Section 70122 Of Chapter 4. Labor Provisions From California Public Utilities Code >> Division 10. >> Part 7. >> Chapter 4.
70122
. If there is a question whether a labor organization
represents a majority of employees or whether the proposed unit is or
is not appropriate, such matters shall be submitted to the State
Conciliation Service for disposition. The State Conciliation 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, the conduct of hearings and elections, the State
Conciliation Service shall be guided by relevant federal law and
administrative practice, developed under the Labor-Management
Relations Act, 1947, as presently amended.
The State Conciliation 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
bargaining unit exists until the lapse of one year from the date of
certification or the expiration of any collective bargaining
agreement, whichever is later; provided, that no collective
bargaining agreement shall be construed to be a bar to representation
proceedings for a period of more than two years.