All notes for Subtopic 1304.06000 – Burden of Proof

DecisionDescriptionPERC Vol.PERC IndexDate
A306E Poway Unified School District
1304.6000: REPRESENTATION ISSUES; OBJECTION TO ELECTIONS; Burden of Proof
PERB has refused to be constrained to follow NLRB per se rules in the area of election objections and has rejected rigid application of a "laboratory conditions" test. (See e.g., Sierra Sands Unified School District (1993) PERB Decision No. 977; Tamalpais Union High School District (1976) EERB Decision No. 1.) PERB looks to the totality of circumstances and the cumulative effect of the conduct alleged. Vague and unsubstantiated objections like blue envelopes appear to have been opened and resealed are rejected. more or view all topics or full text.
253202312/22/00
A278E San Diego Unified School District
1304.6000: REPRESENTATION ISSUES; OBJECTION TO ELECTIONS; Burden of Proof
PERB treats the demonstration of unlawful conduct in the election as a threshold question. The next issue is whether the unlawful activities establish a probable impact on the employees' vote. The Board does not require the objecting party to prove the conduct actually impacted the employees' votes. In deciding whether to set aside an election result, the Board will look at the totality of the circumstances and the cumulative effect of the conduct; p. 11. An objection regarding the integrity of the election process requires an assessment of whether the facts indicate a reasonable possibility that an irregularity occurred; p. 19. PERB will set aside an election if it determines that a party to the election jeopardized the integrity of the election process. The conduct must call into question the fairness and validity of the election; p. 21. conduct must call into question the fairness and validity of the election; p. 21. 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 election, the Board will set the election aside and order a new election; pp. 23-24. more or view all topics or full text.
202712106/27/96
0977E Sierra Sands Unified School District
1304.6000: REPRESENTATION ISSUES; OBJECTION TO ELECTIONS; Burden of Proof
For election objections to be sustained, some effect on the election result must either be shown or logically inferred. There is no evidence here that would establish a probable or actual impact upon the election result; pp. 13-15, proposed dec. An election result will not be overturned where it is unlikely the outcome was affected by the unlawful conduct; p. 4. more or view all topics or full text.
172405102/23/93
0948S State of California (Department of Personnel Administration) and California Union of Safety Employees
1304.6000: REPRESENTATION ISSUES; OBJECTION TO ELECTIONS; Burden of Proof
For election objections to be sustained, some affect on the election result must either be shown or logically inferred; p. 28, proposed dec. The Board has held that even demonstration of unlawful conduct in the election environment is but "threshold question"; p. 28, proposed dec. In deciding whether to set aside the election result, the Board will look "upon the totality of circumstances raised in each case and, when appropriate, accumulative effect of the conduct which forms basis for the relief requested"; p. 28, proposed dec. more or view all topics or full text.
162313108/06/92
0001E Tamalpais Union High School District
1304.6000: REPRESENTATION ISSUES; OBJECTION TO ELECTIONS; Burden of Proof
Absent actual evidence that voters were discouraged, the objectionable conduct must have the natural and probable effect of discouraging voter participation in the election to be upheld. more or view all topics or full text.
1107/20/76