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§ 20393. Requests for Review; Requests for Reconsideration of Board Action; Requests to Reopen ...

8 CA ADC § 20393BARCLAYS 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 § 20393
§ 20393. Requests for Review; Requests for Reconsideration of Board Action; Requests to Reopen the Record.
(a) Dismissal of a representation petition, cross-petition, or intervention petition by a regional director pursuant to section 20300(i) may be reviewed by the Board pursuant to Labor Code section 1142(b), upon a written request for review filed by the party whose petition was dismissed. The request for review shall be filed with the Board within five days of service of the dismissal upon the party making the request. Requests for review of other delegated action reviewable under Labor Code section 1142(b), except those specifically provided for in subsection (b), infra , shall also be filed with the board within five days of service of notice of the action for which review is requested. Such requests shall be filed in accordance with the provisions set forth in section 20160(a)(2), and served in accordance with the provisions set forth in sections 20166, 20168 and 20169. The request shall set forth with particularity the basis for the request and shall be accompanied by six copies of the following:
(1) the evidence and legal arguments which the party seeking review contends support the request;
(2) the representation petition if the action to be reviewed concerns the dismissal of a representation, intervention, or cross-petition;
(3) the regional director's notice of dismissal of the representation petition, or notice of other action reviewable under Labor Code section 1142(b), and statement of reasons therefor, where applicable; and
(4) evidence that the aforementioned material has been served upon all parties pursuant to sections 20166, 20168 and 20169.
(b) Review of any other actions of a regional director or his or her agent pursuant to the powers which may be delegated to him or her under Labor Code Section 1142(b) to determine the unit appropriate for the purpose of collective bargaining, to determine whether a question of representation exists, and to direct an election shall be by means of a petition filed pursuant to Labor Code Section 1156.3(e) and Sections 20363, 20365 and 20370.
(c) A party to a representation proceeding may, because of extraordinary circumstances, move for reconsideration or reopening of the record, after the Board issues a decision or order in the case. A motion under this section must be filed with the Board within five days of service of the decision or order upon the party making the request, in accordance with the provisions set forth in section 20160(a)(2), and served on the parties, in accordance with the provisions set forth in sections 20166, 20168 and 20169. A motion for reconsideration or reopening of the record shall set forth with particularity the basis for the motion and legal argument in support thereof and shall be accompanied by proof of service of the motion and accompanying documents upon all parties as provided in sections 20166, 20168 and 20169. Only one request for reconsideration of or to reopen the record for any decision or order will be entertained. A motion filed after the issuance of a decision of the Board may alternatively request reconsideration and reopening. A motion filed under this section shall not operate to stay the decision and order of the Board.
(d) The Board, in its discretion, may request a response from the opposing party or parties prior to granting or denying a request for review under subsection (a) above or a request for reconsideration under subsection (c) above. Where an opportunity for response is to be provided, the Board shall serve notice thereof upon all parties as provided in section 20164, and shall set a reasonable period within which the opposing party or parties may file a response. Unless the Board requests it to do so, the party initially requesting review or reconsideration may not submit any material in addition to the petition for review or for reconsideration and its supporting documents.
(e) In any case in which a request for review is filed pursuant to this section of a dismissal of a representation petition, cross-petition or intervention petition by a regional director, the record on review by the Board shall consist of: the petition pursuant to Labor Code Section 1156.3(a), the cross-petition or intervention petition where applicable, the regional director's dismissal letter, and the request for review and supporting evidence and briefs.
Note: Authority cited: Section 1144, Labor Code. Reference: Sections 1142(b), 1156.3 and 1156.7, Labor Code.
HISTORY
1. Amendment of subsections (a) and (d), and new subsections (e) and (f) filed 1-26-79; effective thirtieth day thereafter (Register 79, No. 4).
2. Amendment of subsection (d) filed 8-28-81; effective thirtieth day thereafter (Register 81, No. 35).
3. Editorial correction of subsection (d) (Register 81, No. 46).
4. Amendment of subsections (a) and (f) filed 9-20-91; operative 10-21-91 (Register 92, No. 4).
5. Change without regulatory effect amending subsections (a)(5), (c) and (d) filed 11-4-91 pursuant to section 100, title 1, California Code of Regulations (Register 92, No. 12).
6. Amendment of section heading, subsections (a), (a)(5) and (c) filed 10-19-95; operative 11-18-95 (Register 95, No. 42).
7. Amendment of subsections (a) and (a)(2), repealer of subsection (a)(3), subsection renumbering, amendment of subsections (b) and (d), repealer of subsection (f) and amendment of Note filed 5-2-2012; operative 5-2-2012 pursuant to Government Code section 11343.4 (Register 2012, No. 18).
8. Amendment of subsections (a), (a)(4) and (c) filed 5-23-2017; operative 5-23-2017 pursuant to Government Code section 11343.4(b)(3) (Register 2017, No. 21).
This database is current through 1/7/22 Register 2022, No. 1
8 CCR § 20393, 8 CA ADC § 20393
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