ALRB: petition objecting to election (5 days after election ends)
5 days after election ends (final tally of ballots issues; or polls close if challenged ballots are outcome-determinative or ballots impounded), under Lab. Code 1156.3(e); 8 CCR 20365(a)-(b), 20170(b).
Rule text
Lab. Code 1156.3(e)(1): "Within five days after an election, any person may file with the board a signed petition asserting that allegations made in the petition filed pursuant to subdivision (a) were incorrect, asserting that the board improperly determined the geographical scope of the bargaining unit, or objecting to the conduct of the election or conduct affecting the results of the election." 8 CCR 20365(a): "Except as provided in subdivisions (a)(1), (a)(2) and (a)(3), the five-day period begins to run when the election ends. The election ends when the ballots have been counted and a final tally of ballots issues." 8 CCR 20365(b): "No extensions of time for filing objections shall be permitted, and no amendments to objections petitions shall be permitted for any reason after the five-day filing period has elapsed."
Lab. Code 1156.3(e); 8 CCR 20365(a)-(b), 20170(b), official source
Calculate this deadline
- Trigger (Election ends (final tally of ballots issues; or polls close if challenged ballots are outcome-determinative or ballots impounded)): Friday, November 6, 2026.
- Exclude the trigger day and count 5 calendar days: Wednesday, November 11, 2026.
- That day is a Veterans Day, so the deadline moves to the next court day: Thursday, November 12, 2026 (Gov. Code 6800; Gov. Code 6707 (filings with a state agency); CCP 12, 12a, 13; agency rules 8 CCR 10600 (WCAB), 8 CCR 32130 (PERB), 22 CCR 5000 'Holiday' definition (CUIAB)).
Lab. Code 1156.3(e); 8 CCR 20365(a)-(b), 20170(b)
Lab. Code 1156.3(e)(1): "Within five days after an election, any person may file with the board a signed petition asserting that allegations made in the petition filed pursuant to subdivision (a) were incorrect, asserting that the board improperly determined the geographical scope of the bargaining unit, or objecting to the conduct of the election or conduct affecting the results of the election." 8 CCR 20365(a): "Except as provided in subdivisions (a)(1), (a)(2) and (a)(3), the five-day period begins to run when the election ends. The election ends when the ballots have been counted and a final tally of ballots issues." 8 CCR 20365(b): "No extensions of time for filing objections shall be permitted, and no amendments to objections petitions shall be permitted for any reason after the five-day filing period has elapsed."Official source
Gov. Code 6800; Gov. Code 6707 (filings with a state agency); CCP 12, 12a, 13; agency rules 8 CCR 10600 (WCAB), 8 CCR 32130 (PERB), 22 CCR 5000 'Holiday' definition (CUIAB)
Gov. Code 6800: "The time in which any act provided by law is to be done is computed by excluding the first day, and including the last, unless the last day is a holiday, and then it is also excluded." Gov. Code 6707: "When the last day for filing any instrument or other document with a state agency falls upon a Saturday or holiday, such act may be performed upon the next business day with the same effect as if it had been performed upon the day appointed." 8 CCR 10600: "(a) The time in which any act provided by these rules is to be performed is computed by excluding the first day and including the last. (b) Unless otherwise provided by law, if the last day for exercising or performing any right or duty to act or respond falls on a weekend, or on a holiday for which the offices of the Workers' Compensation Appeals Board are closed, the act or response may be performed or exercised upon the next business day." 8 CCR 32130(a)-(b) (PERB): "(a) In computing any period of time under these regulations, except under Section 32776(c), (d), (e) and (f), the period of time begins to run the day after the act or occurrence referred to. (b) Whenever the last date to file a document falls on Saturday, Sunday, or a holiday, as defined in Government Code Sections 6700 and 6701, or PERB offices are closed, the time period for filing shall be extended to and include the next regular PERB business day. The extension of time provided herein shall be applied subsequent to the application of any other extension of time provided by these regulations or by other applicable law." CCP 12a(a): "If the last day for the performance of any act provided or required by law to be performed within a specified period of time is a holiday, then that period is hereby extended to and including the next day that is not a holiday. For purposes of this section, “holiday” means all day on Saturdays, all holidays specified in Section 135 and, to the extent provided in Section 12b, all days that by terms of Section 12b are required to be considered as holidays."Official source
- NO extensions. Filed electronically, or (unrepresented party) by personal service or registered/certified mail postmarked within the period. Rerun elections: 20372(c); runoff elections: 5 days of the runoff (20375(d)). Whether the statutory "five days" in 1156.3(e) counts business days under the 20170(b) short-period rule is a regulation-vs-statute question; the conservative reading is 5 CALENDAR days (LAWYER REVIEW). Modeled as business days per 20170(b), which can be LATER than 5 calendar days. Short period: 8 CCR 20170(b) excludes intermediate Saturdays, Sundays and legal holidays from periods under seven days, so this is counted in business days (count "court"); holidays are those in Gov. Code 6700 (broader than the state-office list, so the engine may come out one day early; conservative).
- If the clerk's office is closed or inaccessible on the last day (weather, emergency or local closure orders), the deadline may be extended. Check local orders.
This calculator applies the cited rules to the dates you enter. It is not legal advice. Court orders, local rules, and case-specific facts can change a deadline; verify before relying on it. Rule set pending attorney review.
Worked example
Election ends (final tally of ballots issues; or polls close if challenged ballots are outcome-determinative or ballots impounded) on Monday, March 15, 2027, personal service: due Monday, March 22, 2027.
- Trigger (Election ends (final tally of ballots issues; or polls close if challenged ballots are outcome-determinative or ballots impounded)): Monday, March 15, 2027.
- Exclude the trigger day and count 5 calendar days: Saturday, March 20, 2027.
- That day is a Saturday, so the deadline moves to the next court day: Monday, March 22, 2027 (Gov. Code 6800; Gov. Code 6707 (filings with a state agency); CCP 12, 12a, 13; agency rules 8 CCR 10600 (WCAB), 8 CCR 32130 (PERB), 22 CCR 5000 'Holiday' definition (CUIAB)).
Unsettled points
- The calculator shows ALRB election objections due 5 calendar days after the election, the earlier date, because a regulation cannot lengthen the statutory period.Other reading: If the 8 CCR 20170(b) business-day rule governs, objections are due about 2 days later.
Notes
NO extensions. Filed electronically, or (unrepresented party) by personal service or registered/certified mail postmarked within the period. Rerun elections: 20372(c); runoff elections: 5 days of the runoff (20375(d)). Whether the statutory "five days" in 1156.3(e) counts business days under the 20170(b) short-period rule is a regulation-vs-statute question; the conservative reading is 5 CALENDAR days (LAWYER REVIEW). Modeled as business days per 20170(b), which can be LATER than 5 calendar days. Short period: 8 CCR 20170(b) excludes intermediate Saturdays, Sundays and legal holidays from periods under seven days, so this is counted in business days (count "court"); holidays are those in Gov. Code 6700 (broader than the state-office list, so the engine may come out one day early; conservative).
Related deadlines
- ALRB: election objections after runoff election (5 days of runoff) (5 days after)
- ALRB: declarations and evidence on outcome-determinative challenged ballots (10 days of service of regional director materials) (10 days after)
- ALRB: exceptions to investigative hearing examiner decision in election case (10 days after service) (10 days after)
- ALRB: brief answering exceptions to IHE decision (7 days after exceptions filed) (7 days after)
Rules current as of 2026-10-27. Confirm against the official source and any local rule or court order before relying on a date. Rules changelog.