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§ 20352. Eligibility.


Barclays Official California Code of Regulations Currentness
Title 8. Industrial Relations
Division 2. Agricultural Labor Relations Board
Chapter 3. Procedure Under Chapter 5 of the Act for the Determination of Questions Concerning Representation of Employees
8 CCR § 20352
§ 20352. Eligibility.
(a) Those persons eligible to vote shall include:
(1) Those agricultural employees of the employer who were employed at any time during the employer's last payroll period which ended prior to the filing of the petition, except that if the employer's payroll as determined above is for fewer than five working days, eligible employees shall be all those employees who were employed at any time during the five working days immediately prior to the filing of the petition;
(2) Employees who are absent from work during the applicable payroll period but who are receiving pay for that period from the employer, as in the case of employees on paid sick leave or paid vacation;
(3) Employees who would have been on the payroll during the applicable payroll period but for the employer's unfair labor practices; and
(4) Eligible economic strikers.
(b) The following are ineligible to vote:
(1) Supervisors as defined in Labor Code Section 1140.4(j);
(2) Guards employed to enforce against employees and other persons rules to protect property of the employer or to protect the safety of persons on the employer's premises;
(3) Managerial employees;
(4) Confidential employees; and
(5) The parent, child, or spouse of the employer or of a substantial stockholder in a closely held corporation which is the employer.
This database is current through 1/7/22 Register 2022, No. 1
8 CCR § 20352, 8 CA ADC § 20352
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