All notes for Subtopic 1303.01000 – In General

DecisionDescriptionPERC Vol.PERC IndexDate
A434H Regents of the University of California
1303.1000: REPRESENTATION ISSUES; ELECTIONS; In General
PERB has generally construed its regulations governing representation matters narrowly and declined to look to private-sector authority for guidance when PERB’ s regulations expressly address the policy concerns underlying the practice and procedure of private-sector labor boards such as the National Labor Relations Board or Agricultural Labor Relations Board. Because PERB regulations, require that all representation elections affecting HEERA units “be conducted by secret ballot under the supervision of the Board,” and that the ballots for such elections also “shall be prepared under the supervision of the Board,” PERB refused to accept and count tie-breaking vote from employee who constructed his own homemade ballot after allegedly not receiving an official ballot. more or view all topics or full text.
02/29/16
A434H Regents of the University of California
1303.1000: REPRESENTATION ISSUES; ELECTIONS; In General
PERB has generally construed its regulations governing representation matters narrowly and declined to look to private-sector authority for guidance when PERB’ s regulations expressly address the policy concerns underlying the practice and procedure of private-sector labor boards such as the National Labor Relations Board or Agricultural Labor Relations Board. Because PERB regulations, require that all representation elections affecting HEERA units “be conducted by secret ballot under the supervision of the Board,” and that the ballots for such elections also “shall be prepared under the supervision of the Board,” PERB refused to accept and count tie-breaking vote from employee who constructed his own homemade ballot after allegedly not receiving an official ballot. more or view all topics or full text.
02/29/16
2252M County of Calaveras
1303.1000: REPRESENTATION ISSUES; ELECTIONS; In General
County did not violate MMBA and local rules when it selected retired mediator as neutral third party to supervise election. more or view all topics or full text.
3615804/18/12
1916M County of Imperial
1303.1000: REPRESENTATION ISSUES; ELECTIONS; In General
A local rule providing that a representation election is valid only if a majority of eligible employees vote in the election frustrates the purposes of the MMBA and is therefore unreasonable. 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 in such cases is whether the employer’s conduct would reasonably tend to coerce or interfere with employee choice. Actual impact need not be shown. more or view all topics or full text.
3112006/28/07
I055M County of San Joaquin (Health Care Services)
1303.1000: REPRESENTATION ISSUES; ELECTIONS; In General
Injunctive relief granted where Board found reasonable cause to believe that employer suspended employee because he was union’s primary organizer. Injunctive relief was just and proper because suspension occurred during an election and the impact on the election could not be remedied by the Board at a later time. more or view all topics or full text.
253210909/05/01
A320E Robert L. Mueller Charter School
1303.1000: REPRESENTATION ISSUES; ELECTIONS; In General
Normally the composition of the unit is determined before the election but here an immediate election is warranted because there is: (1) lack of dispute over the essential nature of the unit and (2) need to prevent further delay in exercising voting rights. more or view all topics or full text.
274603/05/03
A221S State of California (Department of Personnel Administration) (California State Employees Association)
1303.1000: REPRESENTATION ISSUES; ELECTIONS; In General
Unlike a certification or decertification election where PERB has a statutory duty to conduct the election, PERB is not required, by statute or PERB Regulations, to conduct an agency fee (or fair share) election; p. 10. more or view all topics or full text.
152210906/20/91
A164E Peralta Community College District
1303.1000: REPRESENTATION ISSUES; ELECTIONS; In General
As issue voted on by employees was identical to that which would have been presented by a decertification election alone, Board finds that employees were not misled or otherwise affected by the appearance on the ballot of the unit configuration question. Therefore, no new election ordered; pp. 10-11. more or view all topics or full text.
111811006/18/87
A156S State of California (Department of Personnel Administration) (Communications Workers of America)
1303.1000: REPRESENTATION ISSUES; ELECTIONS; In General
Denying the employee the chance to vote in an agency fee election would violate the MOU and result in a violation of section 3515 by requiring the employees to participate in union activities, through use of the agency fee, in spite of the lack of authorization for such usage after July 1, 1986 (pursuant to the MOU provisions); p. 10. Through statutory interpretation, PERB is authorized to take the action necessary to implement the protections of section 3515 to hold the election as originally agreed to by the parties; pp. 10-11. more or view all topics or full text.
101712906/27/86
A093S State Employer-Employee Relations Act - Service Employees International Union, Local 411
1303.1000: REPRESENTATION ISSUES; ELECTIONS; In General
Regulation 32410 necessitates a finding of extraordinary circumstances prior to the granting of a request for reconsideration; this standard not satisfied where employee organization seeks reconsideration of the ballot-eligibility cut-off date established in previous unit determination decision and regional director's denial of its status of "election requestor" on the ballot, but where appellant is eligible to appear on the ballot, the ballot does not distinguish between requestors and intervenors, and placement of names on ballot is determined by the parties or by chance. more or view all topics or full text.
41110606/11/80
A086E San Ramon Valley Unified School District
1303.1000: REPRESENTATION ISSUES; ELECTIONS; In General
Tie vote in an organizational security election is determinative of the outcome; employee organization failed to record a majority vote favoring a negotiated organizational security provision as required under EERA; no run-off election may be ordered; pp. 1-2. more or view all topics or full text.
41107304/29/80
A069E Los Gatos Joint Union High School District (Blakiston)
1303.1000: REPRESENTATION ISSUES; ELECTIONS; In General
Regional director's administrative authority also extends to the election process under Reg. 33460. more or view all topics or full text.
31009307/06/79
A345E California School Employees Association and Its Chapter 56 and Turlock Classified American Federation of Teachers
1303.1000: REPRESENTATION ISSUES; ELECTIONS; In General
Request for stay of election not proper when based only on desire to allow internal procedures of union to proceed. Regulation addressing stay of election only involves stays in light of pending unfair practice charges. (PERB Reg. 32752.) more or view all topics or full text.
296101/26/05
0947E Palomar Community College District
1303.1000: REPRESENTATION ISSUES; ELECTIONS; In General
EERA grants broad authority to the Board to adopt regulations governing the conduct of representation elections. In implementing this authority the Board has adopted regulations which require the determination of an appropriate bargaining unit prior to ordering a representation election. more or view all topics or full text.
162311107/14/92