Section 40240 - 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 the regional office on forms provided by the Board. 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) above, 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 32135 during the "window period" as defined by Section 40130.(2) The amendment shall be filed with the regional office on forms provided by the Board. Service 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 the regional office 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 an original petition and shall remain posted for 20 days.(4) A response from any party to the amended petition may be filed with the regional office 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 40230.(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 may 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, § 40240
1. Amendment filed 10-10-85; effective thirtieth day thereafter (Register 85, No. 41).
2. Change without regulatory effect amending NOTE filed 2-15-2001 pursuant to section 100, title 1, California Code of Regulations (Register 2001, No. 7). Note: Authority cited: Sections 3513(h) and 3541.3(g), Government Code. Reference: Sections 3520.5 and 3541.3(c), (l), Government Code.
1. Amendment filed 10-10-85; effective thirtieth day thereafter (Register 85, No. 41).
2. Change without regulatory effect amending Note filed 2-15-2001 pursuant to section 100, title 1, California Code of Regulations (Register 2001, No. 7).