Section 95140 - Amendment of Severance Petition; Posting Amendments(a) A severance petition may be amended to correct technical errors or to delete job classifications or positions from the proposed unit at any time prior to the issuance of a PERB notice of representation hearing or, where no hearing has been held, issuance of a Directed Election Order or approval of a Consent Election Agreement. The amendment shall be filed with PERB and include the information required in Section 95100(a). Service and proof of service pursuant to Section 32140 are required.(b) A severance petition may be amended to add job classifications or positions to the proposed unit, subject to the following: (1) An amendment to add job classifications or positions to a proposed unit may be filed within the time frames listed in subsection (a), except that if there exists a memorandum of understanding between the employer and the exclusive representative covering any of the employees to be added to the proposed unit, the amendment must be filed in the manner set out in Section 32110 during the "window period" as defined by Section 95000.(2) The amendment shall be filed with PERB and include the information required in Section 95100(a). Service of the amendment, excluding any proof of support, and proof of service pursuant to Section 32140 are required. Additional proof of support, if needed to maintain standing as a petitioner, shall be filed with PERB with the amendment.(3) The employer shall post a notice of the amendment as soon as possible but in no event later than 15 days following service of the amendment. The notice shall conform to the requirements for posting a notice of severance petition as set forth in Section 95110, and shall remain posted for 20 days.(4) A response from any party to the amended petition may be filed with PERB within 15 days following the service of the Board's determination of adequacy of proof of support, unless otherwise directed by the Board. The response shall conform to the requirements for responses as set forth in Section 95130.(c) Amendments to correct technical errors, add or delete job classifications or positions from a party's proposed unit which are requested after the issuance of the notice of hearing are subject to approval by the hearing officer. The hearing officer shall grant the requested amendment, so long as it will not serve to unduly impede the hearing, and provided that sufficient proof of support is evidenced to support any request for addition of job classifications. Posting of any such amendments shall be at the discretion of the hearing officer.Cal. Code Regs. Tit. 8, § 95140
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: Section 3524.74, Government Code.
1. New section filed 4-18-2023; operative 7/1/2023 (Register 2023, No. 16).