§ 20325. Intervention.
8 CA ADC § 20325BARCLAYS OFFICIAL CALIFORNIA CODE OF REGULATIONS
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 § 20325
§ 20325. Intervention.
(a) Subject to the provisions of Labor Code Section 1156.3(b), any labor organization which seeks to intervene in an election proceeding based on a petition filed under Labor Code Section 1156.3(a) must file with the regional office of the Board in which the petition is being processed a written petition for intervention. In order to be filed, an intervention petition must be accompanied by proof of service of the intervention petition on the employer and on the original petitioner. Service of an intervention petition shall be in accordance with the provisions of Section 20300(f) of these regulations. Upon the filing of an intervention petition, the regional director shall notify the employer and petitioner that an intervention petition has been filed.
(b) A petition for intervention shall include: (1) the name and address of the intervening union and its affiliation, if any; (2) the name and telephone number of a representative of the intervenor authorized to make agreements with the Board and the parties and to accept service of papers; and (3) a statement of what language or languages other than English or Spanish are required for the election, if any.
(c) If the intervenor contends that the geographical scope of the unit sought in the election petition is incorrect or challenges any of the allegations in the petition made pursuant to Labor Code Section 1156.3(a), the intervenor shall raise these contentions in the petition for intervention.
(d) The petition shall also be accompanied by evidence of employee support for the intervention by at least 20 percent of the employees in the bargaining unit. The regional director shall determine administratively whether there exists an adequate showing of employee support to permit intervention. If the regional director determines that the showing of interest is inadequate, the deficiency may be corrected up to 24 hours prior to the time of the election. Sections 20300(j)(4) and (5) with respect to challenges to showing of interest and reviewability of the regional director's determination on showing of interest shall be applicable also to showing of interest by an intervenor.
(e) In computing the 24-hour period for intervention provided for in Labor Code Section 1156.3(b) and the 24-hour period permitted for correcting deficiencies in showing of interest as provided by subsection (d) above, Sundays and legal holidays shall be excluded. If the time for filing an intervention petition elapses at a time when the regional office is closed, such petition may be timely filed during the first hour of business on the next business day. When any election is scheduled prior to the opening of business on a Monday or on the day following a legal holiday, a potential intervenor shall notify the regional director of its intention to intervene during regular business hours, and the regional director shall make arrangements to receive the petition at a reasonable hour no later than 24 hours prior to the opening of the polls.
(f) Any labor organization which, prior to the pre-election conference, files with the appropriate regional office a written statement of intention to intervene in a particular election but has not yet filed its intervention petition accompanied by an adequate showing of interest, may send one representative to a pre-election conference which may take place before the period for intervention expires.
1. Amendment of subsection (e) filed 3-14-78; effective thirtieth day thereafter (Register 78, No. 11).
This database is current through 1/7/22 Register 2022, No. 1
8 CCR § 20325, 8 CA ADC § 20325
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