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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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§15815. Percentage of Valid Authorizations Required to Determine Existence of a Representation Dispute.

(a) No question concerning representation shall be deemed to exist unless the labor organization raising such question by petition shall make a showing of proved authorizations or membership of at least 30 percent of the employees in the proposed unit. Authorization must be signed and dated in the employees' own handwriting or witnessed mark. No authorizations will be accepted which bear a date more than six months before the date of the petition for investigation.

(b) In lieu of the submission of signed authorization or membership applications, an adequate showing of interest may be demonstrated by submission of proof satisfactory to the service that

(1) The petitioner held a contract covering employees in a utility or facility at the time of its acquisition by the district;

(2) And the district assumed such collective bargaining agreement pursuant to the provisions of any contract of acquisition or the terms of the act;

(3) And the proposed unit is identical with the unit established in such collective bargaining agreement.

(c) In the event a petition seeks to add a group of employees not covered by an existing service-certification, it shall be necessary to submit authorization or membership applications only for that portion of the proposed unit attributable to such accretion.

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, 102505, 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. New NOTE filed 7-29-83; effective thirtieth day thereafter (Register 83, No. 31).

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