Section 51080 - Employer Response(a) Within 15 days following the service of the determination of adequacy of proof submitted in support of the request for recognition and any interventions, the employer shall file a written response with the regional office.(b) Service and proof of service of the response pursuant to section 32140 are required.(c) The employer shall use "Format A" if it has granted recognition pursuant to Government Code sections 3573 and 3574. As soon as possible, but in no event later than 10 days from its issuance, the employer shall post a copy of the employer response conspicuously on all employee bulletin boards in each facility of the employer in which members of the unit affected are employed. The response shall remain posted for at least 15 workdays. Format A: RECOGNITION
(1) The (employer) has recognized (organization) as the exclusive representative for an appropriate unit of employees described below for purposes of meeting and conferring with the employer;(2) No intervention has been filed during the posting period;(3) Name, address and telephone number of the employer;(4) Name, address and telephone number of the employee organization;(5) A description of the grouping of employment classes to be included in the claimed unit including class codes. Each employment class shall include the geographic locations if other than a statewide class is proposed.(6) The number of employees in the unit recognized;(7) The date of recognition.(d) The employer shall use "Format B" if it has not granted recognition. Format B: DENIAL OF RECOGNITION
(1) Name, address and telephone number of the employer, and name, address and telephone number of the employer agent to be contacted;(2) Attach a copy of the request for recognition;(3) Reasons for Denial of Recognition:(A) Does the employer reasonably doubt the appropriateness of the proposed unit? If so, what classifications or positions remain in dispute? What is the employer's position regarding the dispute?(B) Was the request timely and appropriately filed? If not, fully explain any deficiencies.(C) Is the employer unable to grant recognition because some or all of the employees in question are part of a negotiating unit that is already represented by an exclusive representative?(D) Were any interventions filed within the 15 workday posting period? Attach a copy of each intervention. For each intervention, state:1. Does the employer doubt the appropriateness of the unit proposed by the intervenor? If so, what classifications or positions remain in dispute? What is the employer's position regarding the dispute?2. Was the intervention timely and appropriately filed? If not, fully explain any deficiencies.(E) If no interventions have been filed and no unit dispute exists, but the employer reasonably doubts that the employee organization has majority support, the employer shall set forth the reasons for its doubt of the majority support.Cal. Code Regs. Tit. 8, § 51080
1. Amendment filed 6-18-80; effective thirtieth day thereafter (Register 80, No. 25).
2. Amendment filed 9-20-82; effective upon filing pursuant to Government Code Section 11346.2(d) (Register 82, No. 39).
3. Amendment of subsection (d)(3) filed 12-29-88; operative 1-28-89 (Register 89,No. 4).
4. Amendment of subsection (d)(3)(C) filed 1-26-95; operative 2-27-95 (Register 95, No. 4).
5. Change without regulatory effect amending subsections (c)-(c)(2) and (d) filed 8-7-95 pursuant to section 100, title 1, California Code of Regulations (Register 95, No. 32).
6. Amendment of subsections (c), (c)(1), (d) and (d)(3)(E) filed 2-2-2004 as an emergency; operative 2-2-2004 (Register 2004, No. 6). A Certificate of Compliance must be transmitted to OAL by 6-1-2004 or emergency language will be repealed by operation of law on the following day.
7. Certificate of Compliance as to 2-2-2004 order transmitted to OAL 5-4-2004 and filed 6-8-2004 (Register 2004, No. 24). Note: Authority cited: Section 3563(f), Government Code. Reference: Sections 3563(c), (l), 3573 and 3574, Government Code.
1. Amendment filed 6-18-80; effective thirtieth day thereafter (Register 80, No. 25).
2. Amendment filed 9-20-82; effective upon filing pursuant to Government Code Section 11346.2(d) (Register 82, No. 39).
3. Amendment of subsection (d)(3) filed 12-29-88; operative 1-28-89 (Register 89,No. 4).
4. Amendment of subsection (d)(3)(C) filed 1-26-95; operative 2-27-95 (Register 95, No. 4).
5. Change without regulatory effect amending subsections (c)-(c)(2) and (d) filed 8-7-95 pursuant to section 100, title 1, California Code of Regulations (Register 95, No. 32).
6. Amendment of subsections (c), (c)(1), (d) and (d)(3)(E) filed 2-2-2004 as an emergency; operative 2-2-2004 (Register 2004, No. 6). A Certificate of Compliance must be transmitted to OAL by 6-1-2004 or emergency language will be repealed by operation of law on the following day.
7. Certificate of Compliance as to 2-2-2004 order transmitted to OAL 5-4-2004 and filed 6-8-2004 (Register 2004, No. 24).