Section 99564.4 Of Article 5. Employee Organizations: Representation, Recognition, Certification, And Decertification From California Public Utilities Code >> Division 10. >> Part 11. >> Chapter 7. >> Article 5.
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."