REPRESENTATION ISSUES; OBJECTION TO ELECTIONS – In General

Single Topic for Decision A310E

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Pursuant to Regulation 32738, objections to the conduct of an election are entertained by PERB on only two grounds: 1) The conduct complained of interfered with the employees' right to freely choose a representative, or 2) Serious irregularity in the conduct of the election. A party objecting to an election result must first present a prima facie showing of conduct that constitutes one of the two grounds. This includes a factual showing that employee choice was affected or that the conduct complained of had a natural and probable effect on employee choice. After this threshold showing is met, PERB will decide whether to set aside the election result depending upon the totality of circumstances. Thus, even where some impact on voters can be inferred, the election result will not automatically be set aside.