99564. An employee organization may become the exclusive
representative for the employees of an appropriate unit for purposes
of meeting and conferring by filing a request with a transit district
employer alleging that a majority of the employees in an appropriate
unit wish to be represented by the organization and asking the
employer to recognize it as the exclusive representative. The request
shall describe the grouping of jobs or positions that constitute the
unit claimed to be appropriate and shall certify that proof of
majority support has been submitted to either the board or to a
mutually agreed upon third party. Notice of any such request shall
immediately be posted conspicuously on all employee bulletin boards
in each facility of the employer in which members of the unit claimed
to be appropriate are employed.
99564.1. The transit district employer shall grant a request for
recognition filed pursuant to Section 99564 except in one of the
following circumstances:
(a) The employer reasonably doubts that the employee organization
has majority support or reasonably doubts the appropriateness of the
requested unit. In that case the employer shall notify the board
which shall conduct a representation election pursuant to Section
99564.4 unless subdivision (c) or (d) applies.
(b) Another employee organization either files with the employer a
challenge to the appropriateness of the unit or submits a competing
claim of representation within 15 workdays of the posting of notice
of the written request. If the claim is evidenced by the support that
at least 30 percent of the members of the proposed unit, a question
of representation shall be deemed to exist and the board shall
conduct a representation election pursuant to Section 99564.4, or if
the claim is evidenced by the support of at least 10 percent of the
members of the proposed unit, the board shall conduct inquiries and
investigations or hold hearings that it deems necessary in order to
decide the questions raised by the claim and may conduct a
representation election pursuant to Section 99564.4. Evidence of that
support shall be submitted to either the board or to a mutually
agreed upon third party.
(c) There is currently in effect a lawful written memorandum of
understanding between the employer and another employee organization
recognized or certified as the exclusive representative of any
employees included in the unit described in the request for
recognition, unless the request for recognition is filed not more
than 120 days and not less than 90 days prior to the expiration date
of such memorandum of understanding. However, if a memorandum of
understanding has been in effect for three years or more, there shall
be no restriction as to the time of filing the request.
(d) Within the previous 12 months either another employee
organization has been lawfully recognized or certified as the
exclusive representative of any employees included in the unit
described in the request for recognition, or a majority of the votes
cast in a representation election held pursuant to Section 99564.4
were cast for "no representation."
99564.2. A petition may be filed with the board, in accordance with
its rules and regulations, requesting it to investigate and decide
the question of whether employees have selected or wish to select an
exclusive representative or to determine the appropriateness of a
unit, by one of the following:
(a) An employee organization alleging that it has filed a request
for recognition as an exclusive representative with an employer and
that the request has been denied or has not been acted upon within 30
days after the filing of the request.
(b) An employee organization alleging that it has filed a
competing claim of representation pursuant to subdivision (b) of
Section 99564.1.
(c) An employee organization wishing to be certified by the board
as the exclusive representative. The petition for certification as
the exclusive representative in an appropriate unit shall include
proof of a 30-percent showing of interest designating the
organization as the exclusive representative of the employees.
99564.3. A petition may be filed with the board, in accordance with
its rules and regulations, requesting it to investigate and decide
the question of whether the employees wish to decertify an exclusive
representative or to reconsider the appropriateness of a unit. The
petition may allege that the employees in an appropriate unit no
longer desire a particular employee organization as their exclusive
representative. The petition shall include proof of a 30-percent
showing of interest indicating support for another organization or
lack of support for the incumbent exclusive representative.
99564.4. (a) Upon receipt of a petition filed pursuant to Section
99564.2, the board shall conduct inquiries and investigations or hold
hearings as it deems necessary in order to decide the questions
raised by the petition. The determination of the board may be based
upon the evidence adduced in the inquiries, investigations, or
hearings. If the board finds on the basis of the evidence that a
question of representation exists, or a question of representation is
deemed to exist pursuant to subdivision (a) or (b) of Section
99564.1, it shall order that an election shall be conducted by secret
ballot placing on the ballot all employee organizations evidencing
support of at least 10 percent of the members of an appropriate unit,
and it shall certify the results of the election on the basis of
which ballot choice received a majority of the valid votes cast.
