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(c) Petition for clarification of an existing bargaining unit or petition for amendment of certification. A petition for clarification of an existing bargaining unit or a petition for amendment of certification, in the absence of a question concerning representation, is a petition which would arise under Section 9(b) of the Labor-Management Relations Act. It may be filed by a labor organization or by a district and shall be filed with the service as set forth in (a).




Note: Authority and reference cited: Section 54, Labor Code; and Sections 4.4, 13.91, 25052, 28851, 30751, 40122, 50121, 70122, 90300b, 95651, 100301, 101344, 102403, 103401, 102505, and 125521, Public Utilities Code. Additional reference: Labor-Management Relations Act, 1947, Section 9, 29 USC Section 159; 29 CFR Section 102.60-102.72.









s 15810. Form of Petition.
(a) Petitions shall be in writing and signed, and shall be sworn to before a notary public or other person duly authorized by law to administer oaths and take acknowledgements. Five copies shall be filed.
(b) A petition shall contain the following:
(1) The name and address of the district, of responsible members, and of the establishments involved.
(2) The general nature of the district's business.
(3) A description of the bargaining unit which the petitioner claims to be appropriate.
(4) The names and addresses of any other labor organization which claims to represent any employees in the alleged or the certified appropriate unit, and brief descriptions of the contract or contracts, if any, covering the employees in such unit and the expiration date of such contract(s).
(5) The number of employees in the alleged appropriate unit.

(6) The name, affiliation (if any), and address of the petitioner (state if petitioner is the district).
(7) Any other relevant facts.
(c) In addition, a petition for certification, when filed by an employee or group of employees or an individual or labor organization acting in their behalf, shall also contain:
(1) A statement that the district declines to recognize the petitioner as the representative within the meaning of Section 9(a) of the Labor-Management Relations Act or that the labor organization is currently recognized but desires certification.
(2) Whether a strike or picketing is in progress at the establishment involved, and if so, the approximate number of employees participating, and the date such strike or picketing commenced.
(d) In addition, a petition for certification, when filed by a district, shall also contain:

(1) A brief statement setting forth that one or more individuals or labor organizations have presented to the petitioner a claim to be recognized as the exclusive representative of all employees in the unit claimed to be appropriate; a description of such unit; and the number of employees in the unit (if different from (b)(3) or (b)(4)).
(2) The name or names, affiliation if any, and addresses of the individuals or labor organizations making such claim for recognition (if different from (b)(4)).
(3) A statement whether the petitioner has contracts with any labor organization or other representatives of employees and if so, their expiration date.
(4) Whether a strike or picketing is in progress at the establishment involved and, if so, the approximate number of employees participating, and the date such strike or picketing commenced.
(e) In addition, a petition for decertification shall also contain:
(1) Name or names of the individuals or labor organizations who have been certified or are being currently recognized by the district and who claim to represent any employees in the unit involved, and the expiration date of any contracts covering such employees (if different from (b)(4)).
(2) An allegation that the individuals or labor organizations who have been certified or are currently recognized by the employer are no longer the representative in the appropriate unit as defined in Section 9(a) of the Labor Management Relations Act.
(3) Whether a strike or picketing is in progress at the establishment involved, and, if so, the approximate number of employees participating, and the date such strike or picketing commenced.
(f) In addition, a petition for clarification shall also contain:
(1) The name of the recognized or certified bargaining representative (if different from (b)(4)).
(2) If the bargaining unit is certified, an identification of the existing certification.

(3) A description of the proposed clarification.
(4) The number of employees in the unit as proposed under the clarification.
(5) The job classifications of employees as to whom the issue is raised, and the number of employees in each classification.
(6) A statement by petitioner setting forth reasons why petitioner desires clarification of unit.
(g) In addition, a petition for amendment of certification shall also contain:
(1) The name of the certified union involved.
(2) Identification and description of the existing certification.
(3) A statement by petitioner setting forth the details of the desired amendment and reasons therefor.
(h) Immediately upon filing, a copy of said petition shall be served by the service upon the district and upon any known labor organization purporting to act as representative of any employee directly affected by such petition.




Note: Authority and reference cited: Section 54, Labor Code; and Sections 4.4, 13.91, 25052, 28851, 30751, 40122, 50121, 70122, 90300b, 95651, 100301, 101344, 102403, 103401, 120505 and 125521, Public Utilities Code. Additional reference: Labor Management Relations Act, 1947, Section 9, 29 USC Section 159; 29 CFR Section 102.60-102.72.









s 15815. Percentage of Valid Authorizations Required to Determine Existence of a Representation Dispute.
(a) No question concerning representation shall be deemed to exist unless the labor organization raising such question by petition shall make a showing of proved authorizations or membership of at least 30 percent of the employees in the proposed unit. Authorization must be signed and dated in the employees' own handwriting or witnessed mark. No authorizations will be accepted which bear a date more than six months before the date of the petition for investigation.
(b) In lieu of the submission of signed authorization or membership applications, an adequate showing of interest may be demonstrated by submission of proof satisfactory to the service that
(1) The petitioner held a contract covering employees in a utility or facility at the time of its acquisition by the district;
(2) And the district assumed such collective bargaining agreement pursuant to the provisions of any contract of acquisition or the terms of the act;
(3) And the proposed unit is identical with the unit established in such collective bargaining agreement.
(c) In the event a petition seeks to add a group of employees not covered by an existing service-certification, it shall be necessary to submit authorization or membership applications only for that portion of the proposed unit attributable to such accretion.




