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§ 20350. Election Procedure.


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 § 20350
§ 20350. Election Procedure.
(a) All elections shall be conducted under the supervision of the appropriate regional director. All elections shall be by secret ballot and shall be conducted at such times and places as may be ordered by the regional director. Reasonable discretion shall be allowed to the agent supervising the election to set the exact times and places to permit the maximum participation of the employees eligible to vote.
(b) Each party may be represented at the election by observers of its own choosing who should be designated at the pre-election conference, but in no event less than 24 hours before the start of the election. Such observers must be non-supervisory employees of the employer, except the petitioner, if an employee, also may not be an observer. Other persons, with the exception of supervisors or the petitioner, may be observers if agreed to by all parties in writing. Observers so designated should not wear or display any written or printed campaign material or otherwise engage in any campaign activities on behalf of any party while acting as observers. The Board agent has the discretion to determine the number of observers which each party may have. Any party objecting to the observers designated by another party must register the objection and the reasons therefore with the Board agent supervising the election by the close of business the day immediately preceding the election. Failure to so register such objections will be construed as a waiver of the right to object to the conduct of the election on such ground. The regional director shall have the discretion to modify the time limits contained in this regulation where a strike election makes such limits impracticable or in other extraordinary circumstances.
(c) All parties shall be required, upon request by the regional director or his or her agent, to cooperate fully in the dissemination to potential voters of official Board notices of the filing of a petition and official Board notices of direction of an election and any other notices which, in the discretion of the regional director or his or her agent, are required to fully apprise potential voters of the time and location of an election.
(d) Unless otherwise directed by the regional director after consideration of the particular circumstances of a case, a pre-election conference shall be held in each case no later than 24 hours before the commencement of the election. Subject to the above limitation, the Board agent assigned to the election shall have discretion to set the time and place of the pre-election conference after consultation with the parties.
Note: Authority cited: Section 1144, Labor Code. Reference: Sections 1156.3, 1156.7 and 1157.2, Labor Code.
1. Amendment of subsection (b) filed 3-14-78; effective thirtieth day thereafter (Register 78, No. 11).
2. Amendment of subsection (b) and new Note filed 7-8-99; operative 8-7-99 (Register 99, No. 28).
3. Amendment of subsection (b) filed 5-9-2002; operative 6-8-2002 (Register 2002, No. 19).
This database is current through 1/7/22 Register 2022, No. 1
8 CCR § 20350, 8 CA ADC § 20350
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