Cal. Code Regs. tit. 8 § 72035

Current through Register 2024 Notice Reg. No. 50, December 13, 2024
Section 72035 - Petition for Decertification Without Replacement
(a) A petition to decertify an existing exclusive representative in an established unit may be filed by an employee or group of employees within the bargaining unit or by an employee organization acting on their behalf asserting that the incumbent exclusive representative no longer represents the employees in the bargaining unit. The petition shall be filed pursuant to Sections 32110 and 32115 of these regulations. A petition by an employee organization to decertify and replace the incumbent exclusive representative is considered a petition for certification and is properly filed pursuant to the regulations governing petitions for certification.
(b) The petition shall be signed or electronically signed by an authorized agent of the petitioner, and include the following information:
(1) The name, address and telephone number of the petitioner 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 employee organization which has been certified or is currently being recognized by the district as the exclusive representative and the name, address, e-mail address and telephone number of the agent to be contacted;
(3) A description of the existing unit, including the classifications and positions included and excluded;
(4) The approximate number of employees in the existing unit;
(5) The name and address of any other employee organization, if any, known to have an interest in representing the employees covered by the unit; and
(6) 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 that at least 30 percent of the employees in the established unit no longer desire to be represented by the incumbent exclusive representative. Proof of support is defined in Section 32700 of these regulations.
(d) Service of the employee organization's petition, excluding the proof of at least 30 percent support, and proof of service pursuant to Section 32140 are required.

Cal. Code Regs. Tit. 8, § 72035

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 4 (sections 72035-72040) and section filed 6-5-2024; operative 10/1/2024 (Register 2024, No. 23).