All notes for Subtopic 1303.07000 – Voter Eligibility/Lists/Home Addresses

DecisionDescriptionPERC Vol.PERC IndexDate
A502E Pasadena Area Community College District
1303.07000: REPRESENTATION ISSUES; ELECTIONS; Voter Eligibility/Lists/Home Addresses
Because there is a “clear distinction between voter eligibility and unit membership eligibility,” the Board “has consistently held that employees should be included in bargaining units regardless of how few hours they may work a year, while at the same time limiting who may vote in representation elections.” (Poway Unified School District (2015) PERB Decision No. 2441, p. 6; see also Oakland Unified School District (1988) PERB Order No. Ad-172, pp. 4-5 [distinguishing unit composition precedent from voter eligibility precedent]. (p. 10, fn. 6.) more or view all topics or full text.
481906/28/23
A502E Pasadena Area Community College District
1303.07000: REPRESENTATION ISSUES; ELECTIONS; Voter Eligibility/Lists/Home Addresses
Because part-time faculty who work intermittently do not necessarily lose all EERA rights between their assignments, the Board found no cause to limit voting rights to those part-time faculty working at the time a petition is filed. Instead, PERB employed a look-back using criteria that tend, on average, to winnow out those lacking a reasonable expectation of future employment. (pp. 11-12.) more or view all topics or full text.
481906/28/23
A502E Pasadena Area Community College District
1303.07000: REPRESENTATION ISSUES; ELECTIONS; Voter Eligibility/Lists/Home Addresses
In administering a decertification election involving a mixed bargaining unit of regular and intermittent employees, PERB must design a voter eligibility standard for intermittent employees that tends to enfranchise those with an “established interest” in employment relations with the employer based upon their having manifested a reasonable expectation of future employment. (State of California (Department of Personnel Administration) and California Union of Safety Employees (1992) PERB Decision No. 948-S, p. 6.) In such cases, “no test is perfect.” (Ibid.) Absent a reasonable stipulation by the parties resolving with sufficient clarity which intermittent employees can vote, PERB must establish a feasible, context-specific standard that reasonably relates to such employees’ objective future expectation, while minimizing the extent to which the standard is overinclusive or underinclusive. Such a feasible, context-specific voter eligibility test should be based on all relevant circumstances. A context-specific voter eligibility test is typically backward-looking and PERB prioritizes two or three types of criteria: a minimum quantity of past work (typically at least 10 percent of full time); recency (typically work in the prior 1-2 years); and, for positions with periodicity, PERB has discretion to require a second stint of employment to winnow out those for whom the past work was merely an isolated episode. (pp. 8-11.) more or view all topics or full text.
481906/28/23
A502E Pasadena Area Community College District
1303.07000: REPRESENTATION ISSUES; ELECTIONS; Voter Eligibility/Lists/Home Addresses
PERB Regulation 32728, entitled Voter Eligibility, provides, in part: “Unless otherwise directed by the Board, to be eligible to vote in an election, employees must be employed in the voting unit as of the cutoff date for voter eligibility, and still employed on the date they cast their ballots in the election.” Thus, Regulation 32728 provides the Board with discretion to set a voter eligibility standard different from the default standard the regulation sets out. The Board found no cause to vary from the default standard for the District’s regular faculty. The Board reached a different conclusion for the District’s part-time faculty because they are intermittent employees, concluding that they may vote if their work on behalf of the District includes serving in a unit position during two or more of the most recent six instructional terms, including at least one of the most recent three instructional terms. (p. 8.) more or view all topics or full text.
