1. (a) A petition for an election to decertify an existing exclusive representative in an established unit may be filed by a group of employees within the unit or an employee organization. The petition shall be filed with the regional office and include the following information:

   1. (1) The name, address and telephone number of the petitioning employee organization, if any, and/or the name, address and telephone number of the agent to be contacted on behalf of a petitioning employee organization or group of employees;
   2. (2) The name, address and telephone number of the employer and the name, address and telephone number of the agent to be contacted;
   3. (3) A brief description and the title of the established unit;
   4. (4) The name, address and telephone number of the exclusive representative of the established unit and the name, address and telephone number of the agent to be contacted;
   5. (5) The approximate number of employees in the established unit;
   6. (6) The date on which the exclusive representative was recognized or certified;
   7. (7) The effective and expiration dates of the current memorandum of understanding, if any, covering employees in the unit.

2. (b) The petition shall be accompanied by proof that at least 30 percent of the employees in the established unit either:

   1. (1) No longer desire to be represented by the incumbent exclusive representative; or

   2. (2) Wish to be represented by another employee organization.

      Proof of support is defined in Chapter 1, Section 32700 of these regulations.

3. (c) Service of the petition, excluding the proof of at least 30 percent support, and proof of service pursuant to Section 32140 are required.

Note: Authority cited: Sections 3541.3(g) and 71639.1(b), Government Code. Reference: Sections 3541.3, 71636, 71636.3, 71637, 71637.1 and 71639.1, Government Code.

History

1. New article 5 (sections 81350-81380) and section filed 8-30-2004 as an emergency; operative 8-30-2004 (Register 2004, No. 36). A Certificate of Compliance must be transmitted to OAL by 12-28-2004 or emergency language will be repealed by operation of law on the following day.

2. New article 5 (sections 81350-81380) and section refiled 12-27-2004 as an emergency; operative 12-29-2004 (Register 2004, No. 53). A Certificate of Compliance must be transmitted to OAL by 4-28-2005 or emergency language will be repealed by operation of law on the following day.

3. Certificate of Compliance as to 12-27-2004 order transmitted to OAL 4-26-2005 and filed 5-31-2005 (Register 2005, No. 22).

4. Amendment of subsection (b)(2) filed 1-14-2021; operative 2-15-2021 pursuant to Government Code section 11343.4(b)(3) (Register 2021, No. 3).