There shall be printed on the initial ballot the choice of "no
representation." If, at any election, no choice on the ballot
receives a majority of the votes cast, a runoff election shall be
conducted. The ballot for the runoff election shall provide for a
selection between the two choices receiving the largest and second
largest number of valid votes cast in the election.
(b) No election shall be held and the petition shall be dismissed
whenever either of the following exists:
(1) There is currently in effect a memorandum of understanding
between the employer and another employee organization recognized or
certified as the exclusive representative of any employees included
in the unit described in the petition, unless the petition is filed
not more than 120 days and not less than 90 days prior to the
expiration date of the memorandum. However, if the memorandum has
been in effect for three years or more, there shall be no restriction
as to time of filing the petition.
(2) Within the previous 12 months either an employee organization
other than the petitioner has been lawfully recognized or certified
as the exclusive representative of any employees included in the unit
described in the petition, or a majority of the votes cast in a
representation election held pursuant to subdivision (a) were cast
for "no representation."
99564.5. The employee organization recognized or certified as the
exclusive representative shall represent all employees in the unit,
fairly and impartially. A breach of this duty shall be deemed to have
occurred if the employee organization's conduct in representation is
arbitrary, discriminatory, or in bad faith.
99564. An employee organization may become the exclusive
representative for the employees of an appropriate unit for purposes
of meeting and conferring by filing a request with a transit district
employer alleging that a majority of the employees in an appropriate
unit wish to be represented by the organization and asking the
employer to recognize it as the exclusive representative. The request
shall describe the grouping of jobs or positions that constitute the
unit claimed to be appropriate and shall certify that proof of
majority support has been submitted to either the board or to a
mutually agreed upon third party. Notice of any such request shall
immediately be posted conspicuously on all employee bulletin boards
in each facility of the employer in which members of the unit claimed
to be appropriate are employed.
99564.1. The transit district employer shall grant a request for
recognition filed pursuant to Section 99564 except in one of the
following circumstances:
(a) The employer reasonably doubts that the employee organization
has majority support or reasonably doubts the appropriateness of the
requested unit. In that case the employer shall notify the board
which shall conduct a representation election pursuant to Section
99564.4 unless subdivision (c) or (d) applies.
(b) Another employee organization either files with the employer a
challenge to the appropriateness of the unit or submits a competing
claim of representation within 15 workdays of the posting of notice
of the written request. If the claim is evidenced by the support that
at least 30 percent of the members of the proposed unit, a question
of representation shall be deemed to exist and the board shall
conduct a representation election pursuant to Section 99564.4, or if
the claim is evidenced by the support of at least 10 percent of the
members of the proposed unit, the board shall conduct inquiries and
investigations or hold hearings that it deems necessary in order to
decide the questions raised by the claim and may conduct a
representation election pursuant to Section 99564.4. Evidence of that
support shall be submitted to either the board or to a mutually
agreed upon third party.
(c) There is currently in effect a lawful written memorandum of
understanding between the employer and another employee organization
recognized or certified as the exclusive representative of any
employees included in the unit described in the request for
recognition, unless the request for recognition is filed not more
than 120 days and not less than 90 days prior to the expiration date
of such memorandum of understanding. However, if a memorandum of
understanding has been in effect for three years or more, there shall
be no restriction as to the time of filing the request.
(d) Within the previous 12 months either another employee
organization has been lawfully recognized or certified as the
exclusive representative of any employees included in the unit
described in the request for recognition, or a majority of the votes
cast in a representation election held pursuant to Section 99564.4
were cast for "no representation."
99564.2. A petition may be filed with the board, in accordance with
its rules and regulations, requesting it to investigate and decide
the question of whether employees have selected or wish to select an
exclusive representative or to determine the appropriateness of a
unit, by one of the following:
(a) An employee organization alleging that it has filed a request
for recognition as an exclusive representative with an employer and
that the request has been denied or has not been acted upon within 30
days after the filing of the request.