481906/28/23
A502E Pasadena Area Community College District
1303.07000: REPRESENTATION ISSUES; ELECTIONS; Voter Eligibility/Lists/Home Addresses
Exclusive representative asked Board agent to certify an interlocutory appeal to the Board over whether the Board agent’s administrative determination (AD) erred in establishing a certain voter eligibility test for a decertification election. The unit consists of full-time (regular) faculty and part-time (temporary) faculty. Many part-time faculty work intermittently, meaning they work some terms but not others, or work for one term only. The AD concluded that faculty are eligible to vote if they worked during either the Fall 2022 or Spring 2023 terms. The exclusive representative filed an interlocutory appeal, arguing that this standard would enfranchise many part-time faculty who do not have a reasonable expectation of future employment. The Board agent certified the appeal to the Board pursuant to PERB Regulation 32200. The Board partially sustained the appeal, holding as follows. Regular faculty may vote if they are employed in the unit on the eligibility cutoff date and are still employed when they cast their ballots. Because the District’s part-time faculty are intermittent employees, they may vote if their work on behalf of the District includes serving in a unit position during two or more of the most recent six instructional terms, including at least one of the most recent three instructional terms. The Board overruled State of California (Department of Personnel Administration) and Association of Staff, Administrative and Financial Employees (1985) PERB Decision No. 532-S to the extent it can be read as requiring the Office of the General Counsel to apply the same eligibility standards at the proof of support stage and the election stage. (pp. 4-5, 14-15.) more or view all topics or full text.
481906/28/23
A246S State of California (Department of Personnel Administration) (California Union of Safety Employees)
1303.07000: REPRESENTATION ISSUES; ELECTIONS; Voter Eligibility/Lists/Home Addresses
32726(b) grants the Board the authority to determine on a case-by-case basis whether release of employee home addresses is likely to be harmful within a specific election context; p. 17. The likelihood of harm may be demonstrated in a physical sense, such as with violence or threats of harm, prompting the Board to conclude that nondisclosure of some or all employee home addresses is appropriate; p. 18. Harm other than physical harm may occur in the context of a representation election. An example of non-physical harm would be the inconsistent or unequal treatment of an employee or group of employees without clear and distinguishable grounds to do so; p. 18. The inconsistent and unequal treatment of a number of unit 7 employees is sufficient for the Board to conclude under Regulation 32726(b) that it is likely to be harmful to these employees to release their home is sufficient for the Board to conclude under Regulation 32726(b) that it is likely to be harmful to these employees to release their home more or view all topics or full text.
172410205/18/93
A221S State of California (Department of Personnel Administration) (California State Employees Association)
1303.07000: REPRESENTATION ISSUES; ELECTIONS; Voter Eligibility/Lists/Home Addresses
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. more or view all topics or full text.
152210906/20/91
A172E Oakland Unified School District
1303.07000: REPRESENTATION ISSUES; ELECTIONS; Voter Eligibility/Lists/Home Addresses
In fashioning an eligibility formula which will protect the voting rights of employees, the purposes of the EERA can best be achieved by limiting voter eligibility to substitutes who have worked more than 10% of the school year; p. 4. Palo Alto USD/Jefferson Un. HSD (1979) PERB Decision No. 84, which establishes rule that only substitutes who worked at least 10% of the school year were eligible to vote, applies to representation elections including decertification election; p. 7. Board reads Oakland USD (1983) PERB Decision No. 320 as defining who is in the unit, not who is eligible to vote. Voter eligibility is not addressed in Oakland USD, supra, but is governed by Palo Alto USD/ Jefferson Un. HSD (1979) PERB Decision No. 84; p. 5. more or view all topics or full text.
121912507/14/88
A088E Torrance Unified School District
1303.07000: REPRESENTATION ISSUES; ELECTIONS; Voter Eligibility/Lists/Home Addresses
In employer appeal of regional director's determination that voter list in an election must list home addressess pursuant to PERB regulation 32726, legality of regulation is not properly litigated; regional director is without discretion in ordering compliance with regulation, absent an allegation that the order violated regulation 32726; pp. 1-2. more or view all topics or full text.
