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CHAPTER 2. EDUCATIONAL EMPLOYMENT RELATIONS ACT

SUBCHAPTER 1. REPRESENTATION PROCEEDINGS

Article 1. General Provisions

33015. Parties.
"Parties" means the public school employer, the employee organization which is the exclusive representative of any employee covered by a request, intervention or petition, any employee organization known to have an interest in representing any employees as demonstrated by having filed a pending request or intervention, or any group of employees which has filed a pending petition pursuant to Section 34020 of these regulations or Government Code Section 3544.3.

33020. Window Period.
"Window period" means the 29-day period established pursuant to Government Code Sections 3544.1(c) and 3544.7(b)(1) which is less than 120 days, but more than 90 days, prior to the expiration date of a lawful written agreement negotiated by the public school employer and the exclusive representative. The written agreement expiration date means the last effective date of the agreement. Notwithstanding the provisions of Section 32130, the date on which the written agreement expires shall not be counted for the purpose of computing the window period.

Article 2. Request for Recognition and Intervention
33050. Request for Recognition.

(a) A request for recognition by an employee organization seeking to become the exclusive representative of an appropriate unit shall be filed with the employer. A copy of the request shall be filed concurrently with the regional office. The request shall be signed by an authorized agent of the employee organization and shall be on a form provided by the Board.

(b) A copy of the request and proof of majority support in the unit claimed to be appropriate shall be filed with the regional office concurrently with the filing of the request upon the employer. Proof of support is defined in Chapter 1, Section 32700 of these Regulations.

(c) Concurrent with the filing of the request, the employee organization shall concurrently serve a copy of the request, excluding the proof of majority support, on the parties and the regional office. Proof of service pursuant to Section 32140 is required.

(d) A request to become the exclusive representative of a group of employees who are already members of a larger established unit represented by an incumbent exclusive representative shall be filed pursuant to this Article and in accordance with the provisions of Article 6 (commencing with Section 33700). A petition to become the exclusive representative of all of the employees in an established unit represented by an exclusive representative shall be filed pursuant to Chapter 1, Subchapter 6, Article 4 (commencing with Section 32770) of these regulations.

33060. Posting Notice of Request for Recognition.

(a) The employer shall post a notice of the request for recognition as soon as possible but in no event later than 10 days following receipt of the request.

(b) The notice shall be posted conspicuously on all employee bulletin boards in each facility of the employer in which members of the unit claimed to be appropriate are employed.

(c) The notice shall remain posted for 15 workdays.

(d) The notice shall consist of a copy of the request for recognition with the appropriate portion of the form completed by the employer prior to posting.

(e) The employer shall serve a copy of the notice on the regional office and on the parties concurrent with the posting of the notice.

33070. Intervention.

(a) Except as provided in Section 33700, an intervention by an employee organization shall be filed with the employer within 15 workdays following posting of the request for recognition. A copy of the intervention shall be filed concurrently with the regional office. The intervention shall be signed by an authorized agent of the employee organization and be on a form provided by the Board.

(b) Proof of at least 30 percent support in the unit claimed to be appropriate shall be filed with the regional office concurrently with the filing of the intervention. Proof of support is defined in Chapter 1, Section 32700 of these regulations.

(c) Concurrent with the filing of the intervention, the employee organization shall serve a copy of the intervention, excluding the proof of support, on the parties and the regional office. Proof of service pursuant to Section 32140 is required.

33075. Determination of Showing of Support.

(a) Within 20 calendar days of the date of receipt of the request, unless otherwise directed by the Regional Director, the employer shall file with the regional office an alphabetical list, including job titles or classifications, of employees employed in the claimed unit on the date the request for recognition was filed with the employer.

(b) If, after initial determination, the showing is insufficient the Regional Director may allow up to 10 calendar days to perfect the showing of support.

(c) Upon completion of the review of the showing of support, the regional director shall inform the parties in writing of the determination as to sufficiency or lack thereof regarding the showing of support.

33080. Posting of Notice of Intervention. (a) The employer shall post a notice of the intervention as soon as possible but in no event later than 10 days following receipt of the intervention.

(b) The notice shall be posted conspicuously on all employee bulletin boards in each facility of the employer in which members of the unit claimed to be appropriate are employed.

