All notes for Subtopic 1303.09000 – Stay of

DecisionDescriptionPERC Vol.PERC IndexDate
A470E Children of Promise Preparatory Academy
1303.9000: REPRESENTATION ISSUES; ELECTIONS; Stay of
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
1303.9000: REPRESENTATION ISSUES; ELECTIONS; Stay of
In determining whether to grant a stay of a representation election, OGC looks to “whether the facts alleged in the unfair practice charge, if true, would likely affect the vote of employees, and, thus, the outcome of the election.” (p. 5.) more or view all topics or full text.
438211/29/18
J027E California Virtual Academies
1303.9000: REPRESENTATION ISSUES; ELECTIONS; Stay of
(Representation matters generally should not be subject to unwarranted delay through pursuit of judicial review. If an election is not to be stayed pending judicial review, a fortiori, a unit determination and certification of exclusive representative is not to be stayed pending a party’s pursuit of judicial review.) more or view all topics or full text.
417409/30/16
A466E Grossmont Union High School District
1303.9000: REPRESENTATION ISSUES; ELECTIONS; Stay of
When exceptions to a proposed decision are filed, the proposed decision is effectively stayed pending a decision by the Board itself. (p. 6) In contrast to a proposed decision, an administrative decision is considered final and effective upon issuance unless the appealing party files a request for stay pursuant to PERB Regulation 32370. (p. 6) more or view all topics or full text.
431506/20/18
A428E Children of Promise Preparatory Academy
1303.9000: REPRESENTATION ISSUES; ELECTIONS; Stay of
PERB Regulation 32752 allows the Board to stay a representation election pending the resolution of an unfair practice charge and a finding that the alleged unlawful conduct could prevent the employees from exercising free choice. 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. In Regents of the University of California (1984) PERB Decision No. 381-H, the Board found that the motivation of the petitioner in seeking a decertification election is not determinative, because the relevant question is not the reasons the petition was filed, but whether the alleged unlawful conduct would so affect the election process as to prevent the employees from exercising free choice. The petitioner’s motives are not determinative and the only question to be answered is whether the alleged unlawful conduct by the Academy, if true, would so affect the election process as to prevent the employees from exercising free choice. more or view all topics or full text.
402306/29/15
A431E Imagine Schools of Imperial Valley
1303.9000: REPRESENTATION ISSUES; ELECTIONS; Stay of
PERB Regulation 32752 authorizes the Board to stay a representation election pending the resolution of an unfair practice charge alleging unlawful conduct which could prevent the employees from exercising free choice. PERB may delay decertification elections “in circumstances in which 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.” (Jefferson School District (1979) PERB Order No. Ad-66.) This determination is to be based on “the judgment and discretion of the [OGC] as applied to the facts ascertained in the investigation.” (Jefferson, supra, PERB Order No. Ad-82, p. 6.) The stay procedure “serves to insulate an election from unfair practices that may influence its outcome.” (Jefferson, supra, PERB Decision No. Ad-82.) “In considering the stay of an election, the [OGC’s] obligation is to determine whether the facts alleged in the unfair practice complaint, if true, would be likely to affect the vote of the employees and, thus, the outcome of the election.” (Pleasant Valley, supra, PERB Decision No. 380, p. 5.); see also Grenada, supra, PERB Decision No. 387, p. 14 [for purposes of evaluating whether an election should be blocked, the OGC must presume that the allegations in the complaint are true]. “It is neither the [OGC’s] obligation nor function to resolve disputed facts or venture into a pre-judgment of the merits of the unfair practice complaint.” (Pleasant Valley, supra, PERB Decision No. 380, p. 7.) In Statewide University Police Association (1984) PERB Decision No. 381-H, p. 6, the Board noted that the regional director “did not purport to prejudge the merits of the charge . . . . Rather, she correctly analyzed whether such conduct is of such character and seriousness that, if it were proven to have occurred, it would be reasonable to infer that it would contribute to employee dissatisfaction and hence prevent a fair election.” PERB’s investigation is “a limited one which involves primarily an investigation and analysis of the charges filed.” (Grenada, supra, PERB Decision No. 387, p. 15.) It is therefore improper “to reach beyond the subject matter of the complaint in making its decision whether or not to block.” (Id. at pp. 15-16 [responding to union’s argument that events outside the six-month statute of limitations should be considered]. The OGC properly assumed the truth of alleged speech of Imagine Schools’ agents, including Jiminez. The OGC surveyed prior stay decisions and concluded there were none in which a stay was granted or denied solely because of an employer’s anti-union speech. She then looked for guidance to PERB decisions setting aside election results based on employer speech. Many of those cases involved employer speech and other conduct. However, the OGC identified one decision in which employer speech was deemed sufficient to have impacted employee free choice. (Kern County Superintendent, supra, PERB Decision No. 533.) She relied on that decision and authorities cited therein, along with other Board decisions in election stay cases, to “inform” her application of the standard applicable under PERB Regulation 32752 to a request for stay of election. We conclude that in so doing the OGC did not abuse her discretion. more or view all topics or full text.
