All notes for Subtopic 1304.02000 – PERB Conduct

DecisionDescriptionPERC Vol.PERC IndexDate
A433M County of Fresno
1304.2000: REPRESENTATION ISSUES; OBJECTION TO ELECTIONS; PERB Conduct
Board agent’s premature mailing of voters’ packets in a decertification election constitutes a serious irregularity in the conduct of an election, and warrants a setting aside of the results of that election and ordering a new election. more or view all topics or full text.
02/29/16
A306E Poway Unified School District
1304.2000: REPRESENTATION ISSUES; OBJECTION TO ELECTIONS; PERB Conduct
The commission of an act by a Board agent conducting an election which tends to destroy confidence in the Board's election process, or which could reasonably be interpreted as impugning the election standards we seek to maintain, is a sufficient basis for setting aside the election. (Athbro Precision Engineering Corp., 166 NLRB No. 116, 65 LRRM 1699.) Election objections regarding the integrity of the election process require assessment of whether a reasonable possibility of irregularity exists. Since this is paramount, "the Board goes to great lengths to ensure that the manner in which elections are conducted raises no reasonable doubt as to their fairness or validity." However, "an election need not be perfect to be valid. Mistakes are made in any human endeavor. The question is whether the mistakes were sufficient to affect the outcome" of the election. (State of California (1986) PERB Decision No. 601). Grounds to set aside election found where there was a significant question as to the number of ballots received by PERB and the potential of missing ballots are sufficient in number to affect the outcome. A lack of confidence in the election appears justified given this discrepancy and the totality of events including the initial misplacement of 71 ballots, their subsequent count and addition to the earlier tally, and the recount where a new tally of ballots was issued to correct mistakes contained in the earlier tallies. more or view all topics or full text.
253202312/22/00
1038H Regents of the University of California (Lawrence Livermore National Laboratory)
1304.2000: REPRESENTATION ISSUES; OBJECTION TO ELECTIONS; PERB Conduct
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
0164E Jefferson Elementary School District
1304.2000: REPRESENTATION ISSUES; OBJECTION TO ELECTIONS; PERB Conduct
Union failed to establish that PERB agent provided inaccurate information about key election issue on day of decertification election. more or view all topics or full text.
51206206/10/81
0947E Palomar Community College District
1304.2000: REPRESENTATION ISSUES; OBJECTION TO ELECTIONS; PERB Conduct
Refusal to require posting of the notice of the amended unit did not prejudice either the employees or other employee organizations; p. 7. more or view all topics or full text.
162311107/14/92