Cal. Code Regs. tit. 8 § 72005

Current through Register 2024 Notice Reg. No. 49, December 6, 2024

Section 72005 - Petition for Certification

(a) A petition for certification, requesting that SMCS investigate and decide the question of whether employees wish to be represented by an exclusive representative in an appropriate unit for collective bargaining purposes may be filed in accordance with this section. A certification petition filed by an employee organization may take one of the following forms:

(1) An initial petition for certification by an employee organization wishing to be certified by SMCS as the exclusive representative where there is no incumbent exclusive representative;

(2) A petition by an employee organization to decertify and replace the incumbent exclusive representative; or

(3) A severance petition by an employee organization to sever a group of employees who are already members of a larger established unit represented by an incumbent exclusive representative.

(b) A petition for certification shall be filed with SMCS, pursuant to Sections 32110 and 32115 of these regulations. The petition shall be signed or electronically signed by an authorized agent of the employee organization, and include 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 agent to be contacted;

(2) The name, address, and telephone number of the PUC transit employer and the name, address, e-mail address and telephone number of the agent to be contacted;

(3) A description of the proposed appropriate unit, including the classifications and positions to be included and those to be excluded;

(4) The approximate number of employees in the proposed appropriate unit; and

(5) The name, address, e-mail address and telephone number of any other employee organization, if any, known to have an interest in representing the employees covered by the unit. If applicable, a description of the contract(s), if any, covering the employees in such unit and the expiration date of such contract(s).

(c) The petition shall be accompanied by proof of at least 30 percent support of the employees in the unit claimed to be appropriate.

(1) Proof of support may be demonstrated as set forth in Chapter 1, Section 32700 of these regulations.

(2) For purposes of this section, adequate proof of support may alternatively be demonstrated by proof that:

(A) The petitioner held a collective bargaining agreement covering employees in a utility or facility at the time of its acquisition by the PUC transit employer;

(B) The PUC transit employer assumed such collective bargaining agreement pursuant to the provisions of the acquisition agreement or the terms of the relevant law; and

(C) The proposed unit is identical with the previously established unit.

(3) Proof of support, if required, shall be filed only with SMCS at the Sacramento Regional Office.

(d) A copy of a petition for certification, excluding proof of at least 30 percent support, shall be concurrently served on the other party, and on any additional interested party. Proof of service pursuant to Section 32140 is required.

Cal. Code Regs. Tit. 8, § 72005

Note: Authority cited: Sections 3541.3(g) and 3603, Government Code; and Sections 30751, 40122, 70122, 90300, 98162.5, 100301, 101344, 102403, 103401, 120505, 125521, Appendix 1, Section 4.4 and Appendix 2, Section 13.91, Public Utilities Code. Reference: Sections 25052, 28851, 30751, 40122, 50121, 70122, 90300, 95651, 98162.5, 100301, 101344, 102403, 103401, 120505, 125521, Appendix 1, Section 4.4 and Appendix 2, Section 13.91, Public Utilities Code.

1. New article 2 (sections 72000-72025) and section filed 6-5-2024; operative 10/1/2024 (Register 2024, No. 23).