4 Tex. Admin. Code § 8.5 - Designated Representative
(a)
Representative designated by written authorization. A designated representative
is an individual or organization to whom an agricultural laborer gives written
authorization to exercise the laborer's rights under the Act and this
chapter.
(b) Recognized or
certified representatives.
(1) Certified
collective bargaining agent. A certified collective bargaining agent is a
person or unit that has been sanctioned by a governmental body to represent
agricultural laborers in matters of wages and working conditions. A certified
collective bargaining agent is not required to have written authorization from
the agricultural laborer who the certified collective bargaining agent
represents.
(2) Recognized
collective bargaining agent. A recognized collective bargaining agent is a
person or unit that has been acknowledged in a collective bargaining contract
between an employer and an agricultural laborer. A recognized collective
bargaining agent is not required to have a written authorization from the
agricultural laborer who the recognized collective bargaining agent represents
in order to exercise the laborer's rights under the Act .
(3) Certified designated representative. A
certified designated representative is a person who has been approved for
certification by the department . In order to become a certified designated
representative, an individual or organization shall submit a request for
certification as a designated representative to the department . The request
shall include the requester's name and address, the name of the agricultural
laborer's employer, the address of the agricultural laborer's employer, if
known, and a description of which of the laborer rights under the Act the
designated representative intends to exercise. The laborer's written
authorization shall be attached to the request and processed by the department
as follows:
(A) The department shall review
the request and determine whether to accept or reject it within two business
days after receipt. If the department determines that the request fulfills the
requirements of the Act and this chapter, the department shall certify the
requester as a designated representative. The designated representative remains
certified until the agricultural laborer notifies the department that the
agricultural laborer has withdrawn authorization. If the department rejects the
request, the department shall notify the requester of the decision and give a
statement of the reasons for the rejection. A person whose request has been
rejected may attempt to address the reasons for rejection and ask that the
request be reconsidered. Alternatively, the requester may appeal the rejection
to the commissioner. A person not satisfied with the decision of the
commissioner may appeal in the manner provided for contested cases under the
Texas Administrative Procedure Act, Texas Government Code, Chapter
2001.
(B) A certified designated
representative is not required to reveal to anyone other than the department
the identity of the agricultural laborer represented. The department shall
maintain the laborer's anonymity, unless the laborer waives it.
(C) A covered employer shall recognize a
requester as a designated representative after receiving notice of
certification by the department .
Notes
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