Note: Authority and reference cited: Section 54, Labor Code; and Sections 4.4, 13.91, 25052, 28851, 30751, 40122, 50121, 70122, 90300b, 95651, 100301, 101344, 102403, 103401, 102505, and 125521, Public Utilities Code. Additional reference: Labor Management Relations Act, 1947, Section 9, 29 USC Section 159; 29 CFR Section 102.60-102.72.









s 15820. Consent Election Agreements.
Where a petition has been duly filed, the district and any individuals or labor organization representing a substantial number of employees involved may, with the approval of the service, enter into a consent election agreement leading to a determination by the Director of facts ascertained after such consent election or may enter into an agreement providing for a waiver of hearing and a consent election leading to a determination by the facts ascertained after such consent election, if such a determination is necessary. Such agreement shall include a description of the appropriate unit, the time and place of holding the election, and the payroll to be used in determining what employees within the appropriate unit shall be eligible to vote. Such consent election shall be conducted under the direction and supervision of the service and in accordance with Sections 15870 and 15875 below. The service shall issue to the parties a certification of the results of the election, including a certification of representatives where appropriate.




Note: Authority and reference cited: Section 54, Labor Code; and Sections 4.4, 13.91, 25052, 28851, 30751, 40122, 50121, 70122, 90300b, 95651, 100301, 101344, 102403, 103401, 120505 and 125521, Public Utilities Code. Additional reference: Labor Management Relations Act, 1947, Section 9, 29 USC Section 159; 29 CFR Sections 102.60-102.72.









s 15825. Investigation of Petition by Service.
(a) After a petition has been filed under Section 15805(a) or (b), if no agreement for a consent election is entered into and if it appears to be service that there is reasonable cause to believe that a question of representation exists, that the policies of the act will be effectuated, and that an election will reflect the free choice of the employees on the appropriate unit, the service shall serve upon the petitioner, the district, any known individuals or labor organizations purporting to act as the representative of any employees directly affected by such investigation and any other parties a notice of hearing before a hearing officer at a time and place fixed therein, which notice shall be given at least 10 days in advance of the date specified for the hearing. A copy of the petition shall be served with such notice of hearing. Any such notice of hearing may be amended or withdrawn by the service at any time prior to the close of the hearing. When more than one petition has been filed involving all or part of the same group of employees, or otherwise raising common issues, the service may, on the motion of any of the parties, or on its own motion, order that said petitions be consolidated for the purpose of hearing and decision.
(b) After a petition has been filed under Section 15805(c), the service shall conduct an investigation and, as appropriate, may issue a decision with the approval of the Director without a hearing; or prepare and cause to be served upon the petitioner, the district, any known individuals or labor organizations purporting to act as representatives of any employees directly affected by such an investigation and any other parties, a notice of hearing before a hearing officer at a time and place fixed or take other appropriate action. A copy of the petition shall be served with such notice of hearing. Any such notice of hearing may be amended or withdrawn by the service at any time prior to the commencement of the hearing and by the hearing officer after commencement and prior to the close of the hearing. The decision of the Director shall be final.
(c) If after investigation of the petition it appears to the service that there is no reasonable cause to believe that there exists a question whether a labor organization represents a majority of employees of the district in an appropriate unit, or if the service determines that the petition has not been filed in accordance with these regulations, it shall have the power with the approval of the Director to dismiss the petition without a hearing or approve the withdrawal of the petition.




Note: Authority and reference cited: Section 54, Labor Code; and Sections 4.4, 13.91, 25052, 28851, 30751, 40122, 50121, 70122, 90300b, 95651, 100301, 101344 102403, 103401, 120505 and 125521, Public Utilities Code. Additional reference: Labor Management Relations Act, 1947, Section 9, 29 USC Section 159; 29 CFR Sections 102.60-102.72.









