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§ 20305. Contents of Petition for Certification; Construction.


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 § 20305
§ 20305. Contents of Petition for Certification; Construction.
(a) Contents -A petition for certification shall contain the following, in addition to those requirements set forth in Labor Code Section 1156.3(a):
(1) The name and address of the petitioner and its affiliation, if any.
(2) The name, location, and mailing address of the employer.
(3) The nature of the employer's agricultural commodity or commodities encompassed by the unit.
(4) A description of the bargaining unit which the petitioner claims is appropriate. If the unit sought encompasses less than all the agricultural employees of the employer, the petition shall include a specific and complete description of the unit, including its geographical limits, and a statement of inclusion or exclusion of processing or packing sheds or cooling facilities and the location of such sheds or facilities.
(5) The approximate number of employees currently employed in the alleged unit.
(6) Whether a strike is in progress for the unit involved, and if so, the approximate number of employees participating and the date such strike commenced.
(7) A statement of which languages, if any, other than Spanish and English, the petitioner requests be included on the ballots in any election conducted pursuant to said petition and the approximate number of employees who can effectively read the requested language and no other language in which the ballot would otherwise be printed.
(8) Name and telephone number of one representative of the filing party authorized to make agreements with the Board and the parties and to accept service of papers.
(b) A petition shall be liberally construed to avoid dismissal. In the event that petitioner fails to provide the information required by this section, thereby preventing the regional director from determining the existence of reasonable cause to believe that a bona fide question of representation exists, the regional director may, after consultation with the parties, dismiss the petition and notify the parties of the reasons thereof.
Note: Authority cited: Section 1144, Labor Code; Reference: Section 1157, Labor Code.
1. Repealer of subsection (a)(7) and subsection renumbering filed 9-20-91; operative 10-21-91 (Register 92, No. 4).
This database is current through 1/7/22 Register 2022, No. 1
8 CCR § 20305, 8 CA ADC § 20305
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