REPRESENTATION ISSUES; ELECTIONS – Stay of

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In determining whether an election stay is warranted, PERB “does not resolve factual disputes” and “assumes that the essential facts alleged in the charge are true.” (Children of Promise Preparatory Academy (2015) PERB Order No. Ad-428, p. 9.) If the Board agent’s investigation reveals conflicting issues of material fact, the conflict must be resolved at the formal hearing; the Board agent may not resolve the conflict at the investigation stage. (Id. at p. 10.) (pp. 5-6.)