PERB: Public Employment Relations Board

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Chapter 6

CHAPTER 6. TRANSIT EMPLOYER-EMPLOYEE RELATIONS ACT

SUBCHAPTER 1. REPRESENTATION PROCEDURES

Article 1. General Provisions

71010. Parties.
"Parties" means the transit district employer, the employee organization which is the exclusive representative of any employee covered by a request, intervention or petition for certification, or any employee organization known to have an interest in representing any employees as demonstrated by having filed a pending request, intervention, or petition for certification.

71026. Window Period.
"Window period" means the 31-day period established pursuant to Public Utilities Code Sections 99564.1(c) and 99564.4(b)(1), which is not more than 120 days and not less than 90 days prior to the expiration date of a memorandum of understanding negotiated by the transit district employer and the exclusive representative. The memorandum of understanding expiration date means the last effective date of the memorandum. Notwithstanding the provisions of Section 32130, the date on which the memorandum of understanding expires shall not be counted for the purpose of computing the window period.

71027. List of Transit District Employee Mailing Addresses.

(a) Except as prohibited by law, the transit district employer shall release to an exclusive representative a mailing list of home addresses of transit district employees it represents pursuant to a written request by the exclusive representative. The mechanics of such release, including but not limited to

(1) timing, frequency, and manner of disclosure,

(2) maintenance of the mailing list, and

(3) cost of production shall be subject to the collective bargaining process.

(b) Except as prohibited by law, the transit district employer may, upon request, release a mailing list of home addresses of its unrepresented employees to an employee organization. The mechanics of such release, including but not limited to

(l) timing, frequency, and manner of disclosure,

(2) maintenance of the mailing list, and

(3) cost of production shall be determined by the transit district employer.

Article 2. Request for Recognition and Intervention

71030. 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 include the following information:

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

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

(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.

(b) Proof of majority support in the unit claimed to be appropriate shall be filed with the regional office or with a mutually agreed upon third party concurrent with the filing of the request for recognition. 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 serve a copy of the request, excluding the proof of majority support, on the parties. Proof of service pursuant to Section 32140 is required.

(d) A petition 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 either Article 2 or Article 3 and in accordance with the provisions of Article 7 (commencing with Section 71680). A petition to become the exclusive representative of all of the employees in an established unit represented by an incumbent exclusive representative shall be filed pursuant to Chapter 1, Subchapter 6, Article 4 (commencing with Section 32770) of these regulations.

71035. 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.

(d) The notice shall include a copy of the request for recognition and shall also include the PERB case number, the date the request was received, the date the notice is posted, the final date for posting, the final date for intervention on the request, and the signature of the employer's authorized agent. (e) The employer shall serve a copy of the notice on the regional office and the parties concurrent with the posting of the notice. Proof of service pursuant to Section 32140 is required.

71040. Intervention.

(a) Except as provided in Section 71680(c), an intervention by an employee organization shall be filed with the employer within 15 workdays following the posting of a notice of a 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 include the following information:

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

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

(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.

(b) Proof of at least 30 percent or at least 10 percent support of the employees in the unit claimed to be appropriate by the intervenor shall be filed with the regional office or with a mutually agreed upon third party concurrent with the filing of the intervention. Proof of support is defined in Chapter 1, Section 32700 of these regulations.

(1) If the intervention is evidenced by at least 30 percent support, a question of representation shall be deemed to exist.

(2) If the intervention is evidenced by at least 10 percent support, the Board shall conduct such inquiries and investigations or hold such hearings as it shall deem necessary in order to decide the questions raised by the intervention. The Board shall notify all parties in writing of any determination made regarding such an intervention.

(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. Proof of service pursuant to Section 32140 is required.

71050. 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.

(a) An employee organization and an employer may mutually agree that the proof submitted in support of a request for recognition or intervention be filed with a third party rather than the Public Employment Relations Board. Such agreement must be reached prior to the filing of the request or intervention.

(b) Within 20 days of receipt of a request or intervention, the employer shall file with the mutually agreed upon third party an alphabetical list, including job titles and classification codes, 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.

