REPRESENTATION ISSUES; ELECTIONS – Stay of

Single Topic for Decision A146S

View all topics for Decision A146S

Full Decision Text (click on the link to view): Full Text

Pendency of a unit modification petition does not justify stay of election. Party to election can challenge the votes of persons who could be affected by the unit modification. Decertification election cannot be stayed so incumbent exclusive representative can complete negotiations with employer. Timelines set out in PERB regulations are deliberately drawn so that a decertification effort can occur where a collective agreement is about to expire.