| (a) Representative designated by written authorization.
A designated representative is an individual or organization to whom
an agricultural laborer gives written authorization to exercise the
laborer's rights under the Act and this chapter.
(b) Recognized or certified representatives.
(1) Certified collective bargaining agent. A certified
collective bargaining agent is a person or unit that has been sanctioned
by a governmental body to represent agricultural laborers in matters
of wages and working conditions. A certified collective bargaining
agent is not required to have written authorization from the agricultural
laborer who the certified collective bargaining agent represents.
(2) Recognized collective bargaining agent. A recognized
collective bargaining agent is a person or unit that has been acknowledged
in a collective bargaining contract between an employer and an agricultural
laborer. A recognized collective bargaining agent is not required
to have a written authorization from the agricultural laborer who
the recognized collective bargaining agent represents in order to
exercise the laborer's rights under the Act.
(3) Certified designated representative. A certified
designated representative is a person who has been approved for certification
by the department. In order to become a certified designated representative,
an individual or organization shall submit a request for certification
as a designated representative to the department. The request shall
include the requester's name and address, the name of the agricultural
laborer's employer, the address of the agricultural laborer's employer,
if known, and a description of which of the laborer rights under the
Act the designated representative intends to exercise. The laborer's
written authorization shall be attached to the request and processed
by the department as follows:
(A) The department shall review the request and determine
whether to accept or reject it within two business days after receipt.
If the department determines that the request fulfills the requirements
of the Act and this chapter, the department shall certify the requester
as a designated representative. The designated representative remains
certified until the agricultural laborer notifies the department that
the agricultural laborer has withdrawn authorization. If the department
rejects the request, the department shall notify the requester of
the decision and give a statement of the reasons for the rejection.
A person whose request has been rejected may attempt to address the
reasons for rejection and ask that the request be reconsidered. Alternatively,
the requester may appeal the rejection to the commissioner. A person
not satisfied with the decision of the commissioner may appeal in
the manner provided for contested cases under the Texas Administrative
Procedure Act, Texas Government Code, Chapter 2001.
(B) A certified designated representative is not required
to reveal to anyone other than the department the identity of the
agricultural laborer represented. The department shall maintain the
laborer's anonymity, unless the laborer waives it.
(C) A covered employer shall recognize a requester
as a designated representative after receiving notice of certification
by the department.
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| Source Note: The provisions of this §8.5 adopted to be effective February 14, 1989, 14 TexReg 617; amended to be effective July 5, 1994, 19 TexReg 4814; amended to be effective February 13, 2023, 48 TexReg 655 |
