Decision 0001E – Tamalpais Union High School District

SF-R-32, 352

Decision Date: July 20, 1976

Decision Type: PERB Decision

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Perc Vol: 1
Perc Index: 1

Decision Headnotes

1303.00000 – REPRESENTATION ISSUES; ELECTIONS
1303.05000 – Challenged Ballots

Challenge to ballots of voters who were part-time deans upheld where consent-election agreement excludes "deans" from eligible voters.

1304.00000 – REPRESENTATION ISSUES; OBJECTION TO ELECTIONS
1304.06000 – 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.

1304.00000 – REPRESENTATION ISSUES; OBJECTION TO ELECTIONS
1304.05000 – Union Conduct

Poll watching and use of sample ballot not sufficient to overturn election - distinguishing NLRB cases to contrary.

1503.00000 – MISCELLANEOUS ISSUES; REGULATIONS
1503.02000 – Regulations Considered (By Number)

30076 (as amended now Reg. 32738), poll watching, television coverage and use of sample ballot do not constitue an unfair practice nor a serious irregularity.

1303.00000 – REPRESENTATION ISSUES; ELECTIONS
1303.06000 – Consent Election Agreement

Parties to a validly approved consent-election agreement are bound by its terms.

1304.00000 – REPRESENTATION ISSUES; OBJECTION TO ELECTIONS
1304.01000 – In General

Objections upheld only if conduct is an unfair practice or a serious irregularity in conduct with the election. Television coverage of election, absent evidence that voters were discouraged is insufficient to overturn election.