Section 40260 - Board Investigation(a) Whenever a severance petition 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 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) 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 the severance petition, 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(3) A valid 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.Cal. Code Regs. Tit. 8, § 40260
1. Amendment of subsection (b)(2) and NOTE filed 6-3-94; operative 7-5-94 (Register 94, No. 22).
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), (h), (l), Government Code.
1. Amendment of subsection (b)(2) and Note filed 6-3-94; operative 7-5-94 (Register 94, No. 22).
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).