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§ 20335. Transfer, Consolidation, and Severance.


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 § 20335
§ 20335. Transfer, Consolidation, and Severance.
(a) Whenever it appears necessary in order to effectuate the purposes of the Act or to avoid unnecessary costs or delay, the Board or the regional director after consultation with the parties, may order that any petition and any proceedings that may have been instituted with respect thereto:
(1) Be consolidated with any other proceedings which may have been instituted in the same region;
(2) Be transferred and continued before the Board for the purpose of investigation or consolidation with any other proceeding which may have been instituted in any regional office;
(3) Be severed from any other proceeding with which it may have been consolidated pursuant to this section; or
(4) Be transferred to and continued in another regional office for the purpose of investigation or consolidation with any proceeding which may have been instituted in or transferred to such regional office.
(b) Whenever a petition under Labor Code Section 1156.3(c) is properly filed, the Board may, at its discretion, sever issues relating to the appropriateness of the bargaining unit, employment peak, or the accuracy of the allegations in the petition made pursuant to Labor Code Section 1156.3(a)(2), (3), or (4).
(c) Where a petition under Labor Code Section 1156.3(e) is filed, objecting to the conduct of the election or conduct affecting the results of the election pursuant to section 20365 or where challenges to the eligibility of voters to cast ballots are submitted to the Board pursuant to section 20363, the Executive Secretary shall notify the General Counsel of such filing(s), under either of these sections, and provide to the General Counsel a copy of the documents filed, by no later than the close of business of the following work day on which the documents were received by the Executive Secretary. Simultaneously, the Executive Secretary will identify the date upon which the 21 day period for Board action under either section 20365 or 20363 will expire.
(1) The General Counsel may thereby proceed to determine whether there are currently any charges filed under Chapter 4 of the Act that mirror the objections or challenges received by containing the same or some of the same matter which form the basis of said objection or challenge. Upon making this determination, the General Counsel may, at his or her option, notify the Executive Secretary that certain specified charges, in his or her view, mirror certain specified objections or challenges. Where the General Counsel has decided to seek consolidation of said mirroring charge with the objections or challenges set for hearing, the General Counsel, by motion, must request that the Board consolidate the mirror unfair labor practice charge complaint. In order for the Board to consider such motion for consolidation, the Board must receive the General Counsel's motion prior to the date set for expiration of the 21 day period under section 20365 and/or section 20363.
(2) Should the General Counsel determine that his or her investigation and/or issuance of the complaint on mirror unfair labor practices cannot occur prior to the scheduled expiration date of the 21 day period, the General Counsel may make, pursuant to Labor Code section 1156.3(i)(3), a motion to show good cause why the applicable 21 day period of time for determining which objections or challenges must be set for hearing should be extended for the purposes of consolidation. Alternatively, and also pursuant to Labor Code section 1156.3(i)(3), all affected parties may sign a stipulation extending the time period for consolidation.
For the purposes of this subdivision, good cause will be established when the General Counsel avers that it is his or her intent to move the Board to consolidate any enumerated mirror charges he or she has determined may merit complaint but that the investigation of those charges have not been completed and additional time is required to complete the investigation and/or issue complaint and move for consolidation. As a result of this averment, the Board will grant a 30 day continuance for the purpose requested so as to allow for a motion for consolidation.
(3) No other additional continuance will be granted for the purpose of section 20335(c) consolidation and the Board will proceed after the expiration of the 30 day continuance to hearing on the objections or challenges with or without consolidated charges. For purposes of any stipulation by the affected parties to extend the timeline set by Labor Code section 1156.3(i)(1)(A)(i), and pursuant to section 20130, the General Counsel is not an affected party.
(4) Any resulting hearing will be governed by the procedures set forth in Chapters 4 and 6 of the Act. The General Counsel or his or her representative may participate in any such hearing only when an unfair labor practice complaint has been consolidated with the objections or as required by the provisions of section 20370(c).
Note: Authority cited: Section 1144, Labor Code. Reference: Section 1156.3, Labor Code.
1. Amendment of subsection (c), new subsections (c)(1)-(4) and new Note filed 5-16-2017; operative 7-1-2017 (Register 2017, No. 20).
This database is current through 1/7/22 Register 2022, No. 1
8 CCR § 20335, 8 CA ADC § 20335
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