(c) The notice shall remain posted for 15 workdays.

(d) The notice shall consist of a copy of the intervention with the appropriate portion of the form completed by the employer prior to posting.

(e) The employer shall serve a copy of the notice of intervention on the regional office and on the parties concurrent with the posting of the notice.

33085. Board Determination Regarding Proof of Support - Request for Recognition, Intervention.

(a) Within 20 days of the date of receipt of the request or intervention, the employer shall file with the regional office an alphabetical list, including job titles or classifications, of employees employed in the claimed unit as of the last date of the payroll period immediately preceding the date the request or intervention was filed with the employer, unless otherwise directed by the Board.

(b) If, after initial determination, the proof of support is insufficient, the Board may allow up to 10 days to perfect the proof of support.

(c) Upon completion of the review of the proof of support, the Board shall inform the parties in writing of the determination as to sufficiency or lack thereof regarding the proof of support.

33090. Withdrawal of Request or Intervention.
Any request for recognition or intervention may be withdrawn by an authorized representative of the employee organization that filed it. Such withdrawal shall be filed with the employer and a copy served on the parties and the regional office. Proof of service pursuant to Section 32140 is required. A copy of the withdrawal shall be posted for 15 workdays on all employee bulletin boards in each facility of the employer in which members of the unit claimed to have been appropriate are employed.

33100. Amendment of Request or Intervention; Posting Amendments.

(a) A request for recognition or intervention may be amended to correct technical errors or to delete job classifications or positions from the proposed unit at any time prior to the issuance of a PERB notice of representation hearing or, where no hearing has been held, issuance of a Directed Election Order or approval of a Consent Election Agreement. The amendment shall be filed with the employer and copies concurrently served on the parties and the regional office. Proof of service pursuant to Section 32140 is required. No posting shall be required.

(b) A request for recognition or intervention may be amended to add job classifications or positions to a proposed unit, subject to the following:

(1) Except as provided in Section 33700(c), an amendment to add job classifications or positions to a proposed unit may be filed at any time prior to the issuance of a PERB notice of representation hearing, or, where no hearing has been held, issuance of a Directed Election Order or approval of a Consent Election Agreement.

(2) The amendment shall be filed with the employer. The employee organization shall concurrently serve a copy of the amendment on the parties and the regional office. Proof of service pursuant to Section 32140 is required. Additional proof of support, if needed to maintain standing as a requester or intervenor, shall be concurrently filed with the regional office.

(3) The employer shall post a notice of the amended request or intervention as soon as possible but in no event later than 10 days following receipt of the amendment. The notice shall conform to the requirements for posting an original request for recognition or intervention and shall remain posted for 15 workdays, during which time interventions may be filed on an amended request for recognition.

(4) An employer response to the amended request or intervention shall be filed with the regional office within 15 days following the service of the Board's determination of adequacy of proof of support, unless otherwise directed by the Board. The response shall conform to the requirements for employer decisions as set forth in Section 33190.

(c) Amendments to correct technical errors, add or delete job classifications or positions from a party's proposed unit which are requested after the issuance of the notice of hearing are subject to approval by the Board agent assigned to the hearing. The Board agent may grant the requested amendment, if it will not unduly impede the hearing, and if sufficient proof of support is evidenced to support any request for addition of job classifications. Posting of any such amendments shall be at the discretion of the Board agent.

Article 3. Employer Decision; Request for Board Investigation
33190. Employer Decision Regarding Request for Recognition and Intervention.

(a) Unless otherwise directed by the Board, within 15 days following service of the Board's determination regarding the adequacy of proof of support, the employer shall file a decision with the regional office.

(b) Service and proof of service of the employer decision pursuant to section 32140 are required.

(c) The employer shall use "Format A" if it has granted recognition pursuant to Government Code sections 3544 and 3544.1. As soon as possible, but in no event later than 10 days from its issuance, the employer shall post a copy of the employer decision conspicuously on all employee bulletin boards in each facility of the employer in which members of the unit affected are employed. The decision shall remain posted for at least 15 workdays.

