REPRESENTATION ISSUES; ELECTIONS – Voter Eligibility/Lists/Home Addresses

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1303.00000 – REPRESENTATION ISSUES; ELECTIONS
1303.07000 – Voter Eligibility/Lists/Home Addresses

Based on voting eligibility standards set forth in Palo Alto Unified School District, et al. (1979) PERB Decision No. 84 where substitute school teachers were found to have "an established interest" if they taught at least 10 percent of the pupil school days in the current or previous year and where the person must have a reasonable expectation of continued employment. (Oakland Unified School District (1988) PERB Order No. Ad-172); p. 6. The Board found Seasonal lifeguards are eligible to vote if: (1) They worked for the state in two or more consecutive seasons, the most recent of which was the season closest to the voter eligibility cut-off date; (2) have worked a minimum of 10 percnet of the work year of a full-time lifeguard and the 12 months immediately preceding the voter eligibility cut-off date; and (3) have a reasonable expectation of continued employment in the next season after the voter eligibility voter eligibility cut-off date; and (3) have a reasonable expectation of continued employment in the next season after the voter eligibility election participation consistent with the requirement that voters have the substantial stake in the outcome in bargaining; pp. 57-58, proposed dec.; PERB has long limited the right to vote among part-time and temporary workers to those employees "within an established interest in employment relations" with the employer; p. 6. Government Code section 6254.3 sets out the general rule of confidentiality for the home addresses of the state employees and permits address disclosure for employees in PERB-conducted elections. The statute also maintains the confidentiality of home addresses for employees "performing law inforcement-related functions." Further, the section also precludes disclosure of home addresses from employees who request in writing that their address not be disclosed; pp. 40-41, proposed dec., fn. 43. Relying on Crumpler, et al. v. The Board Administration, (1973) proposed dec., fn. 43. Relying on Crumpler, et al. v. The Board Administration, (1973) to investigate crimes and pursue and arrest criminals, or which directly assist those officials; p. 9 . State properly withheld the home addresses of the highway patrol and state police communications operators and the criminal identification specialist as they regularly assist peace officers in their daily duties and do, therefore, perform law enforcement related functions; p. 47, proposed dec. The State was not entitled to withhold the home addresses in Unit 7 of all employees in the positions of motor carrier specialist, deputy registrar of contractors, DMV licensing inspector, DMV licensing and registration examiner, program representative for the Bureau of Automotive Repair, brand inspector conservationist, dairy food specialist, fire fighter and seasonal lifeguard; p. 48, proposed dec. Determination of the sufficiency of support is not identical to the determination of voter eligibility; p. 51, proposed dec. determination of voter eligibility; p. 51, proposed dec.