(c) The mutually agreed upon third party shall complete the review of the proof of support and issue to the parties a written determination as to its sufficiency or lack thereof within 15 days of receipt of the list of employees from the employer.

(d) The third party shall concurrently serve a copy of the proof of support determination, accompanied by the proof of support submitted by the requester or intervenor, on the regional office.

71060. 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 may be filed with the employer or the board. Service and proof of service pursuant to Section 32140 are required.

71070. Amendment of Request or Intervention.

(a) A request for recognition or intervention may be amended to correct technical errors or to delete job classifications from the proposed unit at any time prior to the issuance of the notice of representation hearing, or, where no hearing has been held, issuance of the notice of intent to conduct an election. The amendment shall be filed with the employer and shall include the information described in Sections 71030(a) and 71040(a). A copy shall be concurrently served on each party and the regional office. Proof of service pursuant to Section 32140 is required. No posting shall be required.

(b) Amendments to add job classifications or positions to a proposed unit shall be subject to the following:

(1) Except as provided in Section 71680(c), a request for recognition or intervention may be amended to add new job classifications to a proposed unit at any time prior to the issuance of a notice of representation hearing, or if no hearing is held, the issuance of a notice of intent to conduct election.

(2) The amendment shall be filed with the employer. The employee organization shall concurrently serve a copy of the amendment on each party 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 any amended request for recognition 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 as set forth in Section 71035, and shall remain posted for 15 workdays, during which time interventions may be filed.

(4) An employer response to the amended request or intervention shall be filed with the regional office within 15 days following service of the Board's determination regarding the adequacy of proof of support, unless otherwise directed by the Board. The response shall conform to the requirements for employer responses as set forth in Section 71080.

(c) Amendments to correct technical errors, add or delete job classifications from a party's proposed unit which are requested after the issuance of the notice of hearing are subject to approval by the hearing officer. The hearing officer may grant the requested amendment so long as it will not serve to unduly impede the hearing and provided that 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 hearing officer.

71080. Employer Response.

(a) Within 15 days following the service of the determination of adequacy of proof submitted in support of the request for recognition and any interventions, the employer shall file a written response with the regional office.

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

(c) 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:

(1) A statement that the employer has voluntarily recognized (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 and telephone number of the employer;

(3) Name, address and telephone number of the 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;

(6) The date of recognition.

(d) 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 and telephone number of the employer agent to be contacted;

(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.

71090. Employee Organization Petition for Board Investigation.

(a) Not later than 30 days following the date an employer response is filed or is due, whichever occurs first, a petition for Board investigation 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; or

(2) An employee organization alleging that it has filed an intervention pursuant to Section 71040.

(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 with the regional office. Service and proof of service of the petition pursuant to Section 32140 are required.

(d) 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 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.

71095. Failure to File Petition for Board Investigation.
If no petition for Board investigation is timely filed pursuant to Section 71080 or 71090, the request for recognition and any interventions shall be deemed invalid and shall not bar a subsequent request for recognition.

Article 3. Petition for Certification

71100. Petition for Certification.

(a) Subject to the limitations expressed in Section 71140(b), a petition for certification pursuant to Public Utilities Code Section 99564.2(c) by an employee organization wishing to be certified by the Board as the exclusive representative in an appropriate unit shall be filed with the regional office. The petition shall be 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 and telephone number of the agent to be contacted;

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

(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..

(b) The petition shall be accompanied by proof of at least 30 percent support of the employees in the unit claimed to be appropriate. Proof of support is defined in Chapter 1, Section 32700 of these regulations.

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

71110. Determination of Proof of Support.

(a) Within 20 days of the date of service of a copy of the petition for certification, the employer shall file with the regional office an alphabetical list, including job titles or classifications, of the employees employed in the claimed unit 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.

71115. Withdrawal of Petition for Certification.
Any petition for certification may be withdrawn by an authorized representative of the employee organization that filed it at any time prior to a final decision by the Board. Such withdrawal shall be filed with the regional office. Service and proof of service of the withdrawal pursuant to Section 32140 are required.

