Decision 0164E – Jefferson Elementary School District
Decision Date: June 10, 1981
Decision Type: PERB Decision
Perc Vol: 5
Perc Index: 12062
1304.01000 – In General
A party objection on the basis of election misconduct must produce evidence to show that the conduct had a probable impact on the employees' vote. It is not enough to show that the misconduct was serious or weighty. While last minute electioneering is antithetical to the free and untrammeled election choice, absent a showing of serious irregularity, the results of an election should not be lightly disturbed or disregarded.
1304.05000 – 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.
1304.03000 – Employer Conduct
Incumbent union failed to establish that employer refusal to bargain affected election result. Union presented no evidence on this issue and the record does not permit conclusion that District's action inevitably affected the election result.
1304.02000 – PERB Conduct
Union failed to establish that PERB agent provided inaccurate information about key election issue on day of decertification election.