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 already members of a larger established unit represented by an incumbent exclusive representative by filing a petition for certification in accordance with the provisions of Article 3 of this Chapter. Such a petition shall include the following information:

   1. (1) The name, address and telephone number of the petitioning 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 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) A description of the proposed appropriate unit, including the classifications and positions to be included and those to be excluded;
   6. (6) The approximate number of employees in the proposed appropriate unit;
   7. (7) The date on which the exclusive representative was recognized or certified;
   8. (8) The effective and expiration dates of the current memorandum of understanding, if any, covering employees in the established unit.
2. (b) Whenever a memorandum of understanding exists, a severance petition or an amendment to a severance petition must be filed during the “window period” defined by Section 91010.
3. (c) Concurrent with the filing of a severance petition and any amendment to a severance petition, the employee organization shall serve a copy of the petition or amendment, excluding any proof of support, on the employer and the exclusive representative. Proof of service pursuant to Section 32140 is 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 6 (sections 91400-91420) 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 A Certificate of Compliance must be transmitted to OAL by 12-28-2004 or emergency language will be repealed by operation of law on the following day.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 6 (sections 91400-91420) 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).