s 15830. Conduct of Hearings.
(a) Hearings shall be conducted by a hearing officer appointed by the Director and shall be open to the public unless otherwise ordered by the hearing officer. It shall be the duty of the hearing officer to inquire fully into all matters in issue and necessary to obtain a full and complete record upon which the service or the Director may discharge their duties under Section 25052 of the Public Utilities Code with respect to the Alameda-Contra Costa Transit District. Section 4.4 of the Public Utilities Code with respect to the Fresno Metropolitan Transit District, Section 101344 of the Public Utilities Code with respect to the Greater Bakersfield Metropolitan Transit District, Section 70122 of the Public Utilities Code with respect to the Marin County Transit District, Section 125521 with respect to the North San Diego County Transit Development Board, Section 40122 of the Public Utilities Code with respect to the Orange County Transit District, Section 102403 of the Public Utilities Code with respect to the Sacramento Regional Transit District, Section 90300(b) of the Public Utilities Code with respect to the San Diego County Transit District, Section 120505 of the Public Utilities Code with respect to the San Diego Metropolitan Development Board, Section 28851 of the Public Utilities Code with respect to the San Francisco Bay Area Transit District, Section 103401 with respect to the San Mateo County Transit District, Section 95651 of the Public Utilities Code with respect to the Santa Barbara Metropolitan Transit District, Section 100301 of the Public Utilities Code with respect to the Santa Clara County Transit District, Section 30751 of the Public Utilities Code with respect to the Southern California Rapid Transit District, Section 50121 of the Public Utilities Code with respect to the Stockton Metropolitan Transit District, and Section 13.91 of the Public Utilities Code with respect to the West Bay Rapid Transit Company. At any time a hearing officer may be substituted by the Director for a hearing officer previously presiding.
(b) The hearing officer may, in his discretion, continue the hearing from day to day, or adjourn it to a later date or to a different place, by announcement thereof at a hearing or by other appropriate notice.
(c) All motions, including motions for intervention pursuant to Section 15835 below, shall be in writing, or if made at the hearing may be stated orally on the record, and all briefly state the action or relief sought and the grounds for such motion. An original and one copy of written motions shall be filed and a copy thereof shall immediately be served by the moving party upon each of the other parties to the proceeding. Motions made prior to the hearing shall be filed with the service, and written motions made during the hearing shall be filed with the hearing officer. After the close of the hearing all motions shall be filed with the service. The director may rule upon all motions filed with the service, causing a copy of his ruling to be served upon each of the parties, or in the case of motions filed prior to the hearing he may refer the motion to the hearing officer. The hearing officer shall rule either orally on the record or in writing upon all motions filed at the hearing or referred to him as above provided, except that he shall refer to the director for appropriate action, at such time as the director considers the entire record, all motions to dismiss a petition.




Note: Authority and reference cited: Section 54, Labor Code; and Sections 4.4, 13.91, 25052, 28851, 30751, 40122, 50121, 70122, 90300b, 95651, 100301, 101344, 102403, 103401, 120505 and 125521, Public Utilities Code. Additional reference: Labor Management Relations Act, 1947, Section 9, 29 USC Section 159; 29 CFR Sections 102.60-102.72.









s 15835. Intervention.
Any labor organization or other person desiring to intervene in any hearing shall make a motion for intervention stating the grounds upon which such labor organization or other person claims to have an interest in the proceeding. The hearing officer or the service, as the case may be, may by order in writing or on the record permit intervention to such extent and upon such terms as he may deem proper, and such intervenor shall thereupon become a party to the proceeding; provided, however, that (1) no labor organization which is a party to a contract covering employees in the alleged appropriate unit shall be denied the right to intervene as a party in such proceeding, and (2) no labor organization which makes a showing of proved authorizations or membership of at least 10 percent of the employees in the unit claimed to be appropriate by the petitioner shall be denied the right to intervene as a party in such proceedings. Any labor organization desiring to intervene for the purpose of seeking an election in a unit different from that claimed to be appropriate by the petitioner shall be required to make a showing of proved authorizations or membership of a least 30 percent of the employees in the unit claimed to be appropriate by the organization seeking intervention. The district shall be deemed a party to each proceeding hereunder without the necessity of intervening therein.




Note: Authority and reference cited: Section 54, Labor Code; and Sections 4.4, 13.91, 25052, 28851, 30751, 40122, 50121, 70122, 90300b, 95651, 100301, 101344, 102403, 103401, 120505 and 125521, Public Utilities Code. Additional reference: Labor Management Relations Act, 1947, Section 9, 29 USC Section 159; 29 CFR Sections 102.60-102.72.









s 15840. Rights and Duties of Parties at Hearing.
(a) Any party shall have the right to appear at any hearing in person, by counsel, or by other representative, and any party and the hearing officer shall have power to call, examine and cross-examine witnesses and to introduce into the record documentary and other evidence. Witnesses shall be examined orally under oath. The rules of evidence prevailing in courts of law or equity shall not be controlling. Stipulations of fact may be introduced in evidence with respect to any issue.
(b) Any objection with respect to the conduct of the hearing, including any objection to the introduction of evidence, may be stated orally or in writing, accompanied by a short statement of the grounds of such objection and included in the record. No such objection shall be deemed waived by further participation in the hearing.
(c) All motions, rulings and orders shall become a part of the record. Rulings by the hearing officer shall not be appealable to the director but shall be considered -and may be affirmed, modified or reversed -by the director when he reviews the entire record.
(d) Any party shall be entitled, upon request, to a reasonable period at the close of the hearing for oral argument, which shall be included in the stenographic report of the hearing.
(e) Misconduct at any hearing shall be grounds for summary exclusion by the hearing officer from further participation in such hearing.
(f) The refusal of a witness at a hearing to answer any question which has been ruled to be proper shall in the discretion of the hearing officer be ground for striking all testimony previously given by such witness on related matters.




