§ 40230. Response to Severance Petition.

(a) The employer or the exclusive representative of the established unit may file a responding statement supporting or opposing the severance petition. Unless otherwise notified by the Board, such response shall be filed with the regional office within 20 days following the date of service of the petition. Service and proof of service of the response pursuant to section 32140 are required.

(b) The response shall be in writing, signed by an authorized agent of the responding party and contain the following information:

(1) A copy of the severance petition;

(2) The name, address and telephone number of the respondent, and the name, address and telephone number of the respondent agent to be contacted;

(3) A statement confirming or refuting the information contained in the severance petition regarding the date the incumbent exclusive representative was recognized or certified, and the effective date and the expiration date of any current agreement covering employees in the established unit;

(4) A concise statement setting forth support of or opposition to the unit proposed by the petition.

HISTORY

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

2. Repealer of subsection (c) and amendment of Note filed 1-26-95; operative 2-27-95 (Register 95, No. 4).

Note

Note: Authority cited: Sections 3513(h) and 3541.3(g), Government Code. Reference: Sections 3520.5, 3541.3(c) and 3541.3( l), Government Code.