Section 71040 - Intervention(a) Within 15 workdays of the posting of notice of a written request for recognition, another employee organization may file with the employer an intervention to challenge to the appropriateness of the unit or to submit a competing claim of representation. The filing of such a competing claim provides a trigger for one of the competing employee organizations or the employer to file a Petition for Board Investigation.(b) Proof of at least 30 percent or at least 10 percent support of the employees in the unit claimed to be appropriate by the intervenor shall be filed with the regional office or with a mutually agreed upon third party concurrent with the filing of the intervention. Proof of support is defined in Chapter 1, Section 32700 of these regulations. (1) If the intervention is evidenced by at least 30 percent support, a question of representation shall be deemed to exist.(2) If the intervention is evidenced by at least 10 percent support, the Board shall conduct such inquiries and investigations or hold such hearings as it shall deem necessary in order to decide the questions raised by the intervention. The Board shall notify all parties in writing of any determination made regarding such an intervention.(c) Determination of proof of support in the unit claimed to be appropriate shall be in accordance with Sections 71110 and 71120 of these regulations.Cal. Code Regs. Tit. 8, § 71040
Note: Authority cited: Section 99561(f), Public Utilities Code. Reference: Sections 99561(k), 99564 and 99564.2, Public Utilities Code.
1. New 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 A Certificate of Compliance must be transmitted to OAL by 6-1-2004 or emergency language will be repealed by operation of law on the following day.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).