REPRESENTATION ISSUES; OBJECTION TO ELECTIONS – In General
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1304.01000 – In General
Under PERB Regulation 32738(c), the Board will review objections to the conduct of an election only when: (1) the conduct complained of interfered with the employees' right to freely choose a representative; or (2) a serious irregularity in the conduct of the election; p. 3. Objectional conduct must include a factual showing that employee choice was affected or the conduct had the natural or probable effect of impacting employee choice; p. 4. After threshold showing is met, PERB will decide whether to set aside the election depending "upon the totality of the circumstances" raised in each case and, when appropriate, the cumulative effect of the conduct which forms the basis for the relief requested; p. 5. Under the "totality of circumstances" test, allegations raised did not rise to the level of conduct so objectionable as to warrant setting Under the "totality of circumstances" test, allegations raised did not rise to the level of conduct so objectionable as to warrant setting