Section 71030 - Request for Recognition(a) A request for recognition by an employee organization seeking to become the exclusive representative of an appropriate unit shall be filed with the employer.(b) The parties may agree that PERB or a third party shall determine the outcome of a request for recognition based upon proof of support as defined in Section 32700 of these regulations, or the employer may decline to enter into such an agreement if it has a good faith, reasonable basis to doubt majority support, and in such instance the employer instead may request that an investigation be conducted or an election be held upon a showing of support from at least 30 percent of the unit in accordance with Section 71090.(c) If the parties agree that PERB or a third party shall determine majority support, proof of majority support in the unit claimed to be appropriate shall be filed with the regional office or with a mutually agreed upon third party. Determination of proof of majority support, if performed by PERB, shall be in accordance with Sections 71110 and 71120 of these regulations.Cal. Code Regs. Tit. 8, § 71030
Note: Authority cited: Section 99561(f), Public Utilities Code. Reference: Sections 99561(k), 99564, 99564.1, 99564.2 and 99564.3, Public Utilities Code.
1. New article 2 (sections 71030-71095) and section 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 A Certificate of Compliance must be transmitted to OAL by 6-1-2004 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 2-2-2004 order transmitted to OAL 5-4-2004 and filed 6-8-2004 (Register 2004, No. 24).
3. Amendment filed 6-5-2024; operative 10/1/2024 (Register 2024, No. 23).