REPRESENTATION ISSUES; ELECTIONS – Stay of

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The grounds to challenge an administrative determination staying an election do not include a dispute about the facts. A determination to stay an election is not intended to involve adjudication of the unfair practice charge itself. (Children of Promise Preparatory Academy (2015) PERB Order No. Ad-428, adopting administrative determination at p. 15.) “It is neither the Board agent’s obligation nor function to resolve disputed facts or venture into a pre-judgment of the merits of the unfair practice complaint.” (Grenada Elementary School District (1984) PERB Decision No. 387, p. 13, quoting Pleasant Valley Elementary School District (1984) PERB Decision No. 380, p. 7.) Nor shall the Board agent resolve defenses and answers on the merits of the complaint, because those matters must be addressed in the unfair practice hearing. (Gompers Preparatory Academy (2020) PERB Order No. Ad-481, adopting administrative determination at p. 15.) The District’s arguments that the union cannot prove its blocking charge allegations are thus immaterial to OGC’s assessment of the stay request, and do not provide a reason to overturn OGC’s determination granting the stay. (pp. 7-8.)