REPRESENTATION ISSUES; ELECTIONS – In General
Single Topic for Decision 1916M
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1303.01000 – In General
A local rule providing that a representation election is valid only if a majority of eligible employees vote in the election frustrates the purposes of the MMBA and is therefore unreasonable. 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 in such cases is whether the employer’s conduct would reasonably tend to coerce or interfere with employee choice. Actual impact need not be shown.