Sec. 93015 - Percentage of Valid Authorizations Required to Determine Existence of a Representation Dispute

ยง 93015. 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 by the individual employee. No authorizations will be accepted which bear a date more than six months before the date of the petition.

(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 SMCS 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 SMCS-certification, it shall be necessary to submit authorization or membership applications only for that portion of the proposed unit attributable to such accretion.

(1. Renumbering of former section 15815 to new section 93015, including amendment of section and Note, filed 3-18-2013; operative 7-1-2013 (Register 2013, No. 12).)

Note: Authority cited: Sections 3541.3(g) and 3603, Government Code; and Sections 30751, 40122, 70122, 90300, 98162.5, 100301,101344, 102403, 103401, 120505 and 125521, Appendix 1, Section 4.4, and Appendix 2, Section 13.91, Public Utilities Code. Reference: Sections 4.4, 13.91,25052, 28851, 30751, 40122, 50121, 70122, 90300, 95651, 98162.5, 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.

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