71120. Amendment of Petition for Certification.

(a) A petition for certification may be amended to correct technical errors or to add (subject to the limitations set forth in Section 71680(c)) or delete job classifications from the proposed unit at any time prior to the issuance of a notice of hearing, or notice of intent to conduct election. The amendment shall be filed with the regional office and include the information described in Section 71100(a). Service and proof of service of the amendment pursuant to Section 32140 are required.

(b) In addition, amendments to add new job classifications to a proposed unit shall be subject to the following:

(1) Additional proof of support, if needed to maintain standing as a petitioner, shall be filed with the regional office concurrently with the amendment.

(2) An employer response to the amended petition shall be filed with the regional office within 15 days following the service of the Board determination of adequacy of proof submitted in support of the petition, unless otherwise directed by the Board. The response shall conform to the requirements for employer responses as set forth in Section 71130.

(c) Amendments to correct technical errors, add or delete job classifications from a party's proposed unit which are requested after the issuance of the notice of hearing are subject to approval by the hearing officer. The hearing officer may grant the requested amendment, so long as it will not serve to unduly impede the hearing and provided that sufficient proof of support is evidenced to support any request for addition of job classifications.

71130. Employer Response Regarding Petition for Certification.

(a) Within 15 days following service of the Board's determination regarding the adequacy of proof submitted in support of the petition, the employer shall file a written response with the regional office.

(b) Service and proof of service of the response pursuant to Section 32140 are required.

(1) Name, address and telephone number of the employer and name, address and telephone number of the employer's agent to be contacted;

(2) Employer position regarding the petition for certification:

(A) Does the employer reasonably doubt the appropriateness of the unit proposed by the petitioner? If so, what classifications or positions remain in dispute? What is the employer's position regarding the dispute?

(B) Does the employer believe that there are other reasons why a representation election should not be held in the proposed unit? If so, please fully explain.

Article 4. Board Investigation

71140. Board Investigation.

(a) Whenever a petition regarding a representation matter is filed with the Board pursuant to Public Utilities Code section 99564.1 or 99564.2, 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) There is currently in effect a memorandum of understanding between the employer and another employee organization recognized or certified as the exclusive representative of any employees included in the unit described in the request for recognition, unless the request for recognition is filed not more than 120 days and not less than 90 days prior to the expiration date of such memorandum of understanding, provided that if such memorandum of understanding has been in effect for three years or more, there shall be no such restriction as to the time of filing the request. A petition filed not more than 120 days and not less than 90 days prior to the expiration date of a memorandum of understanding must actually be received in the manner set out in Section 32135 during the "window period" as defined by Section 71025; or

(3) The employer has, within the previous 12 months, lawfully recognized an employee organization other than the petitioner as the exclusive representative of any employees included in the unit described in the petition; or

(4) 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; or

(5) The petition for Board investigation was filed either after a notice of hearing or, where no hearing has been held, notice of intent to conduct election covering any of the employees in the unit proposed by the petitioner has been issued by the Board.

Article 5. Representation Hearings

71200. Informal Conference.
The Board may conduct an informal conference for the purposes of clarifying the issues and exploring settlement of the case. No record shall be made at such a conference.

71210. Notice of Representation Hearing.
Upon determining that a hearing is necessary, the Board shall serve a notice on all interested parties pursuant to Section 71020. The notice shall state the date, time and place of the hearing. The notice shall also include information regarding how an employee organization may become a party to the hearing.

71225. Conduct of Hearing.
Hearings shall be conducted pursuant to procedures set forth in Chapter 1, Subchapter 3 (commencing with Section 32165) of these regulations.

71230. 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 between or among the parties regarding an appropriate unit.

71235. Notice of Decision.
The Board shall serve on all interested parties pursuant to Section 71020 a notice of decision with either the decision of the Board itself or a final hearing officer decision.

Article 6. Representation Elections

71300. Notice of Intent to Conduct Election.
Upon determination to conduct a representation election, other than an election directed by a Board decision, the Board shall issue a notice of intent to conduct election to all interested parties pursuant to Section 71020. A notice of decision pursuant to Section 71235 which orders a representation election shall serve as a notice of intent to conduct election.

