Section 120505 Of Article 1. Employees Relations From California Public Utilities Code >> Division 11. >> Chapter 5. >> Article 1.
120505
. If there is a question of whether a labor organization
represents a majority of employees or whether the proposed unit is
the appropriate unit for collective bargaining, the question shall be
submitted to the State Conciliation Service for disposition. The
service shall promptly hold a public hearing, after due notice to all
interested parties, and shall thereupon determine the unit
appropriate for the purposes of collective bargaining. In making such
determination and in establishing rules and regulations governing
petitions and the conduct of hearings and elections, the service
shall be guided by relevant federal law and administrative practice
developed under the Labor Management Relations Act, 1947, as amended.
The service shall provide for an election to determine the
question of representation and shall certify the results to the
parties. Any certification of a labor organization to represent or
act for the employees in any collective-bargaining unit shall not be
subject to challenge on the grounds that a new substantial question
of representation within such collective unit exists until the lapse
of one year from the date of certification or the expiration of any
collective-bargaining agreement, whichever is later, except that no
collective-bargaining agreement shall be construed to be a bar to
representation proceedings for a period of more than two years.