Note: Authority and reference cited: Section 54, Labor Code; and Sections 4.4, 13.91, 25052, 28851, 30751, 40122, 50121, 70122, 90300b, 95651, 100301, 101344, 102403, 103401, 120505 and 125521, Public Utilities Code. Additional reference: Labor Management Relations Act, 1947, Section 9, 29 USC Section 159; 29 CFR Sections 102.60-102.72.









s 15845. Subpoenas.
(a) Application for subpoenas may be filed in writing by any party with the service if made prior to the hearing, and with the hearing officer if made at the hearing. The service or the hearing officer, as the case may be, shall forthwith cause the subpoenas to be issued. Applications for subpoenas may be made ex parte. Any person served with a subpoena, whether ad testificandum or duces tecum, who does not intend to comply therewith shall within five days after the date of service file with the service a petition to revoke the subpoena. The service may rule upon said petition or refer it for ruling to the hearing officer; provided that if the hearing at which the subpoenaed evidence is to be produced has opened, the petition to revoke shall be filed with and ruled upon by the hearing officer. Notice of the filing of a petition to revoke shall be promptly given by the service or the hearing officer, as the case may be, to the party at whose request the subpoena was issued. The service or the hearing officer, as the case may be, shall revoke a subpoena if in their opinion the evidence sought does not relate to any matter under investigation or in question in the proceedings, is not relevant, or the subpoena does not describe with sufficient particularity the evidence the production of which is required, or if for any other reason sufficient in law the subpoena is otherwise invalid. The service or hearing officer, as the case may be, shall make a simple statement in writing or on the record of the procedural or other grounds for this ruling. Filing with reference to the revocation of a subpoena shall not become part of the record except upon the request of the party aggrieved by the ruling on the petition. Persons compelled to produce written evidence are entitled to retain the same, but the party compelling its production may pay the cost of procuring a copy thereof to be submitted in evidence in lieu of the original.
(b) Witnesses summoned before the hearing officer shall be paid by the party at whose instance the witness appears.




Note: Authority and reference cited: Section 54, Labor Code; and Sections 4.4, 13.91, 25052, 28851, 30751, 40122, 50121, 70122, 90300b, 95651, 100301, 101344, 102403, 103401, 120505 and 125521, Public Utilities Code. Additional reference: Labor Management Relations Act, 1947, Section 9, 29 USC Section 159; 29 CFR Sections 102.60-102.72.









s 15850. Briefs.
The hearing officer shall upon request allow parties to file briefs following the completion of the hearing. Copies of such briefs shall be concurrently served upon all parties.




Note: Authority and reference cited: Section 54, Labor Code; and Sections 4.4, 13.91, 25052, 28851, 30751, 40122, 50121, 70122, 90300b, 95651, 100301, 101344, 102403, 103401, 120505 and 125521, Public Utilities Code. Additional reference: Labor Management Relations Act, 1947, Section 9, 29 USC Section 159; 29 CFR Sections 102.60-102.72.









s 15855. Duties of Hearing Officer Following Hearing.
Upon the close of a hearing, the hearing officer shall as expeditiously as possible prepare a proposed decision and order which shall include a written analysis of the record and of the arguments of the parties, his findings of fact and his determination upon the issues submitted to him. If he shall determine that an election is to be held, he shall set forth the appropriate unit or units within which such election shall be held and the categories of employees who shall be eligible to vote in such unit or units. The original of such proposed decision and order -together with the petition or petitions, notices of hearing, written motions, rulings or orders, the stenographic report of the hearing, stipulations, exhibits and documentary evidence, affidavits of service, depositions, and briefs or other legal memoranda submitted by the parties -shall constitute the record in the proceedings and shall promptly be forwarded to the director by the hearing officer. The Director shall review the hearing record and proposed order and decision. The decision of the Director shall be final pending any review set forth in Section 15860. A copy of the proposed decision and order shall immediately be served upon each of the parties.




Note: Authority and reference cited: Section 54, Labor Code; and Sections 4.4, 13.91, 25052, 28851, 30751, 40122, 50121, 70122, 90300b, 95651, 100301, 101344, 102403, 103401, 120505 and 125521, Public Utilities Code. Additional reference: Labor Management Relations Act, 1947, Section 9, 29 USC Section 159; 29 CFR Sections 102.60-102.72.









s 15860. Exceptions.
Within twenty (20) days from the date of service of the proposed decision and order, any party may file with the service two copies of a statement in writing setting forth exceptions or newly discovered evidence, (evidence which has become available only since the close of the hearing), to the proposed decision and order, or to any other part of the record or proceedings (including rulings upon all motions or objections), together with two copies of a brief in support of said exceptions. Any party may within seven additional days from the time the exceptions were filed or within 20 days from the date of service of the proposed decision and order, whichever is longer, file a brief in support of the proposed decision and order and in opposition to the review. Copies of such exceptions and briefs shall immediately be served on each of the other parties and proof thereof shall be promptly filed with the service.




