1. (a) An employee organization may file a petition to become the exclusive representative of an appropriate unit consisting of a group of employees who are not included in an established unit represented by an exclusive representative. The petition shall be filed with the appropriate regional office; be signed by an authorized agent of the employee organization; and include the following information:

   1. (1) The name, address and telephone number of the employee organization and the name, address and telephone number of the agent to be contacted;
   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 description of the proposed appropriate unit, including the classifications and positions to be included and those to be excluded;
   4. (4) The approximate number of employees in the proposed appropriate unit;
   5. (5) The name and address of any other employee organization, if any, known to have an interest in representing the employees covered by the unit.
2. (b) The petition shall be accompanied by proof of at least 30 percent support of the employees in the unit claimed to be appropriate. 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 71825(b), Government Code. Reference: Sections 3541.3, 71823 and 71825, Government Code.

History

1. New article 3 (sections 91210-91270) 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 A Certificate of Compliance must be transmitted to OAL by 12-28-2004 or emergency language will be repealed by operation of law on the following day.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 3 (sections 91210-91270) 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 A Certificate of Compliance must be transmitted to OAL by 4-28-2005 or emergency language will be repealed by operation of law on the following day.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) filed 1-14-2021; operative 2-15-2021 pursuant to Government Code section 11343.4(b)(3) (Register 2021, No. 3).