§ 71680. Severance Petition.

(a) An employee organization may file a petition to become the exclusive representative of a group of employees who are already members of a larger established unit represented by an incumbent exclusive representative by filing a request for recognition in accordance with the provision of Article 2 (commencing with Section 71030) or by filing a petition for certification in accordance with the provisions of Article 3 (commencing with Section 71100). In the case of a request for recognition or intervention, all provisions of Article 2 and Article 4 of this Subchapter shall be applicable to a severance request except as provided in this Article 7. In the case of a petition for certification, all provisions of Article 3 and Article 4 of this Subchapter shall be applicable to a severance petition except as provided in this Article 7.

(b) Whenever the conditions of Public Utilities Code Section 99564.1(c) or 99564.4(b)(1) exist, a severance petition, or any amendment to add classifications or positions to a severance petition, must be filed in the manner set out in Section 32135 during the “window period” as defined by Section 71026.

HISTORY

1. New article 7 (sections 71680-71685) and 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 A Certificate of Compliance must be transmitted to OAL by 6-1-2004 or emergency language will be repealed by operation of law on the following day.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(a), (c), (k), 99564.1, 99564.2 and 99564.4, Public Utilities Code.