Format A: RECOGNITION

(1) The (name) School District has recognized (organization) as the exclusive representative for an appropriate unit of employees described below for purposes of meeting and negotiating with the district;

(2) No intervention has been filed during the posting period;

(3) The name, address, county and telephone number of the employer;

(4) The name, address and telephone number of the employee organization;

(5) A description of the grouping of jobs or positions which constitute the appropriate unit;

(6) The number of employees in the unit recognized;

(7) The date of recognition.

(d) The employer shall use "Format B" if it has not granted recognition.

Format B: DENIAL OF RECOGNITION

(1) The name, address, county and telephone number of the employer; and the name, address and telephone number of the employer agent to be contacted;

(2) Attach a copy of the request for recognition;

(3) Reasons for Denial of Recognition:

(A) Does the employer doubt the appropriateness of the proposed unit? If so, what classifications or positions remain in dispute? State 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 the following:

1. Does the employer doubt the appropriateness of the unit proposed by the intervenor? If so, what classifications or positions remain in dispute? State the employer's position regarding the dispute.

2. Was the intervention timely and appropriately filed? If not, fully explain any deficiencies.

(4) If a unit dispute exists, does the employer request the Board to resolve the dispute pursuant to Government Code section 3544.5(a)?

33230. Employee Organization Petition for Board Investigation.

(a) Not later than 90 days following the date an employer decision is filed or required to be filed with the regional office, whichever occurs first, an employee organization may file a petition pursuant to Government Code Section 3544.5(b) or (c) requesting the Board to investigate and decide whether employees have selected or wish to select an exclusive representative or to determine the appropriateness of a unit. The petition shall allege one of the following grounds:

(1) The employer has filed a decision not to recognize the employee organization, but did not request a Board investigation; or \

(2) The employer has failed to file an employer decision in response to a request for recognition or an intervention pursuant to Section 33190; or

(3) The employer has wrongfully denied a request for recognition or intervention.

(b) The petition shall be filed with the regional office. Service and proof of service of the petition pursuant to Section 32140 are required.

(c) The petition shall contain the following information:

(1) The name, address and telephone number of the employee organization and the name, address and telephone number of the employee organization agent to be contacted;

(2) The name, address, county and telephone number of the employer;

(3) A copy of the request for recognition or intervention filed with the employer;

(4) A statement of the issues in dispute;

(5) A statement indicating what specific action(s) is requested of the Board.

33235. Failure to File Petition for Board Investigation.
If no petition for Board investigation is timely filed pursuant to section 33190 or 33230, the request for recognition shall be deemed invalid and shall not bar a subsequent request for recognition.

33237. Board Investigation.

(a) Whenever a petition regarding a representation matter is filed with the Board, the Board shall investigate and, where appropriate, conduct a hearing and/or a representation election or take such other action as deemed necessary to decide the questions raised by the petition.

(b) A petition shall be dismissed in part or in whole whenever the Board determines that:

(1) The petitioner has no standing to petition for the action requested; or

(2) The conditions of Government Code Sections 3544.1(c) or (d) or 3544.7(b) exist. A petition filed less than 120 days, but more than 90 days, prior to the expiration date of a lawful

written agreement negotiated by the public school employer and another employee organization must actually be received in the manner set out in Section 32135 during the "window period" as defined by Section 33020; or

(3) A valid election result has been certified affecting the described unit or a subdivision thereof within the 12 months immediately preceding the date of filing of the petition.

Article 4. Representation Hearings
33280. Withdrawal of a Petition.
Any petition requesting action to resolve a representation dispute may be withdrawn by the petitioner in writing at any time prior to a final decision by the Board pursuant to a voluntary agreement among the parties.

33290. Informal Conference.

(a) A Board agent may conduct an informal conference to clarify the issues and explore settlement of the case. No record shall be made at such a conference.

(b) A Board agent shall give reasonable notice of such conference to each party directed to attend.

33300. Notice of Hearing.
If the Board determines that a hearing is necessary, the Board shall serve a notice of hearing on each party. The notice shall state the date, time and place of the hearing.

33310. Posting Notice of Hearing.
As soon as possible but in no event later than 10 days following issuance of the notice of hearing, the employer shall post a copy of the notice conspicuously on all employee bulletin boards in each facility of the employer in which members of the unit described in the notice are employed. The notice shall remain posted through the date set for the hearing.

