Section 99564.1 Of Article 5. Employee Organizations: Representation, Recognition, Certification, And Decertification From California Public Utilities Code >> Division 10. >> Part 11. >> Chapter 7. >> Article 5.
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."