§ 20355. Challenges.
8 CA ADC § 20355BARCLAYS 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 § 20355
§ 20355. Challenges.
(a) Any party or the Board agent may challenge, for good cause shown, the eligibility of any person to cast a ballot. Good cause shown shall consist of a statement of the grounds for the challenge, which shall be supported by evidence submitted subsequent to the closing of the polls. Any challenge must be asserted prior to the time that the prospective voter receives a ballot and be limited to one or more of the following grounds:
(1) The prospective voter is a supervisor as defined by Labor Code Section 1140.4(j);
(2) The prospective voter was not employed in the appropriate unit during the applicable payroll period;
(3) The prospective voter is employed by his or her parent, child, or spouse, or is the parent, child, or spouse of a substantial stockholder in a closely held corporation which is the employer;
(4) The prospective voter was employed or his or her employment was willfully arranged for the primary purpose of voting in the election in violation of Labor Code Section 1154.6;
(5) The prospective voter is a guard employed primarily 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 property;
(6) The prospective voter is a managerial or confidential employee;
(7) The prospective voter is not an agricultural employee of the employer as defined in Labor Code Section 1140.4(b); or
(8) The prospective voter's name does not appear on the eligibility list.
(b) Failure to challenge the eligibility of a person to vote prior to his receiving a ballot shall constitute a waiver of the right to challenge that person's vote and any post-election objection raising the issue of the eligibility to vote of a person whose ballot was not challenged at the election shall be dismissed.
(c) Prospective voters, including those whose names appear on the eligibility list, must present identification in order to vote. Identification may be in the form of an employer-provided identification card, a payroll check stub of that employer, driver's license, “green card,” social security card, or any other identification which the Board agent, in his or her discretion, deems adequate. The Board agent will challenge any prospective voter who fails to supply identification as required above, or any prospective voter concerning whom the Board agent concludes there is a substantial question of identity.
(d) Subsequent to the balloting but prior to the tally of ballots, the Board agent supervising the election shall have discretion to rule upon challenged ballots on which all parties agree that there is no factual or legal dispute, or to accept withdrawal of any challenge by the party making the challenge.
1. Amendment of subsection (a) 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 § 20355, 8 CA ADC § 20355
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