REPRESENTATION ISSUES; OBJECTION TO ELECTIONS – Union Conduct

Single Topic for Decision A278E

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Union prize drawings that required the voters to identify themselves, did not require the voters to identify their affiliation or how they voted, and were held after ballots were mailed to PERB were not an unlawful promise and grant of valuable benefits during an election period; pp. 18-19. 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. 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 outcome of the election. Since this conduct compromises the fairness and integrity of the whether the conduct was determinative on the outcome of the election. Since this conduct compromises the fairness and integrity of the involved; pp. 23-24.