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1304.02000 – PERB Conduct

The commission of an act by a Board agent conducting an election which tends to destroy confidence in the Board's election process, or which could reasonably be interpreted as impugning the election standards we seek to maintain, is a sufficient basis for setting aside the election. (Athbro Precision Engineering Corp., 166 NLRB No. 116, 65 LRRM 1699.) Election objections regarding the integrity of the election process require assessment of whether a reasonable possibility of irregularity exists. Since this is paramount, "the Board goes to great lengths to ensure that the manner in which elections are conducted raises no reasonable doubt as to their fairness or validity." However, "an election need not be perfect to be valid. Mistakes are made in any human endeavor. The question is whether the mistakes were sufficient to affect the outcome" of the election. (State of California (1986) PERB Decision No. 601). Grounds to set aside election found where there was a significant question as to the number of ballots received by PERB and the potential of missing ballots are sufficient in number to affect the outcome. A lack of confidence in the election appears justified given this discrepancy and the totality of events including the initial misplacement of 71 ballots, their subsequent count and addition to the earlier tally, and the recount where a new tally of ballots was issued to correct mistakes contained in the earlier tallies.