1. (a) Not later than 90 days following the date an employer decision is filed or required to be filed with the regional office, whichever occurs first, an employee organization may file a petition pursuant to Government Code Section 3544.5(b) or (c) requesting the Board to investigate and decide whether employees have selected or wish to select an exclusive representative or to determine the appropriateness of a unit. The petition shall allege one of the following grounds:

   1. (1) The employer has filed a decision not to recognize the employee organization, but did not request a Board investigation; or
   2. (2) The employer has failed to file an employer decision in response to a request for recognition or an intervention pursuant to Section 33190; or
   3. (3) The employer has wrongfully denied a request for recognition or intervention.
2. (b) The petition shall be filed with the regional office. Service and proof of service of the petition pursuant to Section 32140 are required.

3. (c) The petition shall contain the following information:

   1. (1) The name, address and telephone number of the employee organization and the name, address and telephone number of the employee organization agent to be contacted;
   2. (2) The name, address, county and telephone number of the employer;
   3. (3) A copy of the request for recognition or intervention filed with the employer;
   4. (4) A statement of the issues in dispute.
   5. (5) A statement indicating what specific action(s) is requested of the Board.

Note: Authority cited: Section 3541.3(g), Government Code. Reference: Sections 3541.3(a), (l) and 3544.5(b), (c), Government Code.

History

1. Amendment filed 6-18-80; effective thirtieth day thereafter (Register 80, No. 25).

2. Editorial correction of Note filed 9-20-82; effective upon filing pursuant to Government Code Section 11346.2(d) (Register 82, No. 39).

3. Amendment of subsection (a)(2) 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 A Certificate of Compliance must be transmitted to OAL by 6-1-2004 or emergency language will be repealed by operation of law on the following day.

4. Certificate of Compliance as to 2-2-2004 order transmitted to OAL 5-4-2004 and filed 6-8-2004 (Register 2004, No. 24).