All notes for Subtopic 1303.05000 – Challenged Ballots

DecisionDescriptionPERC Vol.PERC IndexDate
A502E Pasadena Area Community College District
1303.05000: REPRESENTATION ISSUES; ELECTIONS; Challenged Ballots
The Office of General Counsel (OGC) should impound challenged ballots without opening them and resolve challenges only if there are sufficient challenges to potentially impact the outcome. If that is the case, OGC may choose to resolve all challenges, or a subset based on limited issues that may be sufficient to render the remainder non-determinative. OGC should strive for efficiency in resolving challenges, as it does in compliance proceedings. (See, e.g., Bellflower Unified School District (2021) PERB Decision No. 2796, p. 22 [discussing option to accept sworn declarations in lieu of convening a compliance hearing].) (p. 16 & fn. 7.) more or view all topics or full text.
481906/28/23
A080E Franklin-McKinley School District
1303.05000: REPRESENTATION ISSUES; ELECTIONS; Challenged Ballots
Employee organization's appeal of regional director's refusal to conduct representation election subject to ballot challenge is moot and therefore dismissed where employer's exceptions to underlying unit determinations have been resolved by Board and no remaining question exists as to appropriate unit; p. 2. more or view all topics or full text.
31014310/26/79
1038H Regents of the University of California (Lawrence Livermore National Laboratory)
1303.05000: REPRESENTATION ISSUES; ELECTIONS; Challenged Ballots
Employee failed to establish that she actually requested a mail ballot in accordance with the consent election agreement. Employee testified that she would not have voted anyway; p. 6; p. 16, proposed dec. more or view all topics or full text.
182505203/04/94
0947E Palomar Community College District
1303.05000: REPRESENTATION ISSUES; ELECTIONS; Challenged Ballots
Election will not commence with a challenged ballot procedure prior to issuance of a final decision. PERB Regulations require that a final decision be issued before a representation election is conducted; p. 10. more or view all topics or full text.
162311107/14/92
0001E Tamalpais Union High School District
1303.05000: REPRESENTATION ISSUES; ELECTIONS; Challenged Ballots
Challenge to ballots of voters who were part-time deans upheld where consent-election agreement excludes "deans" from eligible voters. more or view all topics or full text.
1107/20/76
0079E Foothill-DeAnza Community College District
1303.05000: REPRESENTATION ISSUES; ELECTIONS; Challenged Ballots
A party may not use ballot challenges to attempt to relitigate issues decided in a pre-election unit determination proceeding; p. 2. The fact that the record was scant in the unit determination hearing is irrelevant since every party had the opportunity to present its case; p. 3. more or view all topics or full text.
31000312/18/78