All notes for Subtopic 1303.06000 – Consent Election Agreement

DecisionDescriptionPERC Vol.PERC IndexDate
A465M San Diego Metropolitan Transit System * * * PUC TRANSIT CASE. PERB DECISION NUMBER CONTAINS INCORRECT LETTERING, AS CASE DID NOT ARISE UNDER MMBA * * *
1303.6000: REPRESENTATION ISSUES; ELECTIONS; Consent Election Agreement
PERB Regulation 32999 applies to elections conducted “pursuant to the local rules of an MMBA, Trial Court Act or Court Interpreter Act employer.” For representation matters arising under the transit district acts, SMCS is required to conduct appropriate elections, regardless of whether the parties enter into a consent election agreement. (PERB Regs. 93070, subd. (a)). more or view all topics or full text.
431106/12/18
A221S State of California (Department of Personnel Administration) (California State Employees Association)
1303.6000: REPRESENTATION ISSUES; ELECTIONS; Consent Election Agreement
PERB caselaw establishes that parties to a valid, PERB approved consent election agreement are bound by its terms; p. 11. PERB is bound to follow the terms of the consent election agreement. The fact that one party now disagrees with the terms of the consent election agreement does not preclude PERB from proceeding with the election; pp. 12-13. When a party agrees to explicit voter eligibility and challenged ballot provisions of a consent election agreement, the voter eligibility provisions of PERB Regulation 32728 are inapplicable; p. 13. PERB Regulation 32380(a) does not preclude appeal involving the proper interpretation of a consent election agreement, especially when the election has proceeded and the ballots are ready to be counted; p. 14. Unlike a certification or decertification election where PERB has a election has proceeded and the ballots are ready to be counted; p. 14. Unlike a certification or decertification election where PERB has a (or fair share) election; p. 10. Board's role in a consent election is ministerial as a matter of convenience to the parties concerned. more or view all topics or full text.
152210906/20/91
A226E Gilroy Unified School District
1303.6000: REPRESENTATION ISSUES; ELECTIONS; Consent Election Agreement
Provisions of a consent election agreement control the terms and conditions of an election. more or view all topics or full text.
162300712/12/91
A169E Fontana Unified School District
1303.6000: REPRESENTATION ISSUES; ELECTIONS; Consent Election Agreement
As parties entered into a consent election agreement and an election was held, Board dismissed decertification petition as moot; p. 4. more or view all topics or full text.
121910606/20/88
A156S State of California (Department of Personnel Administration) (Communications Workers of America)
1303.6000: REPRESENTATION ISSUES; ELECTIONS; Consent Election Agreement
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. Well-established contract law gives PERB the right to proceed to conduct an agency fee election based on its contract with employee organization to conduct such an election; 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. Pursuant to PERB Regulation 32710, PERB approved the parties agreement for a consent election. As no events transpired requiring the Pursuant to PERB Regulation 32710, PERB approved the parties agreement for a consent election. As no events transpired requiring the more or view all topics or full text.
101712906/27/86
0113E Los Angeles Unified School District (Service Employees International Union)
1303.6000: REPRESENTATION ISSUES; ELECTIONS; Consent Election Agreement
Where Board's original participation was limited to conducting consent election and the Board did not take a position on the appropriateness of the unit, the Board's function was solely ministerial to the parties; Board permits withdraw of ballots where parties settled disagreement as to unit composition; pp. 2-3. more or view all topics or full text.
41101001/16/80
0007E Belmont Elementary School District
1303.6000: REPRESENTATION ISSUES; ELECTIONS; Consent Election Agreement
In consent agreements, parties may agree to drop disputes. more or view all topics or full text.
12712/30/76
0001E Tamalpais Union High School District
1303.6000: REPRESENTATION ISSUES; ELECTIONS; Consent Election Agreement
Parties to a validly approved consent-election agreement are bound by its terms. more or view all topics or full text.
1107/20/76