Statutes, codes, and regulations
California Code Of Regulations
Title 8 - Industrial RelationsDivision 3 - Public Employment Relations BoardChapter 1 - Public Employment Relations BoardSubchapter 6 - Representation Proceedings
Article 5 - Petition for Unit Modification
Section 32786 - Disposition of Petitions

Cal. Code Regs. tit. 8 § 32786

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Current through Register 2024 Notice Reg. No. 50, December 13, 2024
Section 32786 - Disposition of Petitions
(a) Upon receipt of a petition for unit modification, the Board 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) The Board shall dismiss a petition (1) if it is found to be improperly or not timely filed; or, (2) if proof of support submitted falls short of the required level of support; or, (3) if a representation election result has been certified within the 12 months immediately proceeding the date of filing of the petition which covers any employees proposed to be added to the unit; or, (4) if, within the previous 12 months, the employer has lawfully recognized, or the Board has certified, the exclusive representative in the described unit or a subdivision thereof.
(c) The Board may request proof of support or order an election among unrepresented employees to be added to a unit, if classifications found appropriate to be added to the unit do not include all classifications originally petitioned for.
(d) Board Order of Unit Modification.
(1) The Board shall issue an order of unit modification whenever the disposition of a petition filed under this Article results in the modification of a unit.
(2) The order shall not be considered to be a new certification for the purpose of computing time limits pursuant to Section 32754.

Cal. Code Regs. Tit. 8, § 32786

1. Editorial correction of NOTE filed 3-22-83 (Register 83, No. 13).
2. Amendment of subsection (b) filed 12-13-88; operative 1-1-89 (Register 88, No. 53).
3. Change without regulatory effect amending NOTE filed 2-15-2001 pursuant to section 100, title 1, California Code of Regulations (Register 2001, No. 7).
4. Amendment of NOTE filed 2-2-2004 as an emergency; operative 2-2-2004 (Register 2004, No. 6). A Certificate of Compliance must be transmitted to OAL by 6-1-2004 or emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 2-2-2004 order transmitted to OAL 5-4-2004 and filed 6-8-2004 (Register 2004, No. 24).
6. Amendment of subsection (b) filed 11-29-2007; operative 12-29-2007 (Register 2007, No. 48).
7. Amendment of NOTE filed 4-18-2023; operative 7-1-2023 (Register 2023, No. 16).

Note: Authority cited: Sections 3513(h), 3524.52(a), 3541.3(e), (g) and 3563(e), (f), Government Code; and Section 99561(f), Public Utilities Code. Reference: Sections 3513(h), 3524.52(a), 3524.53, 3524.74, 3524.77, 3541.3(a), (e) and 3563(a), Government Code; and Section 99561(a), (e), (g), Public Utilities Code.

1. Editorial correction of NOTE filed 3-22-83 (Register 83, No. 13).
2. Amendment of subsection (b) filed 12-13-88; operative 1-1-89 (Register 88, No. 53).
3. Change without regulatory effect amendingNote filed 2-15-2001 pursuant to section 100, title 1, California Code of Regulations (Register 2001, No. 7).
4. Amendment of Note filed 2-2-2004 as an emergency; operative 2-2-2004 (Register 2004, No. 6). A Certificate of Compliance must be transmitted to OAL by 6-1-2004 or emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 2-2-2004 order transmitted to OAL 5-4-2004 and filed 6-8-2004 (Register 2004, No. 24).
6. Amendment of subsection (b) filed 11-29-2007; operative 12-29-2007 (Register 2007, No. 48).
7. Amendment of Note filed 4-18-2023; operative 7/1/2023 (Register 2023, No. 16).