Decision 0948S – State of California (Department of Personnel Administration) and California Union of Safety Employees

S-OB-108-S

Decision Date: August 6, 1992

Decision Type: PERB Decision

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Perc Vol: 16
Perc Index: 23131

Decision Headnotes

1304.00000 – REPRESENTATION ISSUES; OBJECTION TO ELECTIONS
1304.05000 – 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.

1304.00000 – REPRESENTATION ISSUES; OBJECTION TO ELECTIONS
1304.06000 – 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.

1306.00000 – REPRESENTATION ISSUES; PROOF OF SUPPORT
1306.01000 – In General; Requirements

Determination of the sufficiency of support is not identical to the determination of voter eligibility; p. 51, proposed dec.

1303.00000 – REPRESENTATION ISSUES; ELECTIONS
1303.07000 – Voter Eligibility/Lists/Home Addresses

Based on voting eligibility standards set forth in Palo Alto Unified School District, et al. (1979) PERB Decision No. 84 where substitute school teachers were found to have "an established interest" if they taught at least 10 percent of the pupil school days in the current or previous year and where the person must have a reasonable expectation of continued employment. (Oakland Unified School District (1988) PERB Order No. Ad-172); p. 6. The Board found Seasonal lifeguards are eligible to vote if: (1) They worked for the state in two or more consecutive seasons, the most recent of which was the season closest to the voter eligibility cut-off date; (2) have worked a minimum of 10 percnet of the work year of a full-time lifeguard and the 12 months immediately preceding the voter eligibility cut-off date; and (3) have a reasonable expectation of continued employment in the next season after the voter eligibility voter eligibility cut-off date; and (3) have a reasonable expectation of continued employment in the next season after the voter eligibility election participation consistent with the requirement that voters have the substantial stake in the outcome in bargaining; pp. 57-58, proposed dec.; PERB has long limited the right to vote among part-time and temporary workers to those employees "within an established interest in employment relations" with the employer; p. 6. Government Code section 6254.3 sets out the general rule of confidentiality for the home addresses of the state employees and permits address disclosure for employees in PERB-conducted elections. The statute also maintains the confidentiality of home addresses for employees "performing law inforcement-related functions." Further, the section also precludes disclosure of home addresses from employees who request in writing that their address not be disclosed; pp. 40-41, proposed dec., fn. 43. Relying on Crumpler, et al. v. The Board Administration, (1973) proposed dec., fn. 43. Relying on Crumpler, et al. v. The Board Administration, (1973) to investigate crimes and pursue and arrest criminals, or which directly assist those officials; p. 9 . State properly withheld the home addresses of the highway patrol and state police communications operators and the criminal identification specialist as they regularly assist peace officers in their daily duties and do, therefore, perform law enforcement related functions; p. 47, proposed dec. The State was not entitled to withhold the home addresses in Unit 7 of all employees in the positions of motor carrier specialist, deputy registrar of contractors, DMV licensing inspector, DMV licensing and registration examiner, program representative for the Bureau of Automotive Repair, brand inspector conservationist, dairy food specialist, fire fighter and seasonal lifeguard; p. 48, proposed dec. Determination of the sufficiency of support is not identical to the determination of voter eligibility; p. 51, proposed dec. determination of voter eligibility; p. 51, proposed dec.

1303.00000 – REPRESENTATION ISSUES; ELECTIONS
1303.08000 – Mechanics of Election

Directed election order in this case is not an administrative decision within the meaning of PERB Regulation 32350; p. 5.

102.00000 – PERB: OPERATION, JURISDICTION, AUTHORITY; SCOPE OF PERB JURISDICTION
102.02000 – Concurrent or Conflicting Jurisdiction with Other Agencies or Courts; Interpretation or Enforcement of Other Statutes

Government Code section 6254.3 sets out the general rule of confidentiality for the home addresses of the state employees and permits address disclosure for employees in PERB-conducted elections. The statute also maintains the confidentiality of home addresses for employees "performing law enforcement-related functions." Further, the section also precludes disclosure of home addresses from employees who request in writing that their address not be disclosed; pp. 40-41, proposed dec., fn. 43.

401.00000 – EMPLOYER INTERFERENCE, RESTRAINT, COERCION, EMPLOYER CONDUCT AFFECTING ORGANIZING, UNION ACCESS; SOLICITATION, AND OTHER UNION RIGHTS
401.04000 – Access – Union Right

The Dills Act is silent about rights of access from employer organizations. However, PERB decision has held "that a right of access is implicit in the purpose and intent" of the law. (State of California (Department of Corrections) (1980) PERB Decision No. 127-S.); p. 36, proposed dec. Since the public employer cannot exclude members of the public from its place of operations, neither can it exclude employee organizations; p. 36, proposed dec. The right to reasonable regulations extends to mail as well as to physical access. It is against this rule of reasonableness that infringements on access must be measured; p. 37, proposed dec.

1107.00000 – CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD
1107.06000 – De Novo Review; Standard of Review by Board

Directed election order in this case is not an administrative decision within the meaning of PERB Regulations 32350; p. 5.

1107.00000 – CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD
1107.12000 – Interlocutory Appeal

Directed election order in this case is not an administrative decision within the meaning of PERB Regulation 32350; p. 5.

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

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. 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. complaint had alleged that the threat was an unfair practice such a finding would have been warranted; pp. 9-10; p. 34, proposed dec.

1306.00000 – REPRESENTATION ISSUES; PROOF OF SUPPORT
1306.02000 – Employee List/Contents of/Failure to Provide

Determination of the sufficiency of support is not identical to the determination of voter eligibility; p. 51, proposed dec.

1503.00000 – MISCELLANEOUS ISSUES; REGULATIONS
1503.03000 – Regulations Considered (By Number) (Continued)

Directed election order