§ 40420. Employee Vote.

(a) The Board shall dismiss the rescission petition if a valid election has been conducted on the fair share fee provision during the term of the memorandum of understanding in effect at the time the petition was filed.

(b) Provided the rescission petition is timely and properly filed pursuant to this Article 4, and the proof submitted in support of the petition is determined to be adequate pursuant to Section 40410, a rescission election among the employees in the established unit shall be conducted under procedures established by the Board, and in accordance with election procedures described in Chapter 1, Subchapter 6, Article 2 of these regulations.

(c) The fair share fee provision shall be rescinded if a majority of the employees in the negotiating unit covered by the provision vote to rescind the provision.

HISTORY

1. New subsection (a), subsection redesignation and amendment of Note filed 6-3-94; operative 7-5-94 (Register 94, No. 22).

2. Change without regulatory effect amending subsection (b) filed 3-22-95 pursuant to section 100, title 1, California Code of Regulations (Register 95, No. 12).

3. Amendment of subsection (a) and amendment of Note filed 6-13-2001; operative 6-13-2001 (Register 2001, No. 24).

Note

Note: Authority cited: Sections 3513(h), (i), and (k), 3515.7 and 3541.3(g), Government Code. Reference: Sections 3515.8, 3541.3(c) and 3515.7(d), Government Code.