REPRESENTATION ISSUES; ELECTIONS – Consent Election Agreement
Single Topic for Decision A221S
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1303.06000 – Consent Election Agreement
PERB caselaw establishes that parties to a valid, PERB approved consent election agreement are bound by its terms; p. 11. PERB is bound to follow the terms of the consent election agreement. The fact that one party now disagrees with the terms of the consent election agreement does not preclude PERB from proceeding with the election; pp. 12-13. When a party agrees to explicit voter eligibility and challenged ballot provisions of a consent election agreement, the voter eligibility provisions of PERB Regulation 32728 are inapplicable; p. 13. PERB Regulation 32380(a) does not preclude appeal involving the proper interpretation of a consent election agreement, especially when the election has proceeded and the ballots are ready to be counted; p. 14. Unlike a certification or decertification election where PERB has a election has proceeded and the ballots are ready to be counted; p. 14. Unlike a certification or decertification election where PERB has a (or fair share) election; p. 10. Board's role in a consent election is ministerial as a matter of convenience to the parties concerned.