All notes for Subtopic 1303.04000 – Blocking Charge

DecisionDescriptionPERC Vol.PERC IndexDate
A470E Children of Promise Preparatory Academy
1303.4000: REPRESENTATION ISSUES; ELECTIONS; Blocking Charge
The Board may stay a decertification election to decide a party’s pending blocking charge, i.e. whether the employee’s dissatisfaction with their representative is in all likelihood attributable to the employer’s unfair practices rather than the representative’s failure to respond to and serve the needs of the employees it represents. (pp. 2-3, fn. 2.) more or view all topics or full text.
438211/29/18
A470E Children of Promise Preparatory Academy
1303.4000: REPRESENTATION ISSUES; ELECTIONS; Blocking Charge
Where there is a final determination that the employer engaged in misconduct interfering with a representative’s ability to effectively represent bargaining unit employees (pp. 2-3), OGC may subsequently rely on the determination to find that the employer’s unlawful conduct would likely affect a decertification election and offer the employer an opportunity to show that any adverse effects of that conduct on employee free choice no longer exists, thereby permitting an election. (p. 5.) more or view all topics or full text.
438211/29/18
A470E Children of Promise Preparatory Academy
1303.4000: REPRESENTATION ISSUES; ELECTIONS; Blocking Charge
The proper inquiry in a blocking charge is not the employees’ motivation for filing a decertification petition but whether the employer’s alleged unlawful conduct would prevent bargaining unit employees from exercising free choice in an election. (p. 6, fn. 5.) more or view all topics or full text.
438211/29/18
A470E Children of Promise Preparatory Academy
1303.4000: REPRESENTATION ISSUES; ELECTIONS; Blocking Charge
Where a blocking charge proves an employer engaged in unlawful conduct likely to affect a decertification election, the employer may present facts to overcome the likelihood that its unlawful conduct has affected voter choice. (p. 6.) Employee declarations, submitted by the employer, attesting to conditions as they existed when they filed the decertification petition do not provide any evidence that the present conditions are now neutral as required for a fair election. (pp. 3-4, 6.) more or view all topics or full text.
438211/29/18
A470E Children of Promise Preparatory Academy
1303.4000: REPRESENTATION ISSUES; ELECTIONS; Blocking Charge
The proper inquiry in a blocking charge is not the employees’ motivation for filing a decertification petition but whether the employer’s alleged unlawful conduct would prevent bargaining unit employees from exercising free choice in an election. (p. 6, fn. 5.) more or view all topics or full text.
438211/29/18
A428E Children of Promise Preparatory Academy
1303.4000: REPRESENTATION ISSUES; ELECTIONS; Blocking Charge
PERB has adopted the “blocking charge rule” used by the National Labor Relations Board in the private sector. PERB does not apply the blocking charge rule mechanically, but rather determines on a case-by-case basis whether applying the rule will serve the purposes of the statutes enforced by PERB. Each stay is to be investigated and evaluated on its merits rather than being disposed of by rote application of a blocking charge rule. Pleasant Valley Elementary School District (1984) PERB Decision No. 380 interpreted PERB Regulation 32752 such that the ‘Board agent’s obligation is to determine whether the facts alleged in the unfair practice complaint, if true, would be likely to affect the vote of employees, and, thus, the outcome of the election.” The Board agent is obligated to presume that the allegations in the blocking charge are true: The District’s defense and answer on the merits of the complaint allegations are matters to be addressed in the unfair practice hearing. It is neither the Board agent’s obligation nor function to resolve disputed facts or venture into pre-judgment of the merits of the unfair practice complaint. It appears that the neutral conditions required for a fair election were tainted by the Academy’s alleged conduct. The employees’ dissatisfaction with the Association in this case may likely be attributed to the Academy’s refusal to provide contact information, rather than to the Association’s failure to respond to and serve the needs of the employees it represents. It is therefore appropriate for PERB to delay the decertification election. The Academy’s alleged refusal to provide information relevant to bargaining would impede the Association’s ability to effectively negotiate with the Academy and could have the effect of making the Association appear weak and ineffective in the eyes of bargaining unit members. If it is true the Academy engaged in bad faith bargaining, such conduct would affect the exercise for free choice and an election may properly be blocked where there has been a failure to bargain in good faith since that conduct by its very nature undercuts support for an individual union or unions in general, and renders a fair election impossible. more or view all topics or full text.
402306/29/15
A403M City of Fremont
1303.4000: REPRESENTATION ISSUES; ELECTIONS; Blocking Charge
The Office of the General Counsel (or Board agent), not the Board itself, investigates and determines in the first instance whether an election should be stayed because of a pending unfair practice charge. When a union’s contentions in its position statement put the Office of the General Counsel on notice of “alleged unlawful conduct [that] would so affect the election process as to prevent the employees from exercising free choice,” it is incumbent on the Office of the General Counsel to conduct an investigation pursuant to PERB Regulation 61190. more or view all topics or full text.
388711/21/13
A219E Pasadena Area Community College District
1303.4000: REPRESENTATION ISSUES; ELECTIONS; Blocking Charge
Employee organization relinquishes opportunity to procure a blocking order if it settles the unfair with the employer even where employer admits to Government Code violations. more or view all topics or full text.
152201412/17/90
A156S State of California (Department of Personnel Administration) (Communications Workers of America)
1303.4000: REPRESENTATION ISSUES; ELECTIONS; Blocking Charge
As the conduct by DPA, alleged in an unfair practice charge, preceeded the signing of the election agreement, Board refused to suspend election pending the resolution of the charge; p. 7. more or view all topics or full text.
