§ 71080. Employer Response.

(a) Within 15 days following the service of the determination of adequacy of proof submitted in support of the request for recognition and any interventions, the employer shall file a written response with the regional office.

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

(c) The employer, if it has granted voluntary recognition pursuant to Public Utilities Code sections 99564 and 99564.1, shall include the following information in its response:

(1) A statement that the employer has voluntarily recognized (organization) as the exclusive representative for an appropriate unit of employees described below for purposes of meeting and conferring with the employer;

(2) Name, address and telephone number of the employer;

(3) Name, address and telephone number of the employee organization;

(4) A description of the grouping of employment classes to be included in the claimed unit.

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

(6) The date of recognition.

(d) The employer, if it has not granted voluntary recognition, shall provide the following information:

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

(2) Reasons for Denial of Recognition:

(A) Does the employer reasonably doubt the appropriateness of the proposed unit? If so, what classifications or positions remain in dispute? What is 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:

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

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

(E) If no interventions have been filed and no unit dispute exists, but the employer reasonably doubts that the employee organization has majority support, the employer shall set forth the reasons for its doubt of the majority support and request PERB to conduct a representation election.

HISTORY

1. New section 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.

2. 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 99561(f), Public Utilities Code. Reference: Sections 99561(k), 99564, 99564.1, 99564.2 and 99564.4, Public Utilities Code.