(b) An employee organization alleging that it has filed a
competing claim of representation pursuant to subdivision (b) of
Section 99564.1.
(c) An employee organization wishing to be certified by the board
as the exclusive representative. The petition for certification as
the exclusive representative in an appropriate unit shall include
proof of a 30-percent showing of interest designating the
organization as the exclusive representative of the employees.
99564.3. A petition may be filed with the board, in accordance with
its rules and regulations, requesting it to investigate and decide
the question of whether the employees wish to decertify an exclusive
representative or to reconsider the appropriateness of a unit. The
petition may allege that the employees in an appropriate unit no
longer desire a particular employee organization as their exclusive
representative. The petition shall include proof of a 30-percent
showing of interest indicating support for another organization or
lack of support for the incumbent exclusive representative.
99564.4. (a) Upon receipt of a petition filed pursuant to Section
99564.2, the board shall conduct inquiries and investigations or hold
hearings as it deems necessary in order to decide the questions
raised by the petition. The determination of the board may be based
upon the evidence adduced in the inquiries, investigations, or
hearings. If the board finds on the basis of the evidence that a
question of representation exists, or a question of representation is
deemed to exist pursuant to subdivision (a) or (b) of Section
99564.1, it shall order that an election shall be conducted by secret
ballot placing on the ballot all employee organizations evidencing
support of at least 10 percent of the members of an appropriate unit,
and it shall certify the results of the election on the basis of
which ballot choice received a majority of the valid votes cast.
There shall be printed on the initial ballot the choice of "no
representation." If, at any election, no choice on the ballot
receives a majority of the votes cast, a runoff election shall be
conducted. The ballot for the runoff election shall provide for a
selection between the two choices receiving the largest and second
largest number of valid votes cast in the election.
(b) No election shall be held and the petition shall be dismissed
whenever either of the following exists:
(1) There is currently in effect a memorandum of understanding
between the employer and another employee organization recognized or
certified as the exclusive representative of any employees included
in the unit described in the petition, unless the petition is filed
not more than 120 days and not less than 90 days prior to the
expiration date of the memorandum. However, if the memorandum has
been in effect for three years or more, there shall be no restriction
as to time of filing the petition.
(2) Within the previous 12 months either an employee organization
other than the petitioner has been lawfully recognized or certified
as the exclusive representative of any employees included in the unit
described in the petition, or a majority of the votes cast in a
representation election held pursuant to subdivision (a) were cast
for "no representation."
99564.5. The employee organization recognized or certified as the
exclusive representative shall represent all employees in the unit,
fairly and impartially. A breach of this duty shall be deemed to have
occurred if the employee organization's conduct in representation is
arbitrary, discriminatory, or in bad faith.
99564. An employee organization may become the exclusive
representative for the employees of an appropriate unit for purposes
of meeting and conferring by filing a request with a transit district
employer alleging that a majority of the employees in an appropriate
unit wish to be represented by the organization and asking the
employer to recognize it as the exclusive representative. The request
shall describe the grouping of jobs or positions that constitute the
unit claimed to be appropriate and shall certify that proof of
majority support has been submitted to either the board or to a
mutually agreed upon third party. Notice of any such request shall
immediately be posted conspicuously on all employee bulletin boards
in each facility of the employer in which members of the unit claimed
to be appropriate are employed.
99564.1. The transit district employer shall grant a request for
recognition filed pursuant to Section 99564 except in one of the
following circumstances:
(a) The employer reasonably doubts that the employee organization
has majority support or reasonably doubts the appropriateness of the
requested unit. In that case the employer shall notify the board
which shall conduct a representation election pursuant to Section
99564.4 unless subdivision (c) or (d) applies.
(b) Another employee organization either files with the employer a
challenge to the appropriateness of the unit or submits a competing
claim of representation within 15 workdays of the posting of notice
of the written request. If the claim is evidenced by the support that
at least 30 percent of the members of the proposed unit, a question
of representation shall be deemed to exist and the board shall
conduct a representation election pursuant to Section 99564.4, or if
the claim is evidenced by the support of at least 10 percent of the
members of the proposed unit, the board shall conduct inquiries and
investigations or hold hearings that it deems necessary in order to
decide the questions raised by the claim and may conduct a
representation election pursuant to Section 99564.4. Evidence of that
support shall be submitted to either the board or to a mutually
agreed upon third party.
