REPRESENTATION ISSUES; ELECTIONS – In General

Single Topic for Decision A434H

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PERB has generally construed its regulations governing representation matters narrowly and declined to look to private-sector authority for guidance when PERB’ s regulations expressly address the policy concerns underlying the practice and procedure of private-sector labor boards such as the National Labor Relations Board or Agricultural Labor Relations Board. Because PERB regulations, require that all representation elections affecting HEERA units “be conducted by secret ballot under the supervision of the Board,” and that the ballots for such elections also “shall be prepared under the supervision of the Board,” PERB refused to accept and count tie-breaking vote from employee who constructed his own homemade ballot after allegedly not receiving an official ballot.