- (a) A request for recognition by an employee organization seeking to become the exclusive representative of an appropriate unit shall be filed with the employer.
- (b) The parties may agree that PERB or a third party shall determine the outcome of a request for recognition based upon proof of support as defined in Section 32700 of these regulations, or the employer may decline to enter into such an agreement if it has a good faith, reasonable basis to doubt majority support, and in such instance the employer instead may request that an investigation be conducted or an election be held upon a showing of support from at least 30 percent of the unit in accordance with Section 71090.
- (c) If the parties agree that PERB or a third party shall determine majority support, proof of majority support in the unit claimed to be appropriate shall be filed with the regional office or with a mutually agreed upon third party. Determination of proof of majority support, if performed by PERB, shall be in accordance with Sections 71110 and 71120 of these regulations.
Note: Authority cited: Section 99561(f), Public Utilities Code. Reference: Sections 99561(k), 99564, 99564.1, 99564.2 and 99564.3, Public Utilities Code.
History
1. New article 2 (sections 71030-71095) and section 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 A Certificate of Compliance must be transmitted to OAL by 6-1-2004 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 2-2-2004 order transmitted to OAL 5-4-2004 and filed 6-8-2004 (Register 2004, No. 24).
3. Amendment filed 6-5-2024; operative 10-1-2024 (Register 2024, No. 23).