§ 20720. Definitions.

(a) Parties. Parties include the participants in elections and the parties of record in an unfair labor practice case, including the general counsel.

(b) Board employees. Board employees include, in all actions, members of the Board and their staffs and the executive secretary and his or her staff, including investigative hearing examiners and administrative law judges.

(c) Action. An action is

(1) objections to an election under Labor Code Section 1156.3(c);

(2) post-election challenge ballot proceedings;

(3) unfair labor practice proceedings, including injunctive proceedings;

(4) a proceeding under Section 20382; or

(5) a petition under Section 20385.

(d) Pending. Actions are pending as follows:

(1) any proceeding relating to an election petition is pending from the time the election petition is filed until the election is certified and not subject to review via a related unfair practice charge or until the petition is dismissed or withdrawn or until the election is overturned;

(2) an unfair labor practice case is pending from the time the charge is filed until the time the charge is dismissed without right to further review, the charge is withdrawn or settled, or the Board makes a final order on a complaint arising from such charge;

(3) a proceeding under Section 20382 is pending from the time the petition is filed until it is granted or denied by the Board, or it is withdrawn; and

(4) a petition under Section 20385 is pending from the time the petition is filed until the regional director's report becomes final, the petition is withdrawn, or the Board makes a final determination.

HISTORY

1. Amendment of subsection (b) and new Note filed 7-8-99; operative 8-7-99 (Register 99, No. 28).

2. Amendment of subsection (d)(1), repealer of subsection (d)(2), subsection renumbering, and amendment of newly designated subsections (d)(2)-(d)(4) filed 11-1-99; operative 12-1-99 (Register 99, No. 45).

Note

Note: Authority cited: Section 1144, Labor Code. Reference: Sections 1151, 1156.3 and 1160.2, Labor Code.