursuant to Government Code Section 11349.6 (Register 83, No. 22).
4. New subsections (b) and (c) filed 1-3-85; effective upon filing pursuant to Government Code Section 11346.2(d) (Register 85, No. 1).