Note: Authority and reference cited: Section 54, Labor Code; and Sections 4.4, 13.91, 25052, 28851, 30751, 40122, 50121, 70122, 90300b, 95651, 100301, 101344, 102403, 103401, 120505 and 125521, Public Utilities Code. Additional reference: Labor Management Relations Act, 1947, Section 9, 29 USC Section 159; 29 CFR Sections 102.60-102.72.









s 15865. Determination.
After the period for the filing of such exception has expired, the Director may deny the request for review without waiting for a statement in opposition to review and in support of the proposed decision or, the director may await a statement in opposition to review and in support of the proposed decision, and then shall promptly decide the matter upon the record, and shall issue his decision and order, which shall include a written analysis of the record and of the arguments of the parties, his findings of fact and his determination upon the issues submitted to him. The Director may adopt the proposed decision and order of the hearing officer as his own. The granting of a review may stay the Director's decision if he so directs. The Director shall grant review only where compelling reasons exist therefor. The Director may, as he determines, accept additional evidence or hold hearings. If he shall determine that an election is to be held he shall order such election within such unit or units as he shall have found appropriate, and shall determine the categories of employees who shall be eligible to vote in such unit or units. A copy of the decision and order of the Director shall be served upon each of the parties.




Note: Authority and reference cited: Section 54, Labor Code; and Sections 4.4, 13.91, 25052, 28851, 30751, 40122, 50121, 70122, 90300b, 95651, 100301, 101344, 102403, 103401, 120505 and 125521, Public Utilities Code. Additional reference: Labor Management Relations Act, 1947, Section 9, 29 USC Section 159; 29 CFR Sections 102.60-102.72.









