1. (a) Within 15 days following service of a Board determination finding sufficient proof submitted in support of the petition, the employer shall file a written response with the regional office.
2. (b) Service and proof of service of the response pursuant to Section 32140 are required.

3. (c) The employer shall use the following format for its response regarding a petition for certification:

   1. (1) Name, address and telephone number of the employer and name, address and telephone number of the employer's agent to be contacted;
   2. (2) Attach a copy of the petition for certification;

   3. (3) Employer position regarding the petition for certification:

      1. (A) Does the employer reasonably doubt the appropriateness of the unit proposed by the petitioner? If so, what classifications or positions remain in dispute? What is the employer's position regarding the dispute?
      2. (B) Does the employer believe that there are other reasons why a representation election should not be held in the proposed unit? If so, please fully explain.

Note: Authority cited: Sections 3541.3(g) and 71825(b), Government Code. Reference: Sections 3541.3, 71823 and 71825, Government Code.

History

1. New 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 A Certificate of Compliance must be transmitted to OAL by 12-28-2004 or emergency language will be repealed by operation of law on the following day.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 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 A Certificate of Compliance must be transmitted to OAL by 4-28-2005 or emergency language will be repealed by operation of law on the following day.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).