33330. Conduct of Hearing.
Hearings shall be conducted pursuant to procedures set forth in Chapter 1, Subchapter 3 (commencing with Section 32165) of these regulations.

33430. Withdrawal of a Petition.
Any petition requesting action to resolve a representation dispute may be withdrawn by the petitioner in writing at any time prior to a final decision by the Board pursuant to a voluntary agreement among the parties. Service and proof of service of the withdrawal pursuant to Section 32140 are required. The employer shall post a copy of the withdrawal on all employee bulletin boards in each facility of the employer in which members of the unit described are employed.

33440. Notice of Decision.
When the Board itself issues a decision or when a hearing officer decision becomes final, the Board shall serve the decision and a notice of decision on the parties.

33450. Posting Notice of Decision.
As soon as possible but in no event later than 10 days following issuance of the notice of decision, the employer shall post a copy of the notice of decision conspicuously on all employee bulletin boards in each facility of the employer in which members of the unit described in the decision are employed. The notice of decision shall remain posted for a minimum of 15 workdays.

Article 5. Representation Elections
33460. Elections in Consent Units.
At any time prior to a final decision of the Board regarding an appropriate unit, the parties may mutually agree upon an appropriate unit and request the Board to conduct a consent election. The conduct of any election in a consent unit should not be interpreted to mean that the Board would find the unit in question to be an appropriate unit in a disputed case.

33470. Eligibility to Appear on Ballot.
(a) Any employee organization which filed a valid request for recognition or intervention or which became a party to a representation case may appear on the election ballot, provided that the organization has evidenced to the satisfaction of the Board at least 30 percent support in the appropriate unit. If an election is directed by a PERB decision, each eligible employee organization shall have 15 workdays from the date of service of the decision in which to demonstrate at least 30 percent support in the unit found to be appropriate by the Board.

(b) The Board shall determine the sufficiency of the proof of support in accordance with the provisions of Section 33085 of these regulations.

33480. Recognition.
If only one employee organization qualifies to appear on the ballot and the organization has demonstrated proof of majority support in the appropriate unit, the Board shall cancel the election, and certify the organization as the exclusive representative unless the employer has granted recognition.

33485. Certification of Exclusive Representative.
If the Board determines (1) the employee organization requesting recognition has demonstrated proof of support of more than 50 percent of the employees in an appropriate unit, (2) no other employee organization has demonstrated proof of support of at least 30 percent of the employees, and (3) the employer has not granted recognition, the Board shall certify the petitioner as the exclusive representative.

33490. Conduct of Elections.
All elections shall be conducted by the Board in accordance with election procedures described in Chapter 1, Subchapter 6, Article 2 of these Regulations.

Article 6. Severance Request
33700. Severance Request.

(a) An employee organization may file a request to become the exclusive representative of an appropriate unit consisting of a group of employees who are already members of a larger established unit represented by an incumbent exclusive representative by filing a request for recognition in accordance with the provisions of Article 2 (commencing with Section 33050). All provisions of Articles 2 and 3 of this Subchapter shall be applicable to a severance request except as provided in this Article 6.

(b) Whenever the conditions of Government Code Section 3544.1(c) exist, a severance request for recognition or intervention must be filed in accordance with Section 32135 with the employer during the "window period" as defined by Section 33020.

(c) Any amendment to a request for recognition or intervention to add classifications or positions which are included in an established unit must be filed in the manner set out in Section 32135 during the "window period" defined by Section 33020.

33710. Response to Severance Request.

(a) The employer and the exclusive representative of the established unit may file a responding statement supporting or opposing the severance request. Such response shall be filed with the regional office within 20 days following the date of service of the severance request. Service and proof of service of the response pursuant to section 32140 are required.

(b) The response shall be in writing, signed by an authorized agent of the responding party and contain the following information:

(1) A copy of the severance request;

(2) The name, address and telephone number of the respondent, and the name, address and telephone number of the respondent agent to be contacted;

(3) A statement confirming or refuting the information contained in the severance request regarding the date the incumbent exclusive representative was recognized or certified, and the effective date and the expiration date of any current agreement covering employees in the established unit:

(4) A concise statement setting forth support of or opposition to the unit proposed by the request.

