1156.3
. (a) A petition that is either signed by, or accompanied by
authorization cards signed by, a majority of the currently employed
employees in the bargaining unit may be filed by an agricultural
employee or group of agricultural employees, or any individual or
labor organization acting on behalf of those agricultural employees,
in accordance with any rules and regulations prescribed by the board.
The petition shall allege all of the following:
(1) That the number of agricultural employees currently employed
by the employer named in the petition, as determined from the
employer's payroll immediately preceding the filing of the petition,
is not less than 50 percent of the employer's peak agricultural
employment for the current calendar year.
(2) That no valid election pursuant to this section has been
conducted among the agricultural employees of the employer named in
the petition within the 12 months immediately preceding the filing of
the petition.
(3) That no labor organization is currently certified as the
exclusive collective bargaining representative of the agricultural
employees of the employer named in the petition.
(4) That the petition is not barred by an existing collective
bargaining agreement.
(b) Upon receipt of a signed petition, as described in subdivision
(a), the board shall immediately investigate the petition. If the
board has reasonable cause to believe that a bona fide question of
representation exists, it shall direct a representation election by
secret ballot to be held, upon due notice to all interested parties
and within a maximum of seven days of the filing of the petition. If,
at the time the election petition is filed, a majority of the
employees in a bargaining unit are engaged in a strike, the board
shall, with all due diligence, attempt to hold a secret ballot
election within 48 hours of the filing of the petition. The holding
of elections under strike circumstances shall take precedence over
the holding of other secret ballot elections.
(c) The board shall make available at any election held under this
chapter ballots printed in English and Spanish. The board may also
make available at the election ballots printed in any other language
as may be requested by an agricultural labor organization or any
agricultural employee eligible to vote under this part. Every
election ballot, except ballots in runoff elections where the choice
is between labor organizations, shall provide the employee with the
opportunity to vote against representation by a labor organization by
providing an appropriate space designated "No Labor Organizations."
(d) Any other labor organization shall be qualified to appear on
the ballot if it presents authorization cards signed by at least 20
percent of the employees in the bargaining unit at least 24 hours
prior to the election.
(e) (1) Within five days after an election, any person may file
with the board a signed petition asserting that allegations made in
the petition filed pursuant to subdivision (a) were incorrect,
asserting that the board improperly determined the geographical scope
of the bargaining unit, or objecting to the conduct of the election
or conduct affecting the results of the election.
(2) Upon receipt of a petition under this subdivision, the board,
upon due notice, shall conduct a hearing to determine whether the
election shall be certified. This hearing may be conducted by an
officer or employee of a regional office of the board. The officer
may not make any recommendations with respect to the certification of
the election. The board may refuse to certify the election if it
finds, on the record of the hearing, that any of the assertions made
in the petition filed pursuant to this subdivision are correct, that
the election was not conducted properly, or that misconduct affecting
the results of the election occurred. The board shall certify the
election unless it determines that there are sufficient grounds to
refuse to do so.
(f) Notwithstanding any other provision of law, if the board
refuses to certify an election because of employer misconduct that,
in addition to affecting the results of the election, would render
slight the chances of a new election reflecting the free and fair
choice of employees, the labor organization shall be certified as the
exclusive bargaining representative for the bargaining unit.
(g) If no petition is filed pursuant to subdivision (e) within
five days of the election, the board shall certify the election.
(h) The board shall decertify a labor organization if either of
the following occur:
(1) The Department of Fair Employment and Housing finds that the
labor organization engaged in discrimination on any basis listed in
subdivision (a) of Section 12940 of the Government Code, as those
bases are defined in Sections 12926 and 12926.1 of the Government
Code, except as otherwise provided in Section 12940 of the Government
Code.
(2) The United States Equal Employment Opportunity Commission
finds, pursuant to Section 2000e-5 of Title 42 of the United States
Code, that the labor organization engaged in discrimination on the
basis of race, color, national origin, religion, sex, or any other
arbitrary or invidious classification in violation of Subchapter VI
of Chapter 21 of Title 42 of the United States Code during the period
of the labor organization's present certification.
(i) (1) With regard to elections held pursuant to this section or
Section 1156.7, the following time limits apply for action by the
board, and agents acting pursuant to authority delegated by the
board:
(A) (i) The board shall, within 21 days of the filing of election
objections or the submittal of evidence in support of challenges to
ballots, evaluate the election objections or challenged ballots and
issue a decision determining which, if any, must be set for hearing.
(ii) The hearing on election objections or challenged ballots set
pursuant to clause (i) shall be scheduled to commence within 28 days
of the date of the board's decision to set a hearing.
(B) The investigative hearing examiner (IHE) appointed pursuant to
Section 1145 shall issue a recommended decision within 60 days of
the close of the hearing on the matters described in subparagraph
(A). Upon mutual agreement of the parties, the IHE may extend the
time period to issue a recommended decision by 30 days.
(C) The board shall issue a decision regarding the election
objections or challenged ballots within 45 days of receipt of any
exceptions to the decision of the IHE.
(2) The board may consolidate a challenged ballot hearing with a
hearing on objections to an election.
(3) The board may grant extensions on the time limits specified in
this subdivision upon a showing of good cause or by stipulation of
all affected parties.