4012001/13/16
J018H Regents of the University of California and Association of Student Employees, United Automobile, Aerospace, and Agricultural Implement Workers of America, et al.
1303.9000: REPRESENTATION ISSUES; ELECTIONS; Stay of
Withdrawal of an election order under HEERA would constitute a circumvention of section 3564(a) and the Board denies the employer's request for withdrawal. more or view all topics or full text.
222915209/01/98
A279E Alum Rock Union Elementary School District
1303.9000: REPRESENTATION ISSUES; ELECTIONS; Stay of
Board will grant a stay of decertification election in the interest of administrative economy pending review of appeal when the holding of an election would be unnecessary if the Board were to overrule the Board agent. (Pittsburg Unified School District (1978) PERB Order No. Ad-34 and Gilroy Unified School District (1991) PERB Order No. Ad-224.); p. 2. more or view all topics or full text.
202712407/17/96
A254E Capistrano Unified School District
1303.9000: REPRESENTATION ISSUES; ELECTIONS; Stay of
After consideration of the issue and the positions of the parties, the Board denied the request for stay of the election. The Board ordered the election to proceed, thereafter impounding the ballots pending the Board's decision on the merits of the appeal before the Board; p. 2. more or view all topics or full text.
182507705/13/94
A224E Gilroy Unified School District
1303.9000: REPRESENTATION ISSUES; ELECTIONS; Stay of
Board grants stay of new election ordered in administrative determination pending ruling on the merits of the appeal. more or view all topics or full text.
152217611/14/91
A220S State of California (Department of Personnel Administration) (California State Employees Association)
1303.9000: REPRESENTATION ISSUES; ELECTIONS; Stay of
Without ruling on any issue, including but not limited to jurisdiction, the Board stayed the ballot count pending its review of the appeal. more or view all topics or full text.
152210006/03/91
A171E Oakland Unified School District
1303.9000: REPRESENTATION ISSUES; ELECTIONS; Stay of
As counting of ballots could prejudice the rights of affected employees, the Board, on its own motion, ordered the ballots impounded and the election stayed; p. 2. more or view all topics or full text.
121911706/29/88
A165H University of California, Los Angeles (Oandasan)
1303.9000: REPRESENTATION ISSUES; ELECTIONS; Stay of
Board denied request that hearing be stayed or abated; p. 1. more or view all topics or full text.
111813207/14/87
A160S State of California (Department of Personnel Administration) (Crowley, et al.)
1303.9000: REPRESENTATION ISSUES; ELECTIONS; Stay of
By its own motion, Board stayed hearing pending the Board's decision in a related case before the Board on appeal from a regional attorney's dismissal; p. 1. more or view all topics or full text.
111800011/10/86
A160Sa State of California (Department of Personnel Administration) (Crowley, et al.)
