Section 20952 - Complaints Regarding Labor Peace Agreements(a) A labor organization or current or former employee of an employer who holds a license to conduct commercial cannabis activity in accordance with section 26051.5 of the Business and Professions Code may file a complaint with the general counsel alleging that the licensee has entered into a labor peace agreement with an organization that is not a bona fide labor organization. The complaint shall be accompanied by all evidence relied upon by the complaining party that support its contentions. The complaint shall be served on both the accused licensee and the organization alleged not to be a bona fide labor organization, or their respective registered agents for service, by (1) personal delivery, leaving a copy at the principal office, place of business, or, if none, at the residence of the person(s) required to be served, or (2) registered or certified mail, with return receipt requested, addressed to the principal office, place of business or, if none, to the residence of the person(s) required to be served. If the person to be served cannot be served with reasonable diligence by one of these methods, service by publication as described in section 415.50 of the Code of Civil Procedure shall be permitted. The complaint, with proof of service, shall be filed in accordance with section 20169. For purposes of this complaint procedure, the term "employer" includes any person or entity holding a license to conduct commercial cannabis activity, or applicant for such a license, under Division 10 of the Business and Professions Code, commencing with section 26000.(b) Upon receipt of a complaint, the general counsel shall promptly notify the accused licensee and organization of the filing of the complaint. The licensee and organization each may file an answer to the complaint. Any answer must be filed within 15 days after the date of the general counsel's notice. The answer shall respond to the allegations of the complaint that the organization with which the licensee has a labor peace agreement is not a bona fide labor organization, and shall be accompanied by all evidence relied upon by the licensee or organization in support of their defense.Cal. Code Regs. Tit. 8, § 20952
Note: Authority cited: Section 26051.5, Business and Professions Code. Reference: Section 26051.5, Business and Professions Code.
1. New section filed 12-7-2023; operative 4/1/2024 (Register 2023, No. 49).