REPRESENTATION ISSUES; OBJECTION TO ELECTIONS – In General
Single Topic for Decision 1038H
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1304.01000 – In General
PERB Regulation 32738 sets out two grounds for objections to the conduct of an election: 1) The conduct complained of interfered with the employees' right to freely choose a representative, or 2) serious irregularity in the conduct of the election; p. 10, proposed dec. For election objections to be sustained, some effect on the election result either must be shown or logically inferred; p. 11, proposed dec. Even the demonstration of unlawful conduct in the election environment is but "a threshold question." (State of California (Department of Personnel Administration, et al.) (1986) PERB Decision No. 601-S.); p. 11, proposed dec. The basic question is whether the various unlawful activities establish a "probable impact on the employees' vote." (Jefferson Elementary School District (1981) PERB Decision No. 164.) In deciding whether to set aside the election employees' vote." (Jefferson Elementary School District (1981) PERB Decision No. 164.) In deciding whether to set aside the election effect of the conduct which forms the basis for the relief requested." (Clovis Unified School District (1984) PERB Decision No. 389.); p. 11, proposed dec.