Cal. Code Regs. tit. 8 § 72045

Current through Register 2024 Notice Reg. No. 50, December 13, 2024

Section 72045 - Petition for Unit Clarification

(a) A petition for clarification of an existing bargaining unit may be initiated by an exclusive representative or a PUC transit employer when there is a certified or currently recognized bargaining unit representative for the following reasons:

(1) To add to the unit unrepresented classifications or positions;

(2) To delete classifications or positions which, due to a change in factual circumstances or change in law, cannot be lawfully included in the unit;

(3) To make technical changes to clarify or update the unit description; or

(4) To resolve a dispute as to unit placement or designation of a new classification or position.

(b) A petition for unit clarification shall be filed pursuant to Section 32110 of these regulations. 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 PUC transit employer 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 PUC transit employer as the exclusive representative and the name, address, e-mail address and telephone number of the agent to be contacted;

(3) If applicable, a description of the contract(s), if any, covering the employees in such unit and the expiration date of such contract(s);

(4) A description of the existing unit, including the classifications and positions included and excluded and the approximate number of employees in the existing unit;

(5) A description of the proposed unit;

(6) The number of employees in the unit as proposed under the clarification;

(7) The job classifications of employees as to whom the issue is raised and the number of employees in each classification; and

(8) A statement by petitioner setting forth reasons why petitioner desires clarification of the unit.

(c) If the petition requests the addition of classifications or positions to an established unit, SMCS shall base its decision on the criteria set forth in Article 10 of this Subchapter. Normally, no proof of support shall be required. However, if SMCS finds the criteria set forth in Article 10 of this Subchapter favor adding classifications or positions to an existing unit, and the number of employees to be added is so numerous that it would likely disrupt the incumbent's majority support within the bargaining unit, then SMCS shall determine whether to require proof of support of a majority of the employees to be added or hold an election upon a showing of proof of support of at least 30 percent of the persons to be added.

Cal. Code Regs. Tit. 8, § 72045

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 5 (sections 72045-72060) and section filed 6-5-2024; operative 10/1/2024 (Register 2024, No. 23).