REPRESENTATION ISSUES; ELECTIONS – Blocking Charge

Single Topic for Decision A504M

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The Board adopted the Office of the General Counsel’s (OGC) administrative determination, noting that OGC employed the proper standard for whether to stay an election pending a blocking charge: “the Board agent must analyze whether the conduct alleged ‘is of such character and seriousness that, if it were proven to have occurred, it would be reasonable to infer that it would contribute to employee dissatisfaction and hence prevent a fair election.’” (Regents of the University of California (1984) PERB Decision No. 381-H, p. 6.) Further, the administrative determination correctly explains “[t]he only relevant issue is whether the employer’s conduct, as alleged in the complaint, will so taint the election process as to interfere with employee free choice.” (Imagine Schools at Imperial Valley (2016) PERB Order No. Ad-431, p. 13.) (p. 7.)