REPRESENTATION ISSUES; ELECTIONS – Voter Eligibility/Lists/Home Addresses

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1303.07000 – Voter Eligibility/Lists/Home Addresses

In administering a decertification election involving a mixed bargaining unit of regular and intermittent employees, PERB must design a voter eligibility standard for intermittent employees that tends to enfranchise those with an “established interest” in employment relations with the employer based upon their having manifested a reasonable expectation of future employment. (State of California (Department of Personnel Administration) and California Union of Safety Employees (1992) PERB Decision No. 948-S, p. 6.) In such cases, “no test is perfect.” (Ibid.) Absent a reasonable stipulation by the parties resolving with sufficient clarity which intermittent employees can vote, PERB must establish a feasible, context-specific standard that reasonably relates to such employees’ objective future expectation, while minimizing the extent to which the standard is overinclusive or underinclusive. Such a feasible, context-specific voter eligibility test should be based on all relevant circumstances. A context-specific voter eligibility test is typically backward-looking and PERB prioritizes two or three types of criteria: a minimum quantity of past work (typically at least 10 percent of full time); recency (typically work in the prior 1-2 years); and, for positions with periodicity, PERB has discretion to require a second stint of employment to winnow out those for whom the past work was merely an isolated episode. (pp. 8-11.)