REPRESENTATION ISSUES; OBJECTION TO ELECTIONS – Burden of Proof

Single Topic for Decision A278E

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PERB treats the demonstration of unlawful conduct in the election as a threshold question. The next issue is whether the unlawful activities establish a probable impact on the employees' vote. The Board does not require the objecting party to prove the conduct actually impacted the employees' votes. In deciding whether to set aside an election result, the Board will look at the totality of the circumstances and the cumulative effect of the conduct; p. 11. An objection regarding the integrity of the election process requires an assessment of whether the facts indicate a reasonable possibility that an irregularity occurred; p. 19. PERB will set aside an election if it determines that a party to the election jeopardized the integrity of the election process. The conduct must call into question the fairness and validity of the election; p. 21. conduct must call into question the fairness and validity of the election; p. 21. 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 election, the Board will set the election aside and order a new election; pp. 23-24.