SUBCHAPTER 2. ORGANIZATIONAL SECURITY ARRANGEMENTS
Article 1. Rescission of Organizational Security Arrangement

34020. Employee Petition.

(a) A group of employees in an established unit may file with the regional office a petition to rescind an existing organizational security arrangement pursuant to Government Code Section 3546(d).

(b) The petition shall be filed utilizing forms provided by the Board and shall be signed by an authorized representative of the group of employees.

(c) Proof that at least 30 percent of the employees in the unit desire a vote to rescind the existing organizational security arrangement shall be filed with the regional office concurrent with the petition. Proof of support shall conform to the requirements of Section 32700(b), (c), (e)(3), (f) and (g), and must have been obtained within one academic year as defined in Section 32001(d).

(d) Service of the petition, excluding the proof of at least 30 percent support, and proof of service pursuant to Section 32140 are required.

34030. Board Determination Regarding Proof of Support.

(a) Within 20 days following the filing of the petition to rescind an organizational security arrangement, the employer shall file with the regional office an alphabetical list containing the names and job titles or classifications of the persons employed in the unit described in the petition as of the last date of the payroll period immediately preceding the date the petition was filed, unless otherwise directed by the Board.

(b) If after initial determination the proof of support is insufficient, the Board may allow up to 10 days to perfect the proof of support.

(c) Upon completion of the review of the proof of support, the Board shall inform the parties in writing of the determination as to sufficiency or lack thereof regarding the proof of support.

34035. Employee Vote.

(a) Provided the rescission petition is timely and properly filed pursuant to this Article 2, and the proof submitted in support of the petition is determined to be adequate pursuant to Section 34030, a rescission election among the employees in the established unit shall be conducted under procedures established by the Board, and in accordance with election procedures described in these regulations.

(b) The organizational security provision shall be rescinded if a majority of the employees in the negotiating unit covered by the provision vote to rescind the provision.

34040. Bar to Rescission.
The Board shall dismiss any petition to rescind the existing organizational security arrangement if the results of a prior election concerning an organizational security arrangement in the same unit were certified by the Board during the term of the written agreement in effect at the time the petition was filed.

Article 2. Reinstatement of Organizational Security Arrangement
34050. Petition.

(a) The recognized employee organization of an established unit may file with the regional office a petition to reinstate an organizational security provision that was rescinded by employee vote pursuant to Article 1 of this subchapter.

(b) The petition shall be filed utilizing the form titled EERA Fair Share Fee Reinstatement Petition (PERB 2320 (1/01)) and shall be signed by an authorized representative of the employee organization.

(c) Proof that at least 30 percent of the employees in the unit desire to reinstate the organizational security provision shall be filed with the regional office concurrent with the petition. Proof of support shall conform to the requirements of Section 32700(b), (c), (e)(3), (f) and (g).

(d) Service of the petition, excluding the proof of at least 30 percent support, and proof of service pursuant to Section 32140 are required.

34055. Board Determination Regarding Proof of Support.

(a) Within 20 days following the filing of the petition to reinstate an organizational security provision, the employer shall file with the regional office an alphabetical list containing the names and job titles or classifications of the persons employed in the unit described in the petition as of the last date of the payroll period immediately preceding the date the petition was filed, unless otherwise directed by the Board.

(b) If after initial determination the proof of support is insufficient, the Board may allow up to 10 days to perfect the proof of support.

(c) Upon completion of the review of the proof of support, the Board shall inform the parties in writing of the determination as to sufficiency or lack thereof regarding the proof of support.

34060. Employee Vote.

(a) Provided the reinstatement petition is timely and properly filed pursuant to this Article 2, and the proof submitted in support of the petition is determined to be adequate pursuant to Section 34055, an election among the employees in the established unit shall be conducted.

(b) The election shall be conducted in accordance with election procedures described in these regulations.

(c) The organizational security provision shall be reinstated if a majority of all the employees in the negotiating unit covered by the provision vote to reinstate the provision.

34065. Bar to Reinstatement Petition.
The Board shall dismiss any petition to reinstate an organizational security provision if the results of an election concerning the organizational security provision in the same unit were certified by the Board within the 12 months immediately preceding the filing of the petition.