Section 71090 - Petition for Board Investigation(a) Not later than 30 days following the date of the posting of written notice of request for recognition, a petition for Board investigation pursuant to Public Utilities Code Sections 99564.1 and 99564.2 and Section 71140 of these regulations may be filed by: (1) An employee organization alleging that it has filed a request for recognition, pursuant to Section 71030, which has been denied or not acted upon by the employer within 30 days after the filing of the request;(2) An employee organization alleging that it has filed an intervention pursuant to Section 71040;(3) An employer alleging that an employee organization has filed a request for recognition with it, and that it reasonably doubts that the employee organization has majority support or reasonably doubts the appropriateness of the requested unit; or(4) An employer alleging that an intervening employee organization has filed with it a challenge to the appropriateness of the unit or a competing claim of representation.(b) A petition for Board investigation may request the Board to decide the question of whether employees have selected or wish to select an exclusive representative or to determine the appropriateness of a unit.(c) The petition shall be filed pursuant to Section 32110 of these regulations. Service and proof of service of the petition pursuant to Section 32140 are required.(d) A petition filed by a requesting employee organization or an intervening employee organization shall contain the following information:(1) The name, address and telephone number of the employee organization and the name, address, e-mail address and telephone number of the employee organization agent to be contacted;(2) The name, address, e-mail address and telephone number of the employer;(3) A statement of the issues in dispute;(4) A statement indicating what specific action(s) is requested of the Board.(e) The employer, if it has granted voluntary recognition pursuant to Public Utilities Code Sections 99564 and 99564.1, shall include the following information in its response to an employee organization petition or in its own petition for Board investigation: (1) A statement that the employer has voluntarily recognized an employee organization as the exclusive representative for an appropriate unit of employees described below for purposes of meeting and conferring with the employer;(2) Name, address, e-mail address and telephone number of the employer;(3) Name, address, e-mail address and telephone number of the requesting employee organization;(4) A description of the grouping of employment classes to be included in the claimed unit;(5) The number of employees in the unit recognized; and(6) The date of recognition.(f) The employer, if it has not granted voluntary recognition, shall provide the following information:(1) Name, address and telephone number of the employer, and name, address, e-mail address and telephone number of the employer agent to be contacted; and(2) 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 and request PERB to conduct a representation election.Cal. Code Regs. Tit. 8, § 71090
Note: Authority cited: Section 99561(f), Public Utilities Code. Reference: Sections 99561(k), 99564, 99564.1, 99564.2 and 99564.4, 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 of section heading and section filed 6-5-2024; operative 10/1/2024 (Register 2024, No. 23).