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§ 20330. Cross-Petitions.


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 § 20330
§ 20330. Cross-Petitions.
(a) Whenever a petition is filed which encompasses a unit for which a valid petition is currently on file, and no election has yet been directed, the Board or the regional director will determine which of the petitions seeks the appropriate unit, in the event the petitions do not seek the same unit. When the petitions seek the same unit an election will be directed in that unit if the regional director determines it to be appropriate. Both petitions shall be deemed to be cross-petitions. As soon as possible after a cross-petition is filed, the regional director or Board agent assigned to the case shall notify the employer and the original petitioner by telephone that a cross-petition has been filed.
(b) When a cross-petition is filed after the Notice and Direction of Election has been distributed but prior to the 24-hour intervention period set forth in Labor Code Section 1156.3(b), the later petition or petitions will be treated as a motion to intervene. A cross-petition which is not accompanied by a majority showing of interest shall be treated as a petition for intervention if it is accompanied by at least a 20 percent showing of interest. Nothing contained in these rules shall preclude an intervenor or cross-petitioner from challenging the appropriateness of the unit in which an election was conducted by filing a petition pursuant to Labor Code Section 1156.3(c).
(c) A cross-petitioner shall be subject to the same obligations with respect to service of the cross-petition as apply to service of the petition by the petitioner pursuant to Section 20300(f). If the cross-petitioner contends that the allegations with respect to peak employment in the original petition are incorrect, it shall raise that contention in writing to the regional director within 48 hours of the filing of the cross-petition.
Note: Authority cited: Section 1144, Labor Code. Reference: Section 1156.3, Labor Code.
1. Amendment of subsection (b) and new Note filed 7-8-99; operative 8-7-99 (Register 99, No. 28).
This database is current through 1/7/22 Register 2022, No. 1
8 CCR § 20330, 8 CA ADC § 20330
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