Section 95090 - Board Investigation(a) Whenever a petition for certification is filed with the Board, the Board shall investigate and, where appropriate, conduct a hearing and/or a representation election, or take such other action as deemed necessary to decide the questions raised by the petition.(b) A petition for certification shall be dismissed in part or in whole whenever the Board determines that: (1) The petitioner has no standing to petition for the action requested; or(2) Any of the employees in the claimed unit are currently included in any established bargaining unit and are represented by an exclusive representative; or(3) A valid 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 for certification; or(4) The petition for certification was filed either after a notice of hearing or, where no hearing has been held, notice of intent to conduct an election covering any of the employees in the unit proposed by the petitioner has been issued by the Board.Cal. Code Regs. Tit. 8, § 95090
1. New section filed 4-18-2023; operative 7-1-2023 (Register 2023, No. 16). Note: Authority cited: Section 3524.52(a), Government Code. Reference: Sections 3524.74 and 3524.77, Government Code.
1. New section filed 4-18-2023; operative 7/1/2023 (Register 2023, No. 16).