REPRESENTATION ISSUES; OBJECTION TO ELECTIONS – Employer Conduct

Single Topic for Decision A387M

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In ruling on election objections, PERB’s inquiry is whether the employer’s conduct interfered with employees’ right to choose a representative. An election will be set aside only when the conduct actually affects, or has a natural or probable effect on, employee free choice. The conduct need not constitute an unfair practice to set aside the election. Conversely, conduct amounting to an unfair practice does not necessarily require the election to be set aside. Election objections properly dismissed when no more than a handful of employees knew of the employer’s alleged conduct and thus the conduct did not affect, or have a probable effect on, employee free choice in the election.