Cal. Code Regs. Tit. 8, § 20377 - Elections Under Strike Circumstances

(a) Where a petition for certification alleges that a majority of employees are engaged in a strike at the time of the filing, the regional director shall conduct an administrative investigation to determine whether such a majority exists, and shall notify the parties of the regional director's determination. Where the regional director determines that a majority of employees in the bargaining unit were on strike at the time of filing, the regional director shall exercise all due diligence in attempting to hold an election within 48 hours of the filing; however, this shall not be construed to require that an election be held in 48 hours. The holding of elections under strike circumstances takes precedence over the holding of other elections.

(b) The procedures set forth in Chapter 3 of these regulations shall apply to the conduct of elections under this section insofar as is practicable under strike circumstances. The regional director shall have authority to establish reasonable procedures for the conduct of expedited elections under strike circumstances. In particular, upon notice to and consultation with the parties, the regional director may establish procedures for expediting the receipt of information necessary to evaluate showing of interest and timeliness of the petition pursuant to Labor Code section 1156.4, and may reasonably shorten deadlines specified in sections 20300(i)(2) and (i)(4)(A), 20310(d), 20325(e), and 20350(d).

(c) Any party who contends that a 48-hour election is improper shall notify the regional director of its contention and shall submit evidence in the form of written declarations under penalty of perjury supporting the contention and the manner in which the party would be prejudiced. The notification and submission of evidence must be made prior to the pre-election conference. Absent such notice, the regional director's determination shall not be reviewable in post-election objections under section 20365.

Notes

Cal. Code Regs. Tit. 8, § 20377

1. New section filed 1-26-79; effective thirtieth day thereafter (Register 79, No. 4).
2. Amendment of section and NOTE filed 8-29-2023; operative 10/1/2023 (Register 2023, No. 35).

Note: Authority cited: Section 1144, Labor Code. Reference: Section 1156.3, Labor Code.

1. New section filed 1-26-79; effective thirtieth day thereafter (Register 79, No. 4).
2. Amendment of section and NOTE filed 8-29-2023; operative 10/1/2023 (Register 2023, No. 35).