s 15870. Election Procedures.
(a) All elections shall be conducted by the service and shall be by secret ballot. Whenever two or more labor organizations are included as choices in an election, any participant, upon its prompt request to and approval thereof by the director, whose decision shall be final, may have its name removed from the ballot. Provided, however, that in a proceeding involving a district-filed petition or a petition for decertification, the labor organization certified, currently recognized or found to be seeking recognition may not have its name removed from the ballot without timely notice in writing to all parties and to the service disclaiming any representation interest among the employees in the unit.
Any party may be represented by observers of its own selection, subject to such limitations as the service may prescribe. Any party and any agent or representative of the service may challenge for good cause the eligibility of any person to participate in the election. Each challenged ballot shall be impounded. Upon the conclusion of the election the service shall cause a tally of the ballots to be furnished to each party. Within five days thereafter any party may file with the service two copies of objections to the conduct of the election or conduct affecting the results of the election, which shall contain a short statement of the reasons for the objections. The objecting party shall immediately serve a copy of such objections upon each other party and file with the service proof of service and shall, upon request, promptly furnish evidence available to it to support the objections.
(b) If (1) no objections are filed within the time specified in subsection (a) above, and (2) any challenged ballots are insufficient in number to affect the results of the election, and (3) no runoff election is to be held pursuant to Section 15875 below, the service shall forthwith issue to the parties a certification of the results of the election, including certification of representatives where appropriate; and the proceeding will thereupon be closed.
(c) If objections are filed to the conduct of the election or conduct affecting the results of the election, or if the challenged ballots are sufficient in number to affect the results of the election, the service or Director shall investigate such objections or challenges, or both, and shall prepare and cause to be served upon the parties a report on such objections or challenged ballots, or both. If a consent election has been held where a hearing was waived and a consent election leading to a determination by the Director of the facts ascertained after such consent election, the service or Director shall prepare and cause to be served on the parties a report on challenged ballots or objections or both. Within 10 days from the date of issuance of the report on such objections or challenged ballots, or within such additional period as the service may allow upon written application for extension made within such 10- day period, any party may file with the service two copies of exceptions to such report. Immediately upon the filing of such exceptions, the filing party shall cause a copy thereof to be served upon each of the other parties, and proof thereof shall be promptly filed with the service. If no exceptions are filed to such report within the time permitted, the Director may issue his written decision in conformity with such report, as to the validity of such objections or challenges or may make other disposition of the case based on an administrative investigation or in the exercise of his reasonable discretion, and the service shall thereupon promptly act to close the proceeding in accordance with such decision.
(d) If exceptions are filed, either to the report or challenged ballots or objections, or both if it be a consolidated report, the director shall appoint a hearing officer to examine the exceptions and make recommendations. If it appears to the hearing officer that such exceptions do not raise substantial and material factual issues with respect to the conduct of the election or conduct affecting the results of the elections, he may make his written recommendations to the director forthwith, and shall immediately serve copies of said recommendations upon the parties. Within 10 days from the date of issuance of the aforesaid recommendations, or within such additional period as the director may allow upon written application for extension made within the 10-day period, any party may file with the director two copies of exceptions to the hearing officer's recommendations. Immediately upon the filing of such exceptions, the filing party shall cause a copy to be served upon each of the other parties and proof thereof shall be promptly filed with the director.
(e) If it appears to the hearing officer that any exceptions filed to the report of the service on challenged ballots or objections raise substantial and material factual issues, he shall cause to be served upon the parties a notice of hearing on said exceptions, which notice shall be given at least 10 days in advance of the date specified for the hearing. The hearing shall be conducted by the hearing officer in accordance with the provisions of Sections 15830, 15840, 15845, and 15850 insofar as applicable. Upon the close of the hearing, the hearing officer shall prepare and deliver to the director a written report resolving questions of credibility and containing findings of fact and recommendations to the director as to the disposition of the challenges or objections, or both if it be a consolidated report. Said report -together with (1) the notice of hearing, (2) motions, (3) rulings, (4) orders, (5) stenographic report of the hearing, (6) stipulations, (7) exceptions, (8) documentary evidence and briefs, (9) objections to the conduct of the election or conduct affecting the results of the election, (10) the report of the service on such objections, (11) the report of the service on challenged ballots, (12) exceptions to the report of the service on objections or to the report on challenged ballots, and (13) the record previously made -shall constitute the record in the case. A copy of the hearing officer's report shall immediately be served upon each of the parties, where-upon any of the parties may file exceptions to said report within the same time limitations and requirements as to service, and proof thereof, as are provided for in the case of exceptions filed under subsection (d) of this section.
(f) After the period for the filing of exceptions under subsection (d) or (e), as the case may be, has expired the director shall issue his written decision and cause copies thereof to be served upon the parties. If the hearing officer has issued recommendations under subsection (d), finding that the exceptions to the report of the service do not raise substantial and material factual issues, and exceptions to such recommendations have been filed, and after consideration of such exceptions the director shall decide that the exceptions to the report of the service do raise substantial and material factual issues, he shall direct the hearing officer to issue a notice of hearing, whereupon the procedures for a hearing and the issuance of the hearing officer's report provided for in subsection (e) of this section (including the provision for filing exceptions to the hearing officer's report) shall be followed. The director may adopt the recommendations of the hearing officer issued under subsection (d) or the report of the hearing officer issued under subsection (e) as his own. The service shall thereafter promptly proceed to take such action as may be called for by the decision of the director, after which the proceedings will be closed.




Note: Authority and reference cited: Section 54, Labor Code; and Sections 4.4, 13.91, 25052, 28851, 30751, 40122, 50121, 70122, 90300b, 95651, 100301, 101344, 102403, 103401, 120505 and 125521, Public Utilities Code. Additional reference: Labor Management Relations Act, 1947, Section 9, 29 USC Section 159; 29 CFR Sections 102.60-102.72.









s 15875. Runoff Elections.
(a) The service shall conduct a runoff election, without further order of the director, when an election in which a ballot providing for not less than three choices (i.e. at least two representatives and "neither" or "none") results in no choice receiving a majority of the valid ballots cast, which runoff election shall be held promptly following final disposition of any challenges, objections or exceptions which followed the prior election as provided in Section 15870. Only one runoff election shall be held pursuant to this section.
(b) Employees who were eligible to vote in the election and who are employed in an eligible category on the date of the runoff election shall be the only employees eligible to vote in the runoff election.
(c) The ballot in the runoff election shall provide for a selection between the two choices receiving the largest and second largest number of votes.
(d) In the event the number of votes cast in an inconclusive election in which the ballot provided for a choice among two or more representatives and "neither" or "none" is equally divided among the several choices, or in the event the number of ballots cast for one choice in such election is equal to the number cast for another of the choices but less than the number cast for the third choice, the director shall declare the first election a nullity and shall conduct another election among the three choices which received the greatest number of ballots in the original election; provided that in the event there was a tie in the original election between the third and fourth choices or among the third, fourth and other choices, the director shall in the runoff election include on the ballot all such tied choices. In the event two or more choices receive the same number of ballots, and if either (1) there are no challenged ballots which would affect the results of the election, or (2) after all challenges have been disposed of it is found that all eligible voters have cast valid ballots, there shall be no runoff election and the petition shall be dismissed. Only one such further election pursuant to this subsection (d) may be held.
(e) The provisions of Section 15870 above shall be applicable to a runoff election.




