REMEDIES FOR UNFAIR PRACTICES; MISCELLANEOUS REMEDIAL PROVISIONS – Setting Aside of Election
Single Topic for Decision 1647E
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1205.11000 – Setting Aside of Election
In determining whether to set aside an election, the Board looks at whether the employer’s unfair practices establish a “probable impact on the employees’ vote.” The question becomes whether the employer’s conduct would reasonably tend to coerce or interfere with employee choice. Actual impact need not be shown. In deciding whether to set aside an election result the Board will assess the totality of circumstances. Given the closeness of the election, threats quite extraordinary in their gravity, District awareness of the conduct and unwillingness to address it. The principal’s conduct tended to coerce or interfere with employee choice. (The ALJ declined to overturn the election because the charter school was not named as a party to the charge. The Board’s dissenting majority affirmed this ruling.