§ 33190. Employer Decision Regarding Request for Recognition and Intervention.

(a) Unless otherwise directed by the Board, within 15 days following service of the Board's determination regarding the adequacy of proof of support, the employer shall file a decision with the regional office.

(b) Service and proof of service of the employer decision pursuant to section 32140 are required.

(c) The employer shall use “Format A” if it has granted recognition pursuant to Government Code sections 3544 and 3544.1. As soon as possible, but in no event later than 10 days from its issuance, the employer shall post a copy of the employer decision conspicuously on all employee bulletin boards in each facility of the employer in which members of the unit affected are employed. The decision shall remain posted for at least 15 workdays.

Format A: RECOGNITION

(1) The (name) School District has recognized (organization) as the exclusive representative for an appropriate unit of employees described below for purposes of meeting and negotiating with the district;

(2) No intervention has been filed during the posting period;

(3) The name, address, county and telephone number of the employer;

(4) The name, address and telephone number of the employee organization;

(5) A description of the grouping of jobs or positions which constitute the appropriate unit;

(6) The number of employees in the unit recognized;

(7) The date of recognition.

(d) The employer shall use “Format B” if it has not granted recognition.

Format B: DENIAL OF RECOGNITION

(1) The name, address, county and telephone number of the employer; and the name, address and telephone number of the employer agent to be contacted;

(2) Attach a copy of the request for recognition;

(3) Reasons for Denial of Recognition:

(A) Does the employer doubt the appropriateness of the proposed unit? If so, what classifications or positions remain in dispute? State the employer's position regarding the dispute.

(B) Was the request timely and appropriately filed? If not, fully explain any deficiencies.

(C) Is the employer unable to grant recognition because some or all of the employees in question are part of a negotiating unit that is already represented by an exclusive representative?

(D) Were any interventions filed within the 15 workday posting period? Attach a copy of each intervention. For each intervention, state the following:

1. Does the employer doubt the appropriateness of the unit proposed by the intervenor? If so, what classifications or positions remain in dispute? State the employer's position regarding the dispute.

2. Was the intervention timely and appropriately filed? If not, fully explain any deficiencies.

(4) If a unit dispute exists, does the employer request the Board to resolve the dispute pursuant to Government Code section 3544.5(a)?

HISTORY

1. Amendment filed 6-18-80; effective thirtieth day thereafter (Register 80, No. 25). For prior history, see Registers 78, No. 3; and 78, No. 20.

2. Amendment filed 9-20-82; effective upon filing pursuant to Government Code Section 11346.2(d) (Register 82, No. 39).

3. Amendment filed 10-10-85; effective thirtieth day thereafter (Register 85, No. 41).

4. Amendment of subsection (d)(3) filed 12-29-88; operative 1-28-89 (Register 89, No. 4).

5. Amendment of subsection (d)(3)(C) and subsection renumbering filed 1-26-95; operative 2-27-95 (Register 95, No. 4).

6. Change without regulatory effect amending subsections (c), (c)(2) and (d) filed 8-7-95 pursuant to section 100, title 1, California Code of Regulations (Register 95, No. 32).

7. Amendment filed 4-12-2000; operative 5-12-2000 (Register 2000, No. 15).

8. Amendment of subsections (c), (c)(1), (d) and (d)(4) and repealer of subsection (d)(5) filed 2-2-2004 as an emergency; operative 2-2-2004 (Register 2004, No. 6). A Certificate of Compliance must be transmitted to OAL by 6-1-2004 or emergency language will be repealed by operation of law on the following day.

9. Certificate of Compliance as to 2-2-2004 order transmitted to OAL 5-4-2004 and filed 6-8-2004 (Register 2004, No. 24).

Note

Note: Authority cited: Section 3541.3(g), Government Code. Reference: Sections 3541.3(l), 3544 and 3544.1(b), Government Code.