REPRESENTATION ISSUES; OBJECTION TO ELECTIONS – In General
Single Topic for Decision A278E
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1304.01000 – In General
PERB Regulation 32738(c); For PERB to sustain election objections, an effect on the election result must be shown or logically inferred. The Board will infer the effect if the actions had the natural and probable effect of discouraging voter participation in the representation election; p. 11. When a party to the election engages in a concerted effort to obtain unsupervised access to marked ballots, in direct violation of PERB's voting instructions, the laboratory conditions of the election are compromised. This conduct calls into question the fairness, validity and integrity of the election; p. 23. When a party engages in a concerted effort to gain unsupervised access to marked ballots, the Board will not evaluate the party's intent, consider whether the party's unsupervised possession led to tampering, or determine whether the conduct was determinative on the consider whether the party's unsupervised possession led to tampering, or determine whether the conduct was determinative on the aside and order a new election; pp. 23-24.