REPRESENTATION ISSUES; ELECTIONS – Blocking Charge

Single Topic for Decision 0387E

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Affirming the regional director's order staying the decertification process, the Board rejected petitioners' argument that they were not motivated to file the decertification petition by the University's unfair labor practices. The Board further held that the motive of the individual petitioners was not determinative: the inquiry must be as to the potential impact of the alleged conduct on all of the employees in the unit. Allegations of complaint are taken as true for purposes of evaluating whether or not an election should be blocked; p. 14. Conduct occurring outside the 6 month limitations period will not be considered for purposes of deciding whether to stay an election; p. 15. Election may be properly blocked where there has been a failure to bargain in good faith since that conduct renders a fair election Election may be properly blocked where there has been a failure to bargain in good faith since that conduct renders a fair election occurred after the filing of the petition rather than before is immaterial in determining whether or not a fair election is possible. Focus is on ability of unit members to exercise free choice in election untainted by employer's unfair practices; p. 15.