101712906/27/86
A151S State of California (Department of Personnel Administration) (Communication Workers of America, Psych Techs, Local 11555 and California Association of Psychiatric Technicians)
1303.4000: REPRESENTATION ISSUES; ELECTIONS; Blocking Charge
The alleged posting on employee bulletin boards of various management memoranda are not sufficient to establish a blocking charge. The facial neutrality of the memoranda coupled with their limited posting both in time and place are insufficient to prevent the employees from exercising free choice. Allegation that the filing and later withdrawal of a unit modification petition created a divisive election issue insufficient to justify blocking of election. Rather, allegation can be raised as an objection following election. more or view all topics or full text.
101701212/13/85
A082E Jefferson School District
1303.4000: REPRESENTATION ISSUES; ELECTIONS; Blocking Charge
On appeal of a decision of regional director to dissolve a stay order and proceed to a decertification election based on his determination after investigation that the pending unfair practice charge against the employer would not so affect the election process as to prevent the employees from freely selecting their exclusive representative, proper inquiry by Board is whether the discretion delegated to the regional director by the Board has been abused; finding of abuse of discretion would be appropriate if regional director failed to conduct a satisfactory investigation or if determination made by regional director was contrary to the facts; pp. 9-12. Absent other evidence of bad faith, when the parties have reached agreement on many items, including some of the items raised in a pending unfair practice charge alleging failure to negotiate in good faith, charge based on negotiability is akin to a technical refusal to pending unfair practice charge alleging failure to negotiate in good faith, charge based on negotiability is akin to a technical refusal to Passage of time can dissipate the influence an employer's unlawful conduct has on a decertification election; p. 15. more or view all topics or full text.
41103203/07/80
A075E San Ramon Valley Unified School District
1303.4000: REPRESENTATION ISSUES; ELECTIONS; Blocking Charge
Board consents to vacating a blocking order at the request of the union which originally requested the block. more or view all topics or full text.
31012810/04/79
A066E Jefferson School District
1303.4000: REPRESENTATION ISSUES; ELECTIONS; Blocking Charge
PERB will block elections where a District's alleged unlawful conduct will so affect the election process as to prevent the employees from freely selecting their exclusive representative. The rule will not be applied mechanically. more or view all topics or full text.
31008706/29/79
A022E Jefferson School District
1303.4000: REPRESENTATION ISSUES; ELECTIONS; Blocking Charge
Decertification election properly stayed pending outcome of unfair practice charges that could affect outcome of election; p. 1, admin. determination. more or view all topics or full text.
2202912/30/77
A002E Los Angeles Unified School District
1303.4000: REPRESENTATION ISSUES; ELECTIONS; Blocking Charge
Nature of matters raised as unfair practices and in appeals from directed election order is such that election may be conducted as scheduled; p. 1. more or view all topics or full text.
14101/09/77
A006E Santa Clara Unified School District
1303.4000: REPRESENTATION ISSUES; ELECTIONS; Blocking Charge
Regional director's decision to stay election until unfair practice charges resolved is sustained, unless waivers of right to file objections are received by all parties; p. 1. more or view all topics or full text.
16703/08/77
0960E Manton Joint Union Elementary School District
1303.4000: REPRESENTATION ISSUES; ELECTIONS; Blocking Charge
An election should continue to be stayed only if the employees' dissatisfaction with their representative is in all likelihood attributable to the employer's unfair practices rather than to the exclusive representative's failure to respond to and serve the needs of the employees it represents; p. 4. In order to preserve the employees' free choice in the matter of representation, the Board may delay a representation election when there is a substantial risk that its outcome will be affected by conduct that is alleged to be an unfair practice when that charge is still pending before the Board; p. 5. Unfair practice charge alleging that district superintendent's letter to employee group supporting decertification election constituted a blocking charge; p. 6, proposed dec. blocking charge; p. 6, proposed dec. more or view all topics or full text.
172400311/23/92
0387E Grenada Elementary School District
1303.4000: REPRESENTATION ISSUES; ELECTIONS; Blocking Charge
Affirming the regional director's order staying the decertification process, the Board rejected petitioners' argument that they were not motivated to file the decertification petition by the University's unfair labor practices. The Board further held that the motive of the individual petitioners was not determinative: the inquiry must be as to the potential impact of the alleged conduct on all of the employees in the unit. Allegations of complaint are taken as true for purposes of evaluating whether or not an election should be blocked; p. 14. Conduct occurring outside the 6 month limitations period will not be considered for purposes of deciding whether to stay an election; p. 15. Election may be properly blocked where there has been a failure to bargain in good faith since that conduct renders a fair election Election may be properly blocked where there has been a failure to bargain in good faith since that conduct renders a fair election occurred after the filing of the petition rather than before is immaterial in determining whether or not a fair election is possible. Focus is on ability of unit members to exercise free choice in election untainted by employer's unfair practices; p. 15. more or view all topics or full text.
81511506/29/84
0381H Regents of the University of California (Statewide University Police Association)
1303.4000: REPRESENTATION ISSUES; ELECTIONS; Blocking Charge
Affirming the regional director's order staying the decertification process, the Board rejected petitioners' argument that they were not motivated to file the decertification petition by the University's unfair labor practices. The Board further held that the motive of the individual petitioners was not determinative: the inquiry limited to the potential impact of the alleged conduct on all of the employees in the unit. more or view all topics or full text.
81507604/17/84