Cal. Code Regs. Tit. 8, § 20325 - Intervention
(a) Subject to
the provisions of Labor Code Section
1156.3(b),
any labor organization which seeks to intervene in an election proceeding based
on a petition filed under Labor Code Section
1156.3(a)
must file with the regional office of the Board in which the petition is being
processed a written petition for intervention. In order to be filed, an
intervention petition must be accompanied by proof of service of the
intervention petition on the employer and on the original petitioner. Service
of an intervention petition shall be in accordance with the provisions of
Section
20300(f)
of these regulations. Upon the filing of an intervention petition, the regional
director shall notify the employer and petitioner that an intervention petition
has been filed.
(b) A petition for
intervention shall include:
(1) the name and
address of the intervening union and its affiliation, if any;
(2) the name and telephone number of a
representative of the intervenor authorized to make agreements with the Board
and the parties and to accept service of papers; and
(3) a statement of what language or languages
other than English or Spanish are required for the election, if any.
(c) If the intervenor contends
that the geographical scope of the unit sought in the election petition is
incorrect or challenges any of the allegations in the petition made pursuant to
Labor Code Section
1156.3(a),
the intervenor shall raise these contentions in the petition for
intervention.
(d) The petition
shall also be accompanied by evidence of employee support for the intervention
by at least 20 percent of the employees in the bargaining unit. The regional
director shall determine administratively whether there exists an adequate
showing of employee support to permit intervention. If the regional director
determines that the showing of interest is inadequate, the deficiency may be
corrected up to 24 hours prior to the time of the election. Sections
20300(j)(4)
and (5) with respect to challenges to showing
of interest and reviewability of the regional director's determination on
showing of interest shall be applicable also to showing of interest by an
intervenor.
(e) In computing the
24-hour period for intervention provided for in Labor Code Section
1156.3(b)
and the 24-hour period permitted for correcting deficiencies in showing of
interest as provided by subsection (d) above, Sundays and legal holidays shall
be excluded. If the time for filing an intervention petition elapses at a time
when the regional office is closed, such petition may be timely filed during
the first hour of business on the next business day. When any election is
scheduled prior to the opening of business on a Monday or on the day following
a legal holiday, a potential intervenor shall notify the regional director of
its intention to intervene during regular business hours, and the regional
director shall make arrangements to receive the petition at a reasonable hour
no later than 24 hours prior to the opening of the polls.
(f) Any labor organization which, prior to
the pre-election conference, files with the appropriate regional office a
written statement of intention to intervene in a particular election but has
not yet filed its intervention petition accompanied by an adequate showing of
interest, may send one representative to a pre-election conference which may
take place before the period for intervention expires.
Notes
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