(c) There is currently in effect a lawful written memorandum of
understanding between the employer and another employee organization
recognized or certified as the exclusive representative of any
employees included in the unit described in the request for
recognition, unless the request for recognition is filed not more
than 120 days and not less than 90 days prior to the expiration date
of such memorandum of understanding. However, if a memorandum of
understanding has been in effect for three years or more, there shall
be no restriction as to the time of filing the request.
(d) Within the previous 12 months either another employee
organization has been lawfully recognized or certified as the
exclusive representative of any employees included in the unit
described in the request for recognition, or a majority of the votes
cast in a representation election held pursuant to Section 99564.4
were cast for "no representation."
99564.2. A petition may be filed with the board, in accordance with
its rules and regulations, requesting it to investigate and decide
the question of whether employees have selected or wish to select an
exclusive representative or to determine the appropriateness of a
unit, by one of the following:
(a) An employee organization alleging that it has filed a request
for recognition as an exclusive representative with an employer and
that the request has been denied or has not been acted upon within 30
days after the filing of the request.
(b) An employee organization alleging that it has filed a
competing claim of representation pursuant to subdivision (b) of
Section 99564.1.
(c) An employee organization wishing to be certified by the board
as the exclusive representative. The petition for certification as
the exclusive representative in an appropriate unit shall include
proof of a 30-percent showing of interest designating the
organization as the exclusive representative of the employees.
99564.3. A petition may be filed with the board, in accordance with
its rules and regulations, requesting it to investigate and decide
the question of whether the employees wish to decertify an exclusive
representative or to reconsider the appropriateness of a unit. The
petition may allege that the employees in an appropriate unit no
longer desire a particular employee organization as their exclusive
representative. The petition shall include proof of a 30-percent
showing of interest indicating support for another organization or
lack of support for the incumbent exclusive representative.
99564.4. (a) Upon receipt of a petition filed pursuant to Section
99564.2, the board shall conduct inquiries and investigations or hold
hearings as it deems necessary in order to decide the questions
raised by the petition. The determination of the board may be based
upon the evidence adduced in the inquiries, investigations, or
hearings. If the board finds on the basis of the evidence that a
question of representation exists, or a question of representation is
deemed to exist pursuant to subdivision (a) or (b) of Section
99564.1, it shall order that an election shall be conducted by secret
ballot placing on the ballot all employee organizations evidencing
support of at least 10 percent of the members of an appropriate unit,
and it shall certify the results of the election on the basis of
which ballot choice received a majority of the valid votes cast.
There shall be printed on the initial ballot the choice of "no
representation." If, at any election, no choice on the ballot
receives a majority of the votes cast, a runoff election shall be
conducted. The ballot for the runoff election shall provide for a
selection between the two choices receiving the largest and second
largest number of valid votes cast in the election.
(b) No election shall be held and the petition shall be dismissed
whenever either of the following exists:
(1) There is currently in effect a memorandum of understanding
between the employer and another employee organization recognized or
certified as the exclusive representative of any employees included
in the unit described in the petition, unless the petition is filed
not more than 120 days and not less than 90 days prior to the
expiration date of the memorandum. However, if the memorandum has
been in effect for three years or more, there shall be no restriction
as to time of filing the petition.
(2) Within the previous 12 months either an employee organization
other than the petitioner has been lawfully recognized or certified
as the exclusive representative of any employees included in the unit
described in the petition, or a majority of the votes cast in a
representation election held pursuant to subdivision (a) were cast
for "no representation."
99564.5. The employee organization recognized or certified as the
exclusive representative shall represent all employees in the unit,
fairly and impartially. A breach of this duty shall be deemed to have
occurred if the employee organization's conduct in representation is
arbitrary, discriminatory, or in bad faith.