71310. Intervention to Appear on Ballot.

(a) Within 15 workdays following issuance of a notice of intent to conduct election in the appropriate unit, any employee organization, whether or not a party to the unit hearing, may file an intervention to appear on ballot. The intervention shall be filed with the regional office and include the following information:

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

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

(3) A description of the unit for which the intervention is filed.

(b) The intervention shall be accompanied by proof of support of at least 10 percent of the employees in the appropriate unit. Proof of support is defined in Chapter 1, Section 32700 of these regulations.

(c) Service of the intervention, exclusive of the proof of support, and proof of service pursuant to Section 32140 are required.

71320. Board Determination Regarding Proof of Support. (a) Within 20 days of issuance of a notice of intent to conduct election the employer shall file with the regional office an alphabetical list, including job titles or classifications of employees employed in the appropriate unit as of the last date of the payroll period immediately preceding the date of issuance of the notice of intent to conduct election, 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 showing of support. (c) Upon completion of the review of the showing of support, the Board shall inform the parties in writing of the determination as to sufficiency or lack thereof regarding the proof of support.

71330. Voluntary Recognition. If only one organization qualifies to appear on the ballot and the organization has demonstrated proof of majority support in the appropriate unit, the employer may grant voluntary recognition and notify the Board to cancel the election.

71340. 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 7. Severance Petition

71680. Severance Petition.

(a) An employee organization may file a petition 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 by filing a request for recognition in accordance with the provision of Article 2 (commencing with Section 71030) or by filing a petition for certification in accordance with the provisions of Article 3 (commencing with Section 71100). In the case of a request for recognition or intervention, all provisions of Article 2 and Article 4 of this Subchapter shall be applicable to a severance request except as provided in this Article 7. In the case of a petition for certification, all provisions of Article 3 and Article 4 of this Subchapter shall be applicable to a severance petition except as provided in this Article 7.

(b) Whenever the conditions of Public Utilities Code Section 99564.1(c) or 99564.4(b)(1) exist, a severance petition, or any amendment to add classifications or positions to a severance petition, must be filed in the manner set out in Section 32135 during the "window period" as defined by Section 71026.

71685. Response to Severance Petition.

(a) The employer and the exclusive representative of the established unit shall file a responding statement supporting or opposing the severance petition 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:

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

(2) A statement regarding the date the incumbent exclusive representative was recognized or certified, and the effective date and the expiration date of any current memorandum of understanding covering employees in the established unit:

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

SUBCHAPTER 2. FAIR SHARE SERVICE FEE PROVISIONS

Article 1. Rescission Petition

71700. Employee Petition.

(a) A group of employees in an established unit may file with the regional office a petition to rescind an organizational security provision established pursuant to Public Utilities Code Section 99566.1.

(b) The petition shall be signed by an authorized representative of the group of employees and shall include the following information:

(1) The name, address and telephone number of the authorized representative to be contacted;

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

(3) The name, address and telephone number of the exclusive representative;

(4) A description of the bargaining unit covered by the organizational security provision;

(5) The approximate number of employees in the unit.

(c) Proof that at least 30 percent of the employees in the unit desire a vote to rescind the existing 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), and must have been obtained within one year.

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

71710. Board Determination Regarding Proof of Support.

(a) Within 20 days following the filing of the petition to rescind 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.

(a) Provided the rescission petition is timely and properly filed pursuant to this Article 1, and the proof submitted in support of the petition is determined to be adequate pursuant to Section 71710, a rescission 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 rescinded if a majority of all the employees in the negotiating unit covered by the provision vote to rescind the provision.

71720. Bar to Rescission Petition.
The Board shall dismiss any petition to rescind the existing organizational security provision if the results of a previous election concerning the organizational security provision in the same unit were certified by the Board during the term of the memorandum of understanding in effect at the time the petition was filed.

Article 2. Reinstatement Petition

71725. 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 signed by an authorized representative of the employee organization and shall include the following information:

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

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

(3) A description of the bargaining unit covered by the organizational security provision;

(4) The approximate number of employees in the unit.

(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.

71730. 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.

(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 71725, 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.

71740. 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.

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