REPRESENTATION ISSUES; OBJECTION TO ELECTIONS – Standing to File

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Where objections to an election have been dismissed, only the objecting party may appeal the dismissal to the Board itself. Unlike other regulations governing appeals to the Board itself, PERB Regulation 33009(g) is worded narrowly and specifically and is not a general grant of appeal rights as is found, for example, in PERB Regulation 32300(a), pertaining to exceptions to proposed decisions after an administrative hearing; or in PERB Regulation 32360(a), governing appeals from administrative decisions other than election objections; or in PERB Regulation 32635, permitting appeals by a charging party of a dismissal of an unfair practice charge. The narrow wording of PERB Regulation 33009(g) furthers the public policy favoring rapid and expedient resolution of representation matters, and for that it will be construed narrowly.