Section 1156.7 Of Chapter 5. Labor Representatives And Elections From California Labor Code >> Division 2. >> Part 3.5. >> Chapter 5.
1156.7
. (a) No collective-bargaining agreement executed prior to
the effective date of this chapter shall bar a petition for an
election.
(b) A collective-bargaining agreement executed by an employer and
a labor organization certified as the exclusive bargaining
representative of his employees pursuant to this chapter shall be a
bar to a petition for an election among such employees for the term
of the agreement, but in any event such bar shall not exceed three
years, provided that both the following conditions are met:
(1) The agreement is in writing and executed by all parties
thereto.
(2) It incorporates the substantive terms and conditions of
employment of such employees.
(c) Upon the filing with the board by an employee or group of
employees of a petition signed by 30 percent or more of the
agricultural employees in a bargaining unit represented by a
certified labor organization which is a party to a valid
collective-bargaining agreement, requesting that such labor
organization be decertified, the board shall conduct an election by
secret ballot pursuant to the applicable provisions of this chapter,
and shall certify the results to such labor organization and
employer.
However, such a petition shall not be deemed timely unless it is
filed during the year preceding the expiration of a
collective-bargaining agreement which would otherwise bar the holding
of an election, and when the number of agricultural employees is not
less than 50 percent of the employer's peak agricultural employment
for the current calendar year.
(d) Upon the filing with the board of a signed petition by an
agricultural employee or group of agricultural employees, or any
individual or labor organization acting in their behalf, accompanied
by authorization cards signed by a majority of the employees in an
appropriate bargaining unit, and alleging all the conditions of
paragraphs (1), (2), and (3), the board shall immediately investigate
such petition and, if it has reasonable cause to believe that a bona
fide question of representation exists, it shall direct an election
by secret ballot pursuant to the applicable provisions of this
chapter:
(1) That the number of agricultural employees currently employed
by the employer named in the petition, as determined from his payroll
immediately preceding the filing of the petition, is not less than
50 percent of his 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
thereof.
(3) That a labor organization, certified for an appropriate unit,
has a collective-bargaining agreement with the employer which would
otherwise bar the holding of an election and that this agreement will
expire within the next 12 months.