2009 California Government Code - Section 3544-3544.9 :: Article 5. Employee Organizations: Representation, Recognition, Certification, And Decertification

3544.  (a) An employee organization may become the exclusive
representative for the employees of an appropriate unit for purposes
of meeting and negotiating by filing a request with a public school
employer alleging that a majority of the employees in an appropriate
unit wish to be represented by such organization and asking the
public school employer to recognize it as the exclusive
representative. The request shall describe the grouping of jobs or
positions which constitute the unit claimed to be appropriate and
shall be based upon majority support on the basis of current dues
deduction authorizations or other evidence such as notarized
membership lists, or membership cards, or petitions designating the
organization as the exclusive representative of the employees. Notice
of any such request shall immediately be posted conspicuously on all
employee bulletin boards in each facility of the public school
employer in which members of the unit claimed to be appropriate are
employed.
   (b) The employee organization shall submit proof of majority
support to the board. The information submitted to the board shall
remain confidential and not be disclosed by the board. The board
shall obtain from the employer the information necessary for it to
carry out its responsibilities pursuant to this section and shall
report to the employee organization and the public school employer as
to whether the proof of majority support is adequate.

3544.1.  The public school employer shall grant a request for
recognition filed pursuant to Section 3544, unless any of the
following apply:
   (a) The public school employer doubts the appropriateness of a
unit.
   (b) Another employee organization either files with the public
school employer a challenge to the appropriateness of the unit or
submits a competing claim of representation within 15 workdays of the
posting of notice of the written request. The claim shall be
evidenced by current dues deductions authorizations or other evidence
such as notarized membership lists, or membership cards, or
petitions signed by employees in the unit indicating their desire to
be represented by the organization. The evidence shall be submitted
to the board, and shall remain confidential and not be disclosed by
the board. The board shall obtain from the employer the information
necessary for it to carry out its responsibilities pursuant to this
section and shall report to the employee organizations seeking
recognition and to the public school employer as to the adequacy of
the evidence. If the claim is evidenced by the support of at least 30
percent of the members of an appropriate unit, a question of
representation exists and the board shall conduct a representation
election pursuant to Section 3544.7, unless subdivision (c) or (d) of
this section applies.
   (c) There is currently in effect a lawful written agreement
negotiated by the public school employer and another employee
organization covering any employees included in the unit described in
the request for recognition, unless the request for recognition is
filed less than 120 days, but more than 90 days, prior to the
expiration date of the agreement.
   (d) The public school employer has, within the previous 12 months,
lawfully recognized another employee organization as the exclusive
representative of any employees included in the unit described in the
request for recognition.

3544.3.  If, by January 1 of any school year, no employee
organization has made a claim of majority support in an appropriate
unit pursuant to Section 3544, a majority of employees of an
appropriate unit may submit to a public school employer a petition
signed by at least a majority of the employees in the appropriate
unit requesting a representation election. An employee may sign such
a petition though not a member of any employee organization.
   Upon the filing of such a petition, the public school employer
shall immediately post a notice of such request upon all employee
bulletin boards at each school or other facility in which members of
the unit claimed to be appropriate are employed.
   Any employee organization shall have the right to appear on the
ballot if, within 15 workdays after the posting of such notice, it
makes the showing of interest required by subdivision (b) of Section
3544.1.
   Immediately upon expiration of the 15-workday period following the
posting of the notice, the public school employer shall transmit to
the board the petition and the names of all employee organizations
that have the right to appear on the ballot.

3544.5.  A petition may be filed with the board, in accordance with
its rules and regulations, requesting it to investigate and decide
the question of whether employees have selected or wish to select an
exclusive representative or to determine the appropriateness of a
unit, by:
   (a) A public school employer alleging that it doubts the
appropriateness of the claimed unit; or
   (b) An employee organization alleging that it has filed a request
for recognition as an exclusive representative with a public school
employer and that the request has been denied or has not been acted
upon within 30 days after the filing of the request; or
   (c) An employee organization alleging that it has filed a
competing claim of representation pursuant to subdivision (b) of
Section 3544.1; or
   (d) An employee organization alleging that the employees in an
appropriate unit no longer desire a particular employee organization
as their exclusive representative, provided that such petition is
supported by evidence of support such as notarized membership lists,
cards, or petitions from 30 percent of the employees in the
negotiating unit indicating support for another organization or lack
of support for the incumbent exclusive representative. Such evidence
of support shall be submitted to the board, and shall remain
confidential and not be disclosed by the board. The board shall
obtain from the employer the information necessary for it to carry
out its responsibilities pursuant to this section and shall report to
the employee organizations seeking recognition and to the public
school employer as to the adequacy of the evidence of support.

3544.7.  (a) Upon receipt of a petition filed pursuant to Section
3544.3 or 3544.5, the board shall conduct inquiries and
investigations or hold any hearings 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 hearing. However, if the board finds on the basis
of the evidence that a question of representation exists, or a
question of representation exists pursuant to subdivision (b) of
Section 3544.1, it shall order that an election be conducted by
secret ballot 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 each ballot the statement: "no
representation." No voter shall record more than one choice on his or
her ballot. Any ballot upon which there is recorded more than one
choice shall be void and shall not be counted for any purpose. 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) An election may not be held and the petition shall be
dismissed if either of the following exist:
   (1) There is currently in effect a lawful written agreement
negotiated by the public school employer and another employee
organization covering any employees included in the unit described in
the request for recognition, or unless the request for recognition
is filed less than 120 days, but more than 90 days, prior to the
expiration date of the agreement.
   (2) The public school employer has, within the previous 12 months,
lawfully recognized an employee organization other than the
petitioner as the exclusive representative of any employees included
in the unit described in the petition.

3544.9.  The employee organization recognized or certified as the
exclusive representative for the purpose of meeting and negotiating
shall fairly represent each and every employee in the appropriate
unit.