Note: Authority and reference cited: Section 54, Labor Code; and Sections 4.4, 13.91, 25052, 28851, 30751, 40122, 50121, 70122, 90300b, 95651, 100301, 101344, 102403, 103401, 120505 and 125521, Public Utilities Code. Additional reference: Labor Management Relations Act, 1947, Section 9, 29 USC Section 159; 29 CFR Sections 102.60-102.72.









s 15875.1. Relevant Federal Law.
In resolving questions of representation, the Director shall apply the relevant federal law and administrative practice developed under the Labor Management Relations Act, 1947, as amended.




Note: Authority and reference cited: Section 54, Labor Code; and Sections 4.4, 13.91, 25052, 28851, 30751, 40122, 50121, 70122, 90300b, 95651, 100301, 101344, 102403, 103401, 120505 and 125521, Public Utilities Code. Additional reference: Labor Management Relations Act, 1947, Section 9, 29 USC Section 159; 29 CFR Sections 102.60-102.72.













Note: Authority cited for Group 2.3: Section 54, Labor Code and Section 28851, Public Utilities Code.







s 16000. Definitions.
The following terms are defined for general use in these regulations within Group 3, Payment of Prevailing Wages Upon Public Works and Group 4, Awarding Body Labor Compliance Programs:
Area of Determination. The area of determining the prevailing wage is the "locality" and/or the "nearest labor market area" as determined by the Director. In determining the area, the mobility of each craft, classification and type of work will be considered.
Awarding body. Any state or local government agency, department, board, commission, bureau, district, office, authority, political subdivision, regional district officer, employee, or agent awarding/letting a contract/purchase order for public works.
Bid. Any proposal submitted to an awarding body in competitive bidding for the construction, alteration, demolition, repair, maintenance, or improvement of any structure, building, road, property, or other improvement of any kind.
Certified. The affirmation of a person with the authority to so affirm, under the penalty of perjury that the records are originals or are full, true and correct copies of the original and depict truly, fully and correctly the craft or type of work performed, hours and days worked, and the amounts by category listed, disbursed by way of cash, check, or in whatever form or manner to each person by job classification and/or skill pursuant to a public works contract.
Chief of DAS. Chief of Division of Apprenticeship Standards or a duly authorized representative.
Chief of DLSE/Labor Commissioner. Chief of the Division of Labor Standards Enforcement or a duly authorized representative.
Chief of DLSR. Chief of the Division of Labor Statistics and Research or a duly authorized representative.
Coverage. This means being subject to the requirements of Part 7, Chapter 1 of the Labor Code as a "public work." This includes all formal coverage determinations issued by the Director of Industrial Relations.
DAS. Division of Apprenticeship Standards.
Date of Notice or Call for Bids. The date the first notice inviting bids was published in a newspaper of general circulation or promulgated in a legally sufficient manner which results in a contract being awarded with or without competitive bidding. This may also be referred to as the Bid Advertisement Date.
Days. Unless otherwise specified means calendar days.
DLSE. The Division of Labor Standards Enforcement.
DLSR. The Division of Labor Statistics and Research.
Director. The Director of the Department of Industrial Relations or his/her duly authorized representative.
Duly Authorized Representative. An employee of the Department of Industrial Relations.
Effective Date. The date upon which the determinations of the Director go into effect. This date is ten days after the issue date of the determination.
Employer Payments. Includes:
(1) The rate of contribution irrevocably made by a contractor or subcontractor to a trustee or to a third person pursuant to a fund, plan, or program for the benefit of employees, their families and dependents, or retirees;
(2) The rate of costs to the contractor or subcontractor which may be reasonably anticipated in providing benefits to employees, their families and dependents or to retirees pursuant to an enforceable commitment or agreement to carry out a financially responsible plan or program which was communicated in writing to the workers affected; and
(3) The rate of contribution irrevocably made by the contractor or subcontractor for apprenticeship or other training programs authorized by Section 3071 and/or 3093 of the Labor Code.
Expiration Date. The date upon which the determinations of the Director are subject to change.
General Prevailing Rate of Per Diem Wages. Includes:
(1) The prevailing basic straight-time hourly rate of pay; and
(2) The prevailing rate for holiday and overtime work; and
(3) The prevailing rate of employer payments for any or all programs or benefits for employees, their families and dependents, and retirees which are of the types enumerated below:

