All notes for Subtopic 1304.05000 – Union Conduct

DecisionDescriptionPERC Vol.PERC IndexDate
2249M National Union of Healthcare Workers
1304.5000: REPRESENTATION ISSUES; OBJECTION TO ELECTIONS; Union Conduct
Like the National Labor Relations Board (NLRB), PERB protects against campaign misconduct such as threats, promises or the like, which interfere with employee free choice, as well as against statements made in a fraudulent manner preventing an employee from evaluating the truth of the statement. (Midland National Life Insurance Co. (1982) 263 NLRB 127; see also Triple E Produce Corp. v. Agricultural Labor Relations Bd. (1983) 35 Cal.3d 42, 50.) more or view all topics or full text.
3615504/18/12
2145M West Contra Costa Healthcare District
1304.5000: REPRESENTATION ISSUES; OBJECTION TO ELECTIONS; Union Conduct
PERB will not set aside an election based on a party’s misrepresentation during the election campaign unless the misrepresentation was made in such a way that employees would not be able to ascertain the truth of the statement. Union flyer instructing employees to give their mail ballots to a “trusted shop steward” did not interfere with employee free choice because employees had ample means to learn the proper method for returning the ballot well before the ballot return date: the union immediately issued a corrected flyer, mailed a newsletter containing a correction to each bargaining unit member’s home, and ballot instructions were posted at the employer’s premises and included by PERB with the ballot itself. more or view all topics or full text.
35511/30/10
A333E Pleasant Valley Elementary School District
1304.5000: REPRESENTATION ISSUES; OBJECTION TO ELECTIONS; Union Conduct
Board finds publication of a union authorization card would not reasonable tend to coerce or intimidate voters in an election when there is no evidence of an implied threat in the campaign literature creating a probable impact on the employees’ votes. Board finds that an accusation based on mere conjecture will not provide the sufficient evidence required in order to establish a prima facie case on appeal. more or view all topics or full text.
2814003/22/04
A310E Poway Unified School District
1304.5000: REPRESENTATION ISSUES; OBJECTION TO ELECTIONS; Union Conduct
A campaign flyer on CSEA letterhead which urges employees to vote for CSEA "to ensure that the Tentative Agreement will be implemented" does not rise to the level of a misrepresentation under this standard; it is rather an opinion as to what might happen if CSEA does not win the election. more or view all topics or full text.
263300310/10/01
A278E San Diego Unified School District
1304.5000: REPRESENTATION ISSUES; OBJECTION TO ELECTIONS; Union Conduct
Union prize drawings that required the voters to identify themselves, did not require the voters to identify their affiliation or how they voted, and were held after ballots were mailed to PERB were not an unlawful promise and grant of valuable benefits during an election period; pp. 18-19. When a party to the election engages in a concerted effort to obtain unsupervised access to marked ballots, in direct violation of PERB's voting instructions, the laboratory conditions of the election are compromised. This conduct calls into question the fairness, validity and integrity of the election. The Board will not evaluate the party's intent, consider whether the party's unsupervised possession led to tampering, or determine whether the conduct was determinative on the outcome of the election. Since this conduct compromises the fairness and integrity of the whether the conduct was determinative on the outcome of the election. Since this conduct compromises the fairness and integrity of the involved; pp. 23-24. more or view all topics or full text.
202712106/27/96
A244E Santa Clara Unified School District
1304.5000: REPRESENTATION ISSUES; OBJECTION TO ELECTIONS; Union Conduct
Under Midland National Life Insurance Co. (1982) 263 NLRB 127, 110 LRRM 1489, adopted by the Board, whether statements made in CSEA flyer were true or false is immaterial. No proof was shown that the flyers were forged or altered and that the voters were unable to recognize the propaganda for what it was. Further, SEIU responded with its own flyer disputing CSEA's flyer; p. 8. NLRB has generally held that a union's promise of benefits which are not within its power to confer unilaterally do no warrant setting aside an election. CSEA flyers concerning benefits in a tentative agreement did not constitute a promise or loss of benefits as the agreement had not been ratified by either party; pp. 8-9. Remarks made by a CSEA representative to a District supervisor in front of a SEIU supporter found to have slight, if any impact on employees free choice and insufficient to set aside the election; front of a SEIU supporter found to have slight, if any impact on employees free choice and insufficient to set aside the election; more or view all topics or full text.
172408804/27/93
1038H Regents of the University of California (Lawrence Livermore National Laboratory)
1304.5000: REPRESENTATION ISSUES; OBJECTION TO ELECTIONS; Union Conduct
Comments made by Association's representative were chance, isolated, innocuous comments that would not have the natural an probable effect of discouraging employee free choice; p. 5; pp. 13-14, proposed dec. Threat made to officer not sufficient to overturn election as the threat was made anonymously and could not be identified with the Association. Further, the officer appeared not to have been coerced into voting; p. 6; pp. 19-20, proposed dec. more or view all topics or full text.
182505203/04/94
0530E Pasadena Unified School District
1304.5000: REPRESENTATION ISSUES; OBJECTION TO ELECTIONS; Union Conduct
No showing of misrepresentation of forged documents where evidence suggests that employees acquiesced in picture taking for campaign purposes. more or view all topics or full text.
91623010/25/85
0164E Jefferson Elementary School District
1304.5000: REPRESENTATION ISSUES; OBJECTION TO ELECTIONS; Union Conduct
Statement by union adherent near polling place that "Here's five more votes for AFT" is insufficient to overturn election results. There was no evidence anyone heard the comment other than rival organization election observer or that the words, in themselves, were of such a nature as to persuade potential voters how to cast their ballots. more or view all topics or full text.
51206206/10/81
0948S State of California (Department of Personnel Administration) and California Union of Safety Employees
1304.5000: REPRESENTATION ISSUES; OBJECTION TO ELECTIONS; Union Conduct
As the threat by a union official was remote in time to the election and was not widely circulated where a substantial number of voters even knew about it, no impact in the election could be inferred. If complaint had alleged that the threat was an unfair practice such a finding would have been warranted; pp. 9-10; p. 34, proposed dec. more or view all topics or full text.
162313108/06/92
0001E Tamalpais Union High School District
1304.5000: REPRESENTATION ISSUES; OBJECTION TO ELECTIONS; Union Conduct
Poll watching and use of sample ballot not sufficient to overturn election - distinguishing NLRB cases to contrary. more or view all topics or full text.
1107/20/76