Section 20385 - Clarification of Bargaining Unit; Amendment of Certification(a) A petition seeking clarification of an existing bargaining unit in order to resolve questions of unit composition which were left unresolved at the time of certification or were raised by changed circumstances since certification may be filed by a labor organization or by an employer where no question concerning representation exists. A petition seeking amendment of a certification to reflect changed circumstances, such as changes in the name or affiliation of the labor organization or in the site or location of the employer, may be filed by a labor organization or by an employer where no question concerning representation exists.(b) A petition for clarification of an existing bargaining unit or for amendment of a certification shall contain: (1) the name and address of the petitioner;(2) the name and address of the employer, the certified bargaining representative, and any other labor organization which claims to represent any employees affected by the proposed clarification or amendment;(3) a description of the existing certification, including job classifications of employees and location of property covered by the certification;(4) a description of the proposed clarification or amendment and a statement of reasons why petitioner seeks clarification or amendment; and(5) any other relevant facts.(c) A petition under this section shall be filed in the regional office which conducted the election leading to certification, and petitioner shall serve, in the manner provided in sections 20160 and 20166, the executive secretary, all other parties, and any organization named in subdivision (b)(2). The regional director shall conduct such investigation of the issues raised by the petition as the regional director deems necessary. Thereafter the regional director shall issue to the Board a report containing the regional director's conclusions and recommendations and a detailed summary of the facts underlying them. A copy of the regional director's report shall be served on all parties and any organization named in subdivision (b)(2). Where, after investigation, the regional director deems it appropriate, the regional director may, rather than issuing an investigative report, request permission from the executive secretary to issue a notice of hearing on the question of whether the unit clarification petition or the amendment of certification should be granted or denied. A copy of the notice of hearing shall be served on all parties. Such hearings will be in good accord with section 20370.(d) The conclusions and recommendations of the regional director in the report provided for in subdivision (c) shall be final unless exceptions to the conclusions and recommendations are filed electronically pursuant to section 20169 or, if filed by an unrepresented party who has not consented to electronic filing, by personal service on the executive secretary or by registered mail postmarked within five days following service of the regional director's report upon the parties. The exceptions shall be filed and shall be accompanied by declarations and other documentary evidence in support of the exceptions. Copies of any exceptions and supporting documents shall be served pursuant to section 20166 on all other parties to the proceeding and on the regional director, and proof of service shall be filed with the executive secretary along with the exceptions.Cal. Code Regs. Tit. 8, § 20385
1. Amendment of subsections (b) and (c) and new subsection (d) filed 3-14-78; effective thirtieth day thereafter (Register 78, No. 11).
2. Amendment of subsection (c) filed 9-20-91; operative 10-21-91 (Register 92, No. 4).
3. Change without regulatory effect amending subsection (d) filed 11-4-91 pursuant to section 100, title 1, California Code of Regulations (Register 92, No. 12).
4. Amendment of subsection (b)(3) and amendment of NOTE filed 7-8-99; operative 8-7-99 (Register 99, No. 28).
5. Amendment of subsections (c)-(d) and amendment of NOTE filed 8-29-2023; operative 10/1/2023 (Register 2023, No. 35). Note: Authority cited: Section 1144, Labor Code. Reference: Sections 1142, 1156 and 1156.2, Labor Code.
1. Amendment of subsections (b) and (c) and new subsection (d) filed 3-14-78; effective thirtieth day thereafter (Register 78, No. 11).
2. Amendment of subsection (c) filed 9-20-91; operative 10-21-91 (Register 92, No. 4).
3. Change without regulatory effect amending subsection (d) filed 11-4-91 pursuant to section 100, title 1, California Code of Regulations (Register 92, No. 12).
4. Amendment of subsection (b)(3) and amendment of Note filed 7-8-99; operative 8-7-99 (Register 99, No. 28).
5. Amendment of subsections (c)-(d) and amendment of NOTE filed 8-29-2023; operative 10/1/2023 (Register 2023, No. 35).