(A) medical and hospital care, prescription drugs, dental care, vision care, diagnostic services, and other health and welfare benefits;
(B) retirement plan benefits;
(C) vacations and holidays with pay, or cash payments in lieu thereof;
(D) compensation for injuries or illnesses resulting from occupational activity;
(E) life, accidental death and dismemberment, and disability or sickness and accident insurance;
(F) supplemental unemployment benefits;
(G) thrift, security savings, supplemental trust, and beneficial trust funds otherwise designated, provided all of the money except that used for reasonable administrative expenses is returned to the employees;
(H) occupational health and safety research, safety training, monitoring job hazards, and the like, as specified in the applicable collective bargaining agreement;
(I) See definition of "Employer Payments," (3).
(J) other bonafide benefits for employees, their families and dependents, or retirees as the Director may determine; and
(4) travel time and subsistence pay as provided for in Labor Code Section 1773.8.
(b) The term "general prevailing rate of per diem wages" does not include any employer payments for:
(1) Job related expenses other than travel time and subsistence pay;
(2) Contract administration, operation of hiring halls, grievance processing, or similar purposes except for those amounts specifically earmarked and actually used for administration of those types of employee or retiree benefit plans enumerated above;
(3) Union, organizational, professional or other dues except as they may be included in and withheld from the basic taxable hourly wage rate;
(4) Industry or trade promotion;
(5) Political contributions or activities;
(6) Any benefit for employees, their families and dependents, or retirees including any benefit enumerated above where the contractor or subcontractor is required by Federal, State, or local law to provide such benefit; or
(7) Such other payments as the Director may determine to exclude. Interested Party. When used with reference to a particular prevailing wage determination made by the Director, includes:
(1) Any contractor or subcontractor, or any organization, association, or other representative of any contractor or subcontractor likely to bid on or to perform a contract for public work which is subject to the particular prevailing wage determinations, and/or
(2) Any worker in the particular craft, classification, or type of work, who may be employed on a public work project subject to the particular prevailing wage determination, or any labor organization or other representative of such a person, including the recognized collective bargaining representative for the particular craft, classification, or type of work; and/or
(3) Any awarding body or association or other representative of awarding bodies concerned with the administration of a pubic works contract or proposed contract, which is subject to the particular prevailing wage determination.
Helper. Any subjourneyman classification traditionally used to assist a journeyman. Under no circumstance may the Helper classification be used to replace statutorily required Apprentices.
Identify or Give Notice of Identity. This means to state the name, job title, address and current telephone number of a person or entity.
Interim Determination. Those determinations of the Director issued between the quarterly updates.
Issue Date-Issuance. The date upon which copies of the determination of the Director are deposited in the mail.
LCP. A labor compliance program initiated and enforced by an awarding body in accordance with these regulations.
Locality. See Labor Code Section 1724.
Maintenance. Includes:
(1) Routine, recurring and usual work for the preservation, protection and keeping of any publicly owned or publicly operated facility (plant, building, structure, ground facility, utility system or any real property) for its intended purposes in a safe and continually usable condition for which it has been designed, improved, constructed, altered or repaired.
(2) Carpentry, electrical, plumbing, glazing, [touchup painting,] and other craft work designed to preserve the publicly owned or publicly operated facility in a safe, efficient and continuously usable condition for which it was intended, including repairs, cleaning and other operations on machinery and other equipment permanently attached to the building or realty as fixtures.
Exception:1: Janitorial or custodial services of a routine, recurring or usual nature is excluded.
Exception:2: Protection of the sort provided by guards, s, watchmen, or other security forces is excluded.
(3) Landscape maintenance. See Public Contract Code Section 21002.
Exception:Landscape maintenance work by "sheltered workshops" is excluded.
Mistake, Inadvertence, or Neglect. Mistake, inadvertence, or neglect in failing to pay the correct general rate of per diem wages means the lack of knowledge that any reasonable person would also be expected to have under the same or similar circumstances.
Nearest labor market Area. The nearest geographical area from which workers of the crafts, classifications, and types to be used in the performance and execution of the public work can be drawn for employment upon such public work.
Payroll Records. All time cards, cancelled checks, cash receipts, trust fund forms, books, documents, schedules, forms, reports, receipts or other evidences which reflect job assignments, work schedules by days and hours, and the disbursement by way of cash, check, or in whatever form or manner, of funds to a person(s) by job classification and/or skill pursuant to a public works project.
Person. Any individual [or legal entity, including a] partnership, corporation, association, or any local, state, regional, national or international organization, public or private, or any awarding body, or any agent or officer thereof, authorized to act for or on behalf of any of the foregoing.
Political Subdivision. See Labor Code Section 1721.
Predetermined Changes. Definite changes to the basic hourly wage rate, overtime, holiday pay rates, and employer payments which are known and enumerated in the applicable collective bargaining agreement at the time of the bid advertisement date and which are referenced in the general prevailing rate of per diem wages as defined in Section 16000 of these regulations. Contractors are obligated to pay up to the amount that was predetermined if these changes are modified prior to their effective date. Predetermined changes which are rescinded prior to their effective date shall not be enforced.
Prevailing Rate. Includes:
(1) The basic hourly rate being paid to a majority of workers engaged in the particular craft, classification or type of work within the locality and in the nearest labor market area, if a majority of such workers is paid at a single rate; if there is no single rate being paid to a majority, then the single rate (modal rate) being paid to the greater number of workers is prevailing. If there is no modal rate, then an alternate rate will be established by considering the appropriate collective bargaining agreements, Federal rates or other data such as wage survey data, including the nearest labor market area, or expanded survey as provided in Article 4 of these regulations; (continued)