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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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§15870. Election Procedures.

(a) All elections shall be conducted by the service and shall be by secret ballot. Whenever two or more labor organizations are included as choices in an election, any participant, upon its prompt request to and approval thereof by the director, whose decision shall be final, may have its name removed from the ballot. Provided, however, that in a proceeding involving a district-filed petition or a petition for decertification, the labor organization certified, currently recognized or found to be seeking recognition may not have its name removed from the ballot without timely notice in writing to all parties and to the service disclaiming any representation interest among the employees in the unit.

Any party may be represented by observers of its own selection, subject to such limitations as the service may prescribe. Any party and any agent or representative of the service may challenge for good cause the eligibility of any person to participate in the election. Each challenged ballot shall be impounded. Upon the conclusion of the election the service shall cause a tally of the ballots to be furnished to each party. Within five days thereafter any party may file with the service two copies of objections to the conduct of the election or conduct affecting the results of the election, which shall contain a short statement of the reasons for the objections. The objecting party shall immediately serve a copy of such objections upon each other party and file with the service proof of service and shall, upon request, promptly furnish evidence available to it to support the objections.

(b) If (1) no objections are filed within the time specified in subsection (a) above, and (2) any challenged ballots are insufficient in number to affect the results of the election, and (3) no runoff election is to be held pursuant to Section 15875 below, the service shall forthwith issue to the parties a certification of the results of the election, including certification of representatives where appropriate; and the proceeding will thereupon be closed.

(c) If objections are filed to the conduct of the election or conduct affecting the results of the election, or if the challenged ballots are sufficient in number to affect the results of the election, the service or Director shall investigate such objections or challenges, or both, and shall prepare and cause to be served upon the parties a report on such objections or challenged ballots, or both. If a consent election has been held where a hearing was waived and a consent election leading to a determination by the Director of the facts ascertained after such consent election, the service or Director shall prepare and cause to be served on the parties a report on challenged ballots or objections or both. Within 10 days from the date of issuance of the report on such objections or challenged ballots, or within such additional period as the service may allow upon written application for extension made within such 10-day period, any party may file with the service two copies of exceptions to such report. Immediately upon the filing of such exceptions, the filing party shall cause a copy thereof to be served upon each of the other parties, and proof thereof shall be promptly filed with the service. If no exceptions are filed to such report within the time permitted, the Director may issue his written decision in conformity with such report, as to the validity of such objections or challenges or may make other disposition of the case based on an administrative investigation or in the exercise of his reasonable discretion, and the service shall thereupon promptly act to close the proceeding in accordance with such decision.

(d) If exceptions are filed, either to the report or challenged ballots or objections, or both if it be a consolidated report, the director shall appoint a hearing officer to examine the exceptions and make recommendations. If it appears to the hearing officer that such exceptions do not raise substantial and material factual issues with respect to the conduct of the election or conduct affecting the results of the elections, he may make his written recommendations to the director forthwith, and shall immediately serve copies of said recommendations upon the parties. Within 10 days from the date of issuance of the aforesaid recommendations, or within such additional period as the director may allow upon written application for extension made within the 10-day period, any party may file with the director two copies of exceptions to the hearing officer's recommendations. Immediately upon the filing of such exceptions, the filing party shall cause a copy to be served upon each of the other parties and proof thereof shall be promptly filed with the director.

(e) If it appears to the hearing officer that any exceptions filed to the report of the service on challenged ballots or objections raise substantial and material factual issues, he shall cause to be served upon the parties a notice of hearing on said exceptions, which notice shall be given at least 10 days in advance of the date specified for the hearing. The hearing shall be conducted by the hearing officer in accordance with the provisions of Sections 15830, 15840, 15845, and 15850 insofar as applicable. Upon the close of the hearing, the hearing officer shall prepare and deliver to the director a written report resolving questions of credibility and containing findings of fact and recommendations to the director as to the disposition of the challenges or objections, or both if it be a consolidated report. Said report--together with (1) the notice of hearing, (2) motions, (3) rulings, (4) orders, (5) stenographic report of the hearing, (6) stipulations, (7) exceptions, (8) documentary evidence and briefs, (9) objections to the conduct of the election or conduct affecting the results of the election, (10) the report of the service on such objections, (11) the report of the service on challenged ballots, (12) exceptions to the report of the service on objections or to the report on challenged ballots, and (13) the record previously made--shall constitute the record in the case. A copy of the hearing officer's report shall immediately be served upon each of the parties, where-upon any of the parties may file exceptions to said report within the same time limitations and requirements as to service, and proof thereof, as are provided for in the case of exceptions filed under subsection (d) of this section.

(f) After the period for the filing of exceptions under subsection (d) or (e), as the case may be, has expired the director shall issue his written decision and cause copies thereof to be served upon the parties. If the hearing officer has issued recommendations under subsection (d), finding that the exceptions to the report of the service do not raise substantial and material factual issues, and exceptions to such recommendations have been filed, and after consideration of such exceptions the director shall decide that the exceptions to the report of the service do raise substantial and material factual issues, he shall direct the hearing officer to issue a notice of hearing, whereupon the procedures for a hearing and the issuance of the hearing officer's report provided for in subsection (e) of this section (including the provision for filing exceptions to the hearing officer's report) shall be followed. The director may adopt the recommendations of the hearing officer issued under subsection (d) or the report of the hearing officer issued under subsection (e) as his own. The service shall thereafter promptly proceed to take such action as may be called for by the decision of the director, after which the proceedings will be closed.

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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