All notes for Subtopic 1205.11000 – Setting Aside of Election
| Decision | Description | PERC Vol. | PERC Index | Date |
|---|---|---|---|---|
| 1647E | Chula Vista Elementary School District 1205.11000: REMEDIES FOR UNFAIR PRACTICES; MISCELLANEOUS REMEDIAL PROVISIONS; Setting Aside of Election In determining whether to set aside an election, the Board looks at whether the employer’s unfair practices establish a “probable impact on the employees’ vote.” The question becomes whether the employer’s conduct would reasonably tend to coerce or interfere with employee choice. Actual impact need not be shown. In deciding whether to set aside an election result the Board will assess the totality of circumstances. Given the closeness of the election, threats quite extraordinary in their gravity, District awareness of the conduct and unwillingness to address it. The principal’s conduct tended to coerce or interfere with employee choice. (The ALJ declined to overturn the election because the charter school was not named as a party to the charge. The Board’s dissenting majority affirmed this ruling. more or view all topics or full text. | 28 | 184 | 06/23/04 |
| 0960E | Manton Joint Union Elementary School District 1205.11000: REMEDIES FOR UNFAIR PRACTICES; MISCELLANEOUS REMEDIAL PROVISIONS; Setting Aside of Election In determining whether to set aside an election the question is whether the various unlawful activities establish a probable impact on the employees' vote; whether the employer's conduct would reasonably tend to coerce or interfere with employee choice; p. 13, proposed dec. Union fails to provide any compelling reason to overcome the Board's policy to encourage prompt resolution of bargaining unit representation issues; p. 7. Union failed to establish what benefit would accrue to the employees by requiring them to wait a full year following resolution of the unfair practice charge to vote in the decertification election contrary to Board policy to encourage prompt resolution of representation issues; p. 5, p. 15, proposed dec. more or view all topics or full text. | 17 | 24003 | 11/23/92 |
| 0214E | Sacramento City Unified School District 1205.11000: REMEDIES FOR UNFAIR PRACTICES; MISCELLANEOUS REMEDIAL PROVISIONS; Setting Aside of Election Election ballots impounded by PERB ordered destroyed and new election ordered where District found in violation of duty of neutrality and interfered with election campaign; p. 11. more or view all topics or full text. | 6 | 13118 | 04/30/82 |
| 0977E | Sierra Sands Unified School District 1205.11000: REMEDIES FOR UNFAIR PRACTICES; MISCELLANEOUS REMEDIAL PROVISIONS; Setting Aside of Election For election objections to be sustained, some effect on the election result must either be shown or logically inferred. There is no evidence here that would establish a probable or actual impact upon the election result; pp. 13-15, proposed dec. An election result will not be overturned where it is unlikely the outcome was affected by the unlawful conduct; p. 4. more or view all topics or full text. | 17 | 24051 | 02/23/93 |