Section 20360 - Tally of Ballots(a) As soon as possible after completion of the balloting, a Board agent shall count the ballots and shall prepare both a tally of ballots and a list of the names of each person whose ballot was challenged, along with the basis for the challenge and the name of the party making the challenge, and shall furnish both the tally and the list to representatives of all parties who are present. If the ballots are not to be counted immediately after the conclusion of the election, the Board agent shall give advance notice to representatives of all parties of the time and place at which the ballots will be counted. It is the obligation of all parties who are notified of the time and place of the ballot count to have a representative present at the time ballots are counted who is authorized to receive a copy of the tally. The time for filing objections under Labor Code section 1156.3(e) shall begin to run as soon as the count is completed and the tally prepared, regardless of whether or not all parties are present to receive a copy of the tally.(b) Notwithstanding any other provision of these rules, the Board shall have the authority acting pursuant to a petition under Labor Code section 1156.3(e), or on its own motion, without hearing, to issue an amended tally of ballots and appropriate certification in any election in which the Board has acted to resolve issues with respect to challenged voters or to correct mathematical errors in the previous tally of ballots. Except as provided in section 20375(d), nothing in this rule shall be deemed to extend the period of time for filing a petition under Labor Code section 1156.3(e).(c) Whenever it appears necessary, in order to effectuate the purposes and policies of the Act, the Board or the regional director may direct that the ballots cast in an election be impounded. When ballots are impounded based on a pending unfair labor practice complaint, they shall remain impounded until resolution of the complaint. If the impoundment order was based on an unfair labor practice charge for which a complaint had not yet issued, the ballots cast in the election shall remain impounded for no more than 60 days after the election is held unless a complaint on such charge issues first, in which case the ballots shall remain impounded pending resolution of the complaint.Cal. Code Regs. Tit. 8, § 20360
1. Amendment of section and new NOTE filed 8-29-2023; operative 10/1/2023 (Register 2023, No. 35). Note: Authority cited: Section 1144, Labor Code. Reference: Sections 1156.3 and 1157, Labor Code.
1. Amendment of section and new NOTE filed 8-29-2023; operative 10/1/2023 (Register 2023, No. 35).