California § 99564.4. 99564.4. (Added by Stats. 2003, Ch. 833, Sec. 1.)

California Statutes

§ 99564.4. — 99564.4. (Added by Stats. 2003, Ch. 833, Sec. 1.)

California·Code PUC Public Utilities Code - PUC·Div. 10. DIVISION 10. TRANSIT DISTRICTS·Part 11. PART 11. PROVISIONS APPLICABLE TO ALL PUBLIC TRANSIT·Ch. 7. CHAPTER 7. Transit Employer-Employee Relations·Art. 5. ARTICLE 5. Employee Organizations: Representation, Recognition, Certification, and Decertification

(a)Upon receipt of a petition filed pursuant to Section 99564.2, the board shall conduct inquiries and investigations or hold hearings as it deems necessary in order to decide the questions raised by the petition. The determination of the board may be based upon the evidence adduced in the inquiries, investigations, or hearings. If the board finds on the basis of the evidence that a question of representation exists, or a question of representation is deemed to exist pursuant to subdivision (a) or (b) of Section 99564.1, it shall order that an election shall be conducted by secret ballot placing on the ballot all employee organizations evidencing support of at least 10 percent of the members of an appropriate unit, and it shall certify the results of the election on the basis of whi

Free access — add to your briefcase to read the full text and ask questions with AI

(a)
Upon receipt of a petition filed pursuant to Section 99564.2, the board shall conduct inquiries and investigations or hold hearings as it deems necessary in order to decide the questions raised by the petition. The determination of the board may be based upon the evidence adduced in the inquiries, investigations, or hearings. If the board finds on the basis of the evidence that a question of representation exists, or a question of representation is deemed to exist pursuant to subdivision (a) or (b) of Section 99564.1, it shall order
that an election shall be conducted by secret ballot placing on the ballot all employee organizations evidencing support of at least 10 percent of the members of an appropriate unit, and it shall certify the results of the election on the basis of which ballot choice received a majority of the valid votes cast. There shall be printed on the initial ballot the choice of “no representation.” If, at any election, no choice on the ballot receives a majority of the votes cast, a runoff election shall be conducted. The ballot for the runoff election shall provide for a selection between the two choices receiving the largest and second largest number of valid votes cast in the election.
(b)
No election shall be held and the petition shall be dismissed whenever either of the following exists:
(1)
There is currently in effect a memorandum of understanding between the employer and another
employee organization recognized or certified as the exclusive representative of any employees included in the unit described in the petition, unless the petition is filed not more than 120 days and not less than 90 days prior to the expiration date of the memorandum. However, if the memorandum has been in effect for three years or more, there shall be no restriction as to time of filing the petition.
(2)
Within the previous 12 months either an employee organization other than the petitioner has been lawfully recognized or certified as the exclusive representative of any employees included in the unit described in the petition, or a majority of the votes cast in a representation election held pursuant to subdivision (a) were cast for “no representation.”

California § 99564.4. (99564.4. (Added by Stats. 2003, Ch. 833, Sec. 1.)) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.