Cal. Code Regs. tit. 8 § 32754

Current through Register 2024 Notice Reg. No. 50, December 13, 2024

Section 32754 - Bar to Conducting Election

The Board shall dismiss a petition requiring a representation election if it determines:

(a) Under the EERA, either that the conditions of Government Code Section 3544.7(b)(1) or (2) exist or that a representation election result has been certified affecting the described unit or a portion thereof within the 12 months immediately preceding the date of filing of the petition; or

(b) Under the Dills Act, (1) there is currently in effect a memorandum of understanding between the employer and another employee organization recognized or certified as the exclusive representative of any employees covered by a petition requiring an election, unless the petition is filed less than 242 days but more than 212 days prior to the expiration date of such memorandum or the end of the third year of such memorandum, provided that if such memorandum has been in effect for three years or more, there shall be no restriction as to time of filing the petition; or, (2) that a representation election result has been certified affecting the described unit or a subdivision thereof within the 12 months immediately preceding the date of filing of the petition; or

(c) Under the HEERA, either of the conditions of Government Code Section 3577(b)(1) or (2) exist; or

(d) Under the TEERA, either of the conditions of Public Utilities Code Section 99564.4(b)(1) or (2) exist; or

(e) Under the JCEERA, (1) there is currently in effect a memorandum of understanding between the employer and another employee organization recognized or certified as the exclusive representative of any employees covered by a petition requiring an election, unless the petition is filed less than 120 days but more than 90 days prior to the expiration date of such memorandum or the end of the third year of such memorandum, provided that if such memorandum has been in effect for three years or more, there shall be no restriction as to time of filing the petition; or, (2) a representation election result has been certified affecting the described unit or a subdivision thereof within the 12 months immediately preceding the date of the filing of the petition.

Cal. Code Regs. Tit. 8, § 32754

1. Amendment filed 6-18-80; effective thirtieth day thereafter (Register 80, No. 25).
2. Editorial correction of NOTE filed 9-20-82; effective upon filing pursuant to Government Code Section 11346.2(d) (Register 82, No. 39).
3. Amendment of subsection (b) filed 12-13-88; operative 1-1-89 (Register 88, No. 53).
4. Amendment of subsection (c) filed 1-8-99; operative 2-7-99 (Register 99, No. 2).
5. Change without regulatory effect amending subsections (a) and (b) and NOTE filed 2-15-2001 pursuant to section 100, title 1, California Code of Regulations (Register 2001, No. 7).
6. Amendment of subsection (c), new subsection (d) and amendment of NOTE filed 2-2-2004 as an emergency; operative 2-2-2004 (Register 2004, No. 6). A Certificate of Compliance must be transmitted to OAL by 6-1-2004 or emergency language will be repealed by operation of law on the following day.
7. Certificate of Compliance as to 2-2-2004 order transmitted to OAL 5-4-2004 and filed 6-8-2004 (Register 2004, No. 24).
8. Amendment of subsection (d), new subsection (e) and amendment of NOTE filed 12-6-2013 as an emergency; operative 12-6-2013 pursuant to Government Code section 110035.5 (Register 2013, No. 51). This regulatory action is deemed an emergency exempt from OAL review and was filed directly by the agency with the Secretary of State pursuant to Government Code section 110035.5. A Certificate of Compliance must be transmitted to OAL by 6-4-2014 or emergency language will be repealed by operation of law on the following day.
9. Certificate of Compliance as to 12-6-2013 order transmitted to OAL 5-29-2014 and filed 7-10-2014 (Register 2014, No. 28).
10. Change without regulatory effect amending subsection (d), repealing subsection (e) and amending NOTE filed 5-8-2018 pursuant to section 100, title 1, California Code of Regulations (Register 2018, No. 19).
11. Amendment of subsection (d), new subsection (e) and amendment of NOTE filed 4-18-2023; operative 7-1-2023 (Register 2023, No. 16).

Note: Authority cited: Sections 3513(h), 3524.52(a), 3541.3(g) and 3563(f), Government Code; and Section 99561(f), Public Utilities Code. Reference: Sections 3513(h), 3520.5(b), 3524.52(a), 3524.74(a), 3524.74(b), 3524.74(d), 3541.3(c), 3544.1(a), 3544.3, 3544.7(a), 3546, 3563(c), 3574(a), 3577, 3579(e) and 3583.5, Government Code; and Sections 99561(c), 99561(k), 99564, 99564.1, 99564.2, 99564.3, 99564.4 and 99566.1, Public Utilities Code.

1. Amendment filed 6-18-80; effective thirtieth day thereafter (Register 80, No. 25).
2. Editorial correction of NOTE filed 9-20-82; effective upon filing pursuant to Government Code Section 11346.2(d) (Register 82, No. 39).
3. Amendment of subsection (b) filed 12-13-88; operative 1-1-89 (Register 88, No. 53).
4. Amendment of subsection (c) filed 1-8-99; operative 2-7-99 (Register 99, No. 2).
5. Change without regulatory effect amending subsections (a) and (b) and Note filed 2-15-2001 pursuant to section 100, title 1, California Code of Regulations (Register 2001, No. 7).
6. Amendment of subsection (c), new subsection (d) and amendment of Note filed 2-2-2004 as an emergency; operative 2-2-2004 (Register 2004, No. 6). A Certificate of Compliance must be transmitted to OAL by 6-1-2004 or emergency language will be repealed by operation of law on the following day.
7. Certificate of Compliance as to 2-2-2004 order transmitted to OAL 5-4-2004 and filed 6-8-2004 (Register 2004, No. 24).
8. Amendment of subsection (d), new subsection (e) and amendment of Note filed 12-6-2013 as an emergency; operative 12-6-2013 pursuant to Government Code section 110035.5 (Register 2013, No. 51). This regulatory action is deemed an emergency exempt from OAL review and was filed directly by the agency with the Secretary of State pursuant to Government Code section 110035.5. A Certificate of Compliance must be transmitted to OAL by 6-4-2014 or emergency language will be repealed by operation of law on the following day.
9. Certificate of Compliance as to 12-6-2013 order transmitted to OAL 5-29-2014 and filed 7/10/2014 (Register 2014, No. 28).
10. Change without regulatory effect amending subsection (d), repealing subsection (e) and amending Note filed 5-8-2018 pursuant to section 100, title 1, California Code of Regulations (Register 2018, No. 19).
11. Amendment of subsection (d), new subsection (e) and amendment of Note filed 4-18-2023; operative 7/1/2023 (Register 2023, No. 16).