Cal. Code Regs. tit. 8 § 20400

Current through Register 2024 Notice Reg. No. 44, November 1, 2024

Section 20400 - Filing of Declaration Requesting Mandatory Mediation and Conciliation

(a) Where the certification issued prior to January 1, 2003:

A declaration pursuant to Labor Code section 1164(a)(1) may be filed with the Board by either the agricultural employer or the certified labor organization at any time at least 90 days after a renewed demand to bargain, as defined in subdivision (a)(2). The declaration shall be served and filed in accordance with sections 20160, 20166, and 20169. The declaration shall be signed under penalty of perjury by an authorized representative of the filing party, shall state that the parties are subject to an existing certification and have failed to reach a collective bargaining agreement, and shall state that (A) the parties have failed to reach agreement for at least one year after the date on which the labor organization made its initial request to bargain, (B) the employer has committed an unfair labor practice, describing the nature of the violation, and providing the corresponding Board decision number or case number, (C) the parties have not previously had a binding contract between them, and (D) the employer has employed or engaged 25 or more agricultural employees during a calendar week in the year preceding the filing of the declaration. In addition, the declaration shall be accompanied by any documentary or other evidence that supports the above statements and establishes the date of the renewed demand to bargain.

(1) The unfair labor practice referred to above is one where a final Board decision has issued or where there is a settlement agreement that includes an admission of liability.

(2) The renewed demand to bargain referred to above is one that occurred on or after January 1, 2003.

(b) Where the certification issued after January 1, 2003:

A declaration pursuant to Labor Code section 1164(a)(2) may be filed with the Board by the agricultural employer or the certified labor organization at any time at least 90 days after the initial request to bargain by either party following the certification. The declaration shall be served and filed in accordance with sections 20160, 20166, and 20169. The declaration shall be signed under penalty of perjury, shall state that the parties are subject to an existing certification and have failed to reach a collective bargaining agreement, shall provide the date of the initial request to bargain, and shall state that the employer has employed or engaged 25 or more agricultural employees during a calendar week in the year preceding the filing of the declaration. In addition, the declaration shall be accompanied by any documentary or other evidence that supports the above statements.

(c) Where the request for mandatory mediation and conciliation is based on certification of a labor organization pursuant to Labor Code section 1156.3(f), or the dismissal of a decertification petition pursuant to Labor Code section 1164(a)(4):

A declaration pursuant to Labor Code section 1164(a)(3) or (a)(4) may be filed with the Board by the agricultural employer or the certified labor organization at any time at least 60 days after the date the certification was issued or the decertification petition was dismissed, as appropriate. The declaration shall be served and filed in accordance with sections 20160, 20166, and 20169. The declaration shall be signed under penalty of perjury, shall state that the parties are subject to an existing certification and have no collective bargaining agreement currently in effect, shall provide a citation to the Board order qualifying the request pursuant to Labor Code section 1164(a)(3) or (a)(4), and shall state that the employer has employed or engaged 25 or more agricultural employees during a calendar week in the year preceding the filing of the declaration. In addition, the declaration shall be accompanied by any documentary or other evidence that supports the above statements.

(d) For the purpose of determining the number of declarations permitted to be filed by a labor organization, the term "party" as used in Labor Code section 1164.12 shall refer to the labor organization named in the Board's certifications.

Cal. Code Regs. Tit. 8, § 20400

1. New chapter 4 (sections 20400-20408) and section filed 5-7-2003; operative 5-7-2003 pursuant to Government Code section 11343.4 (Register 2003, No. 19). For prior history of sections 20400, 20430, 20460, 20480 and 20490, see Register 92, No. 4.
2. Amendment of subsection (b), new subsection (c), subsection relettering and amendment of NOTE filed 5-2-2012; operative 5-2-2012 pursuant to Government Code section 11343.4 (Register 2012, No. 18).
3. Amendment filed 5-23-2017; operative 5-23-2017 pursuant to Government Code section 11343.4(b)(3) (Register 2017, No. 21).
4. Amendment of subsections (a)-(c) filed 8-29-2023; operative 10/1/2023 (Register 2023, No. 35).

Note: Authority cited: Section 1144, Labor Code. Reference: Sections 1156.3, 1164, 1164.11 and 1164.12, Labor Code.

1. New chapter 4 (sections 20400-20408) and section filed 5-7-2003; operative 5-7-2003 pursuant to Government Code section 11343.4 (Register 2003, No. 19). For prior history of sections 20400, 20430, 20460, 20480 and 20490, see Register 92, No. 4.
2. Amendment of subsection (b), new subsection (c), subsection relettering and amendment of Note filed 5-2-2012; operative 5-2-2012 pursuant to Government Code section 11343.4(Register 2012, No. 18).
3. Amendment filed 5-23-2017; operative 5/23/2017 pursuant to Government Code section 11343.4(b)(3) (Register 2017, No. 21).
4. Amendment of subsections (a)-(c) filed 8-29-2023; operative 10/1/2023 (Register 2023, No. 35).