REPRESENTATION ISSUES; OBJECTION TO ELECTIONS – In General

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It may be appropriate to consider new evidence that bears directly on timely objections. However, allegedly newly discovered evidence should normally be considered only upon clear and convincing proof that it is not only newly discovered, but also previously unavailable. Board will consider allegations of objectionable conduct which are based on events not raised prior to the formal hearing. Charging Party made no showing that the evidence concerning these events was newly discovered or previously unavailable. Conduct occurring prior to the filing of the petition will be considered in post-election objections only under certain circumstances. Although supervisor's surveillance of union meeting was improper, it lasted only a few minutes and occurred more than one month prior to the filing of the decertification petition, and over three months prior to the election. There was no evidence that this incident was part of a pattern of misconduct, nor was it so egregious as to be considered abusive of PERB's electoral process, and the allegations based on the surveillance were dismissed.