REPRESENTATION ISSUES; DECERTIFICATION – Stay of
Single Topic for Decision 2771M
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1302.03000 – Stay of
Election stay lifted following adjudication of unfair practice charge, where established violations were so limited that they would not tend to prevent a fair election from going forward. The first violation---that the City applied a rule concerning revocation of proof of support that was not contained in its EERR---has little tendency to impact employee free choice in the instant circumstances, as the only two revocations at issue were insufficient in number to change the petitioner’s proof of support and in any event, they arrived too late to be counted. The second of the two violations---that the City disclosed the identity of two employees who had sought to revoke their support for the Petition---could harm free choice for the two employees whose identities the City disclosed and possibly for other employees who learned of the disclosure. Nonetheless, PERB determined to dissolve the stay given that the record does not indicate whether the City’s disclosure tended to materially inhibit unit employees from freely deciding whether to change their exclusive representative in the coming months. To the extent evidence emerges suggesting that the City’s disclosure of two employees’ identities may, in fact, impact fair election conditions, incumbent union remains free to introduce such evidence via a post-election objection.