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Chapter 8. Office of the Director
Subchapter 2.2. Procedure Under the Laws Pertaining to the Alameda-Contra Costa Transit District, the Fresno Metropolitan Transit District, the Greater Bakersfield Metropolitan Transit District, the Marin County Transit District, the North San Diego County Transit Development Board, the Orange County Transit District, the Sacramento Regional Transit District, the San Diego County Transit District, the San Diego Metropolitan Transit Development Board, the San Francisco Bay Area Transit District, the San Mateo County Transit District, the Santa Barbara Metropolitan Transit District, the Santa Clara County Transit District, the So. California Rapid Transit District, the Stockton Metropolitan Transit District, and the West Bay Rapid Transit Authority

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§15810. Form of Petition.

(a) Petitions shall be in writing and signed, and shall be sworn to before a notary public or other person duly authorized by law to administer oaths and take acknowledgements. Five copies shall be filed.

(b) A petition shall contain the following:

(1) The name and address of the district, of responsible members, and of the establishments involved.

(2) The general nature of the district's business.

(3) A description of the bargaining unit which the petitioner claims to be appropriate.

(4) The names and addresses of any other labor organization which claims to represent any employees in the alleged or the certified appropriate unit, and brief descriptions of the contract or contracts, if any, covering the employees in such unit and the expiration date of such contract(s).

(5) The number of employees in the alleged appropriate unit.

(6) The name, affiliation (if any), and address of the petitioner (state if petitioner is the district).

(7) Any other relevant facts.

(c) In addition, a petition for certification, when filed by an employee or group of employees or an individual or labor organization acting in their behalf, shall also contain:

(1) A statement that the district declines to recognize the petitioner as the representative within the meaning of Section 9(a) of the Labor-Management Relations Act or that the labor organization is currently recognized but desires certification.

(2) Whether a strike or picketing is in progress at the establishment involved, and if so, the approximate number of employees participating, and the date such strike or picketing commenced.

(d) In addition, a petition for certification, when filed by a district, shall also contain:

(1) A brief statement setting forth that one or more individuals or labor organizations have presented to the petitioner a claim to be recognized as the exclusive representative of all employees in the unit claimed to be appropriate; a description of such unit; and the number of employees in the unit (if different from (b)(3) or (b)(4)).

(2) The name or names, affiliation if any, and addresses of the individuals or labor organizations making such claim for recognition (if different from (b)(4)).

(3) A statement whether the petitioner has contracts with any labor organization or other representatives of employees and if so, their expiration date.

(4) Whether a strike or picketing is in progress at the establishment involved and, if so, the approximate number of employees participating, and the date such strike or picketing commenced.

(e) In addition, a petition for decertification shall also contain:

(1) Name or names of the individuals or labor organizations who have been certified or are being currently recognized by the district and who claim to represent any employees in the unit involved, and the expiration date of any contracts covering such employees (if different from (b)(4)).

(2) An allegation that the individuals or labor organizations who have been certified or are currently recognized by the employer are no longer the representative in the appropriate unit as defined in Section 9(a) of the Labor Management Relations Act.

(3) Whether a strike or picketing is in progress at the establishment involved, and, if so, the approximate number of employees participating, and the date such strike or picketing commenced.

(f) In addition, a petition for clarification shall also contain:

(1) The name of the recognized or certified bargaining representative (if different from (b)(4)).

(2) If the bargaining unit is certified, an identification of the existing certification.

(3) A description of the proposed clarification.

(4) The number of employees in the unit as proposed under the clarification.

(5) The job classifications of employees as to whom the issue is raised, and the number of employees in each classification.

(6) A statement by petitioner setting forth reasons why petitioner desires clarification of unit.

(g) In addition, a petition for amendment of certification shall also contain:

(1) The name of the certified union involved.

(2) Identification and description of the existing certification.

(3) A statement by petitioner setting forth the details of the desired amendment and reasons therefor.

(h) Immediately upon filing, a copy of said petition shall be served by the service upon the district and upon any known labor organization purporting to act as representative of any employee directly affected by such petition.

NOTE: Authority and reference cited: Section 54, Labor Code; and Sections 4.4, 13.91, 25052, 28851, 30751, 40122, 50121, 70122, 90300b, 95651, 100301, 101344, 102403, 103401, 120505 and 125521, Public Utilities Code. Additional reference: Labor Management Relations Act, 1947, Section 9, 29 USC Section 159; 29 CFR Section 102.60-102.72.

HISTORY

1. Amendment filed 7-29-83; effective thirtieth day thereafter (Register 83, No. 31).

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