1303.9000: REPRESENTATION ISSUES; ELECTIONS; Stay of
Board lifted stay and consolidated two related cases; p. 1. more or view all topics or full text.
111803601/12/87
A156S State of California (Department of Personnel Administration) (Communications Workers of America)
1303.9000: REPRESENTATION ISSUES; ELECTIONS; Stay of
As the conduct by DPA, alleged in an unfair practice charge, preceded 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
A146S State of California (Department of Personnel Administration) (Communications Workers of America and California Association of Psychiatric Technicians)
1303.9000: REPRESENTATION ISSUES; ELECTIONS; Stay of
Pendency of a unit modification petition does not justify stay of election. Party to election can challenge the votes of persons who could be affected by the unit modification. Decertification election cannot be stayed so incumbent exclusive representative can complete negotiations with employer. Timelines set out in PERB regulations are deliberately drawn so that a decertification effort can occur where a collective agreement is about to expire. more or view all topics or full text.
91614906/14/85
A151S State of California (Department of Personnel Administration) (Communication Workers of America, Psych Techs, Local 11555 and California Association of Psychiatric Technicians)
1303.9000: REPRESENTATION ISSUES; ELECTIONS; Stay of
The Board will apply an "abuse of discretion" standard in reviewing a Board agent's decision regarding the stay of an election. The Board will defer to the agent if the agent's conclusions are supported by facts developed in a properly conducted investigation. more or view all topics or full text.
101701212/13/85
A142E San Francisco Unified School District (Brown, et al.)
1303.9000: REPRESENTATION ISSUES; ELECTIONS; Stay of
Decertification election is stayed by Board itself pending Board review of appeal of regional director's decision on unit composition and contract bar. more or view all topics or full text.
81514508/16/84
A096E Hayward Unified School District
1303.9000: REPRESENTATION ISSUES; ELECTIONS; Stay of
Appeal of order directing decertification election denied where, during the term of an existing contract, the parties execute a new contract which contains an expiration date later than that of the first contract; new contract is premature and will not act as a bar to a decertification election; p. 4, dismissal letter. Stay of decertification election denied where, during the term of an existing contract, the parties executed a new contract which contains an expiration date later than that of the first contract, and all unit members were not aware of the ramifications of the change in the window period; p. 3, dismissal letter. more or view all topics or full text.
41114006/10/80
A034E Pittsburg Unified School District
1303.9000: REPRESENTATION ISSUES; ELECTIONS; Stay of
Stay of election granted where a union challenges the standing of a rival union to appear on a decertification election ballot. The issue is central to the election and must be resolved before the election can be held. more or view all topics or full text.
2211205/26/78
A006E Santa Clara Unified School District
1303.9000: REPRESENTATION ISSUES; ELECTIONS; Stay of
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
A345E California School Employees Association and Its Chapter 56 and Turlock Classified American Federation of Teachers
1303.9000: REPRESENTATION ISSUES; ELECTIONS; Stay of
Request for stay of election not proper when based solely on desire to allow internal union procedures 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
0387E Grenada Elementary School District
1303.9000: REPRESENTATION ISSUES; ELECTIONS; Stay of
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. more or view all topics or full text.
81511506/29/84
0380E Pleasant Valley Elementary School District
1303.9000: REPRESENTATION ISSUES; ELECTIONS; Stay of
Board stayed election to rescind service fee arrangement, pending outcome of unfair practice case, finding that the District's actions were likely to influence outcome. more or view all topics or full text.
81505102/28/84
0381H Regents of the University of California (Statewide University Police Association)
1303.9000: REPRESENTATION ISSUES; ELECTIONS; Stay of
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
0159S State of California (Department of Transportation) (State Trial Attorneys Association)
1303.9000: REPRESENTATION ISSUES; ELECTIONS; Stay of
Petition to stay election because of pending unfair practice case is denied without comment. more or view all topics or full text.
51203403/17/81