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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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§15825. Investigation of Petition by Service.

(a) After a petition has been filed under Section 15805(a) or (b), if no agreement for a consent election is entered into and if it appears to be service that there is reasonable cause to believe that a question of representation exists, that the policies of the act will be effectuated, and that an election will reflect the free choice of the employees on the appropriate unit, the service shall serve upon the petitioner, the district, any known individuals or labor organizations purporting to act as the representative of any employees directly affected by such investigation and any other parties a notice of hearing before a hearing officer at a time and place fixed therein, which notice shall be given at least 10 days in advance of the date specified for the hearing. A copy of the petition shall be served with such notice of hearing. Any such notice of hearing may be amended or withdrawn by the service at any time prior to the close of the hearing. When more than one petition has been filed involving all or part of the same group of employees, or otherwise raising common issues, the service may, on the motion of any of the parties, or on its own motion, order that said petitions be consolidated for the purpose of hearing and decision.

(b) After a petition has been filed under Section 15805(c), the service shall conduct an investigation and, as appropriate, may issue a decision with the approval of the Director without a hearing; or prepare and cause to be served upon the petitioner, the district, any known individuals or labor organizations purporting to act as representatives of any employees directly affected by such an investigation and any other parties, a notice of hearing before a hearing officer at a time and place fixed or take other appropriate action. A copy of the petition shall be served with such notice of hearing. Any such notice of hearing may be amended or withdrawn by the service at any time prior to the commencement of the hearing and by the hearing officer after commencement and prior to the close of the hearing. The decision of the Director shall be final.

(c) If after investigation of the petition it appears to the service that there is no reasonable cause to believe that there exists a question whether a labor organization represents a majority of employees of the district in an appropriate unit, or if the service determines that the petition has not been filed in accordance with these regulations, it shall have the power with the approval of the Director to dismiss the petition without a hearing or approve the withdrawal of the 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 Sections 102.60-102.72.

HISTORY

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

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