Section 33002 - Stay of Election(a) Any party to an SMCS-conducted election may request that the Board stay the election pending the resolution of an unfair practice charge relating to the voting unit upon an investigation and a finding that alleged unlawful conduct would so affect the election process as to prevent the employees from exercising free choice.(b) A request for a stay of an election shall be filed with the appropriate regional office, in accordance with Sections 32075 and 32115. Service and proof of service pursuant to Section 32140 are required.(c) Any determination to stay an election made by the Board pursuant to this section may be appealed to the Board itself in accordance with the provisions of Chapter 1, Subchapter 4, Article 3 of these regulations.Cal. Code Regs. Tit. 8, § 33002
1. New section filed 8-19-2013; operative 10-1-2013 (Register 2013, No. 34).
2. Amendment of subsection (b) filed 1-14-2021; operative 2-15-2021 pursuant to Government Code section 11343.4(b)(3) (Register 2021, No. 3). Note: Authority cited: Sections 3509(a), 3541.3(g), 3541.3(n), 3600, 3603(a), 71639.1(b) and 71825(b), Government Code. Reference: Sections 3502.5(b), 3502.5(d), 3507.1(c), 71632.5(c), 71636.3 and 71814(c), Government Code.
1. New section filed 8-19-2013; operative 10-1-2013 (Register 2013, No. 34).
2. Amendment of subsection (b) filed 1-14-2021; operative 2/15/2021 pursuant to Government Code section 11343.4(b)(3) (Register 2021, No. 3).