REPRESENTATION ISSUES; ELECTIONS – Blocking Charge

Single Topic for Decision A403M

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The Office of the General Counsel (or Board agent), not the Board itself, investigates and determines in the first instance whether an election should be stayed because of a pending unfair practice charge. When a union’s contentions in its position statement put the Office of the General Counsel on notice of “alleged unlawful conduct [that] would so affect the election process as to prevent the employees from exercising free choice,” it is incumbent on the Office of the General Counsel to conduct an investigation pursuant to PERB Regulation 61190.