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HomePublic Utilities CodeDiv. 10Pt. 4Ch. 4§ 40122 Employee Representation Determination

§ 40122 Employee Representation Determination

Public Utilities Code·California
AI Summary·Official Text·Key Terms·Related Statutes·References
AI SummaryVerified

§ 40122 Employee Representation Determination

Key Takeaways

  • •If workers and bosses can't agree on who should represent the workers, the State Conciliation Service steps in to decide.
  • •The State Conciliation Service holds a public meeting to figure out which workers should be in the group that gets to vote on their representative.
  • •After the meeting, they set up a vote to pick the representative, and the results are official.
  • •Once a representative is picked, no one can challenge it for at least one year, or until the current work agreement ends (but no longer than two years).

Example

A group of teachers at a school want to form a union, but the school says not enough teachers support it. They can't agree on who should be in the group or who should represent them.

The State Conciliation Service will hold a meeting to decide which teachers get to vote. Then, they’ll organize a vote to pick the union representative. Once the union is officially chosen, no one can question it for at least a year, even if some teachers change their minds.

AI-generated — May contain errors. Not legal advice. Always verify source.

Official Source
View on CA.gov

§ 40122 Employee Representation Determination

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. (Added by Stats. 1965, Ch. 1899.)

Last verified: January 23, 2026

Key Terms

agreementconciliationrepresentationcontractterminationemployeehearingregulation

Related Statutes

  • § 70122 Labor Union Representation Disputes
  • § 50121 Labor Representation Dispute Resolution
  • § 95651 Labor Union Representation Disputes
  • § 100301 Representation Dispute Resolution
  • § 103401 Employee Union Representation Votes

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Public Utilities Code. Section 40122.
View Official Source