Section 20390 - Decertification and Rival Union Petitions(a) Where the incumbent union presently has a collective bargaining agreement with the employer, the petition shall contain an allegation that the agreement will expire within the next twelve months or has been in existence for more than three years, and shall be accompanied by evidence of support by 30% or more of the employees currently employed in the bargaining unit.(b) Where the incumbent union presently does not have a collective bargaining agreement with the employer, the petition shall contain an allegation to that effect, and shall be accompanied by evidence of support by a majority of the employees currently employed in the bargaining unit.(c) The evidence of support for the petition may be in the form of signatures on a petition or, in the case of a rival union petition, on authorization cards or on a petition. In either case, each signature must be dated.(d) All petitions for decertification and rival union petitions shall contain the following: (1) The name, address, and telephone number of the petitioner and its affiliation, if any.(2) The name, address, telephone number, and email address of a representative of the petitioner authorized to make agreements with the Board and the parties and to accept service of papers.(3) The name and address of the incumbent union.(4) The name, location, and mailing address of the employer.(5) The nature of the employer's agricultural commodity or commodities encompassed by the unit.(6) A description of the existing bargaining unit.(7) The approximate number of employees currently employed in the bargaining unit.(8) A statement whether a strike is in progress in the unit involved and, if so, the approximate number of employees participating and the date the strike began.(9) A statement of which languages, other than English and Spanish, the petitioner requests be included on the ballots, and the approximate number of employees requiring such ballots.(10) An allegation that the number of agricultural employees currently employed by the employer named in the petition, as determined from the employer's payroll immediately preceding the filing of the petition, is not less than 50 percent of the employer's peak agricultural employment for the current calendar year.(11) An allegation that no valid election has been conducted among the agricultural employees of the employer named in the petition within the 12 months immediately preceding the filing of the petition.(12) An allegation that the Board did not certify the incumbent union within the 12 months immediately preceding the filing of the petition.(e) The procedures set forth in Chapter 3 of these regulations for the service and processing of petitions for certification, election procedures, and post-election procedures shall be applicable to decertification and rival union petitions, except that service of the petition also shall be made upon an officer or director of the incumbent union, or upon an agent of the union authorized to receive service of papers. If service is made by delivering a copy of the petition to anyone other than an officer, director, or agent of the union authorized to receive service of papers of the employer, the petitioner shall immediately provide notice to the officer, director, or agent of the union declaring that a certification petition is being filed and stating the name and location of the person actually served. Such notice shall be provided by email, if an email address is available, and by a courier providing overnight delivery, and the petitioner shall file with the regional office proof that the notice was sent and received.(f)(1) The regional director may dismiss a petition pursuant to section 20300(h) when there is pending an unfair labor practice complaint against the agricultural employer named in the petition alleging any of the following: (A) conduct that, if proven, would interfere with employee free choice in an election were one to be held,(B) the employer or the employer's representatives directly or indirectly initiated or instigated the petition or assisted in the showing of interest necessary for holding an election, or(C) the employer has failed or refused to recognize the incumbent bargaining representative or bargain with it in good faith in violation of Labor Code section 1153(e). Alternatively, if all other conditions are satisfied to otherwise warrant an election, the regional director may order the election to proceed but that the ballots cast in the election be impounded.(2) If there is a pending unfair labor practice charge against the agricultural employer named in the petition alleging conduct as described in subdivision (f)(1) but no complaint has issued, the regional director may not dismiss the petition, but may order any ballots cast in an ensuing election be impounded in accordance with section 20360(c).Cal. Code Regs. Tit. 8, § 20390
1. Amendment of subsection (b) filed 9-20-91; operative 10-21-91 (Register 92, No. 4).
2. Amendment of section heading, section and NOTE filed 4-19-2004; operative 5-19-2004 (Register 2004, No. 17).
3. Amendment of subsections (d)(1)-(2), (d)(10) and (e), new subsections (f)(1)-(2) and amendment of 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 1156.7, Labor Code; Montebello Rose Co. (1981) 119 Cal.App.3d 1; and Cattle Valley Farms (1982) 8 ALRB No. 24.
1. Amendment of subsection (b) filed 9-20-91; operative 10-21-91 (Register 92, No. 4).
2. Amendment of section heading, section and Note filed 4-19-2004; operative 5-19-2004 (Register 2004, No. 17).
3. Amendment of subsections (d)(1)-(2), (d)(10) and (e), new subsections (f)(1)-(2) and amendment of NOTE filed 8-29-2023; operative 10/1/2023 (Register 2023, No. 35).