41108005/06/80
A084E Oakland Unified School District
1303.07000: REPRESENTATION ISSUES; ELECTIONS; Voter Eligibility/Lists/Home Addresses
Regional director's order that employer provide employee list with home addresses is non-appealable under PERB Regulation 32380 unless employer can show order violated Regulation 32726, by demonstating that harm to the employees will result from such an order or the existence of some law precluding the release of employee addresses; pp. 3-4. Issue of legality of PERB Regulation requiring employer to disclose employees' home addresses on voter eligibility list is not addressable on appeal of regional director's order to employer to provide such addresses; Board will not address legality of its own regulations; proper forum for repeal of regulation is Board's quasi-legislative rule-making process; p. 4. Regional director is without discretion under PERB Regulation 32726 either as to the requirement that an employee list be produced or as Regional director is without discretion under PERB Regulation 32726 either as to the requirement that an employee list be produced or as more or view all topics or full text.
41106204/15/80
0084E Palo Alto Unified School District/Jefferson Union High School District
1303.07000: REPRESENTATION ISSUES; ELECTIONS; Voter Eligibility/Lists/Home Addresses
Choice of negotiating agent for substitute teachers should be limited to those substitutes with an established interest in employment relations with the district, therefore, those on current substitute list who were employed at least 10% of pupil school days previous year or 10% of current school year are eligible to vote; p. 10. more or view all topics or full text.
31002001/09/79
0028E San Diego Community College District
1303.07000: REPRESENTATION ISSUES; ELECTIONS; Voter Eligibility/Lists/Home Addresses
Employee on extended informal leave of absence as of eligibility date was eligible voter as her employment was in good standing in view of the employer. more or view all topics or full text.
144709/16/77
0948S State of California (Department of Personnel Administration)
1303.07000: REPRESENTATION ISSUES; ELECTIONS; Voter Eligibility/Lists/Home Addresses
Based on voting eligibility standards set forth in Palo Alto Unified School District, et al. (1979) PERB Decision No. 84 where substitute school teachers were found to have "an established interest" if they taught at least 10 percent of the pupil school days in the current or previous year and where the person must have a reasonable expectation of continued employment. (Oakland Unified School District (1988) PERB Order No. Ad-172); p. 6. The Board found Seasonal lifeguards are eligible to vote if: (1) They worked for the state in two or more consecutive seasons, the most recent of which was the season closest to the voter eligibility cut-off date; (2) have worked a minimum of 10 percnet of the work year of a full-time lifeguard and the 12 months immediately preceding the voter eligibility cut-off date; and (3) have a reasonable expectation of continued employment in the next season after the voter eligibility voter eligibility cut-off date; and (3) have a reasonable expectation of continued employment in the next season after the voter eligibility election participation consistent with the requirement that voters have the substantial stake in the outcome in bargaining; pp. 57-58, proposed dec.; PERB has long limited the right to vote among part-time and temporary workers to those employees "within an established interest in employment relations" with the employer; p. 6. Government Code section 6254.3 sets out the general rule of confidentiality for the home addresses of the state employees and permits address disclosure for employees in PERB-conducted elections. The statute also maintains the confidentiality of home addresses for employees "performing law inforcement-related functions." Further, the section also precludes disclosure of home addresses from employees who request in writing that their address not be disclosed; pp. 40-41, proposed dec., fn. 43. Relying on Crumpler, et al. v. The Board Administration, (1973) proposed dec., fn. 43. Relying on Crumpler, et al. v. The Board Administration, (1973) to investigate crimes and pursue and arrest criminals, or which directly assist those officials; p. 9 . State properly withheld the home addresses of the highway patrol and state police communications operators and the criminal identification specialist as they regularly assist peace officers in their daily duties and do, therefore, perform law enforcement related functions; p. 47, proposed dec. The State was not entitled to withhold the home addresses in Unit 7 of all employees in the positions of motor carrier specialist, deputy registrar of contractors, DMV licensing inspector, DMV licensing and registration examiner, program representative for the Bureau of Automotive Repair, brand inspector conservationist, dairy food specialist, fire fighter and seasonal lifeguard; p. 48, proposed dec. Determination of the sufficiency of support is not identical to the determination of voter eligibility; p. 51, proposed dec. determination of voter eligibility; p. 51, proposed dec. more or view all topics or full text.
162313108/06/92