REPRESENTATION ISSUES; OBJECTION TO ELECTIONS – Burden of Proof

Single Topic for Decision A306E

View all topics for Decision A306E

Full Decision Text (click on the link to view): Full Text

PERB has refused to be constrained to follow NLRB per se rules in the area of election objections and has rejected rigid application of a "laboratory conditions" test. (See e.g., Sierra Sands Unified School District (1993) PERB Decision No. 977; Tamalpais Union High School District (1976) EERB Decision No. 1.) PERB looks to the totality of circumstances and the cumulative effect of the conduct alleged. Vague and unsubstantiated objections like blue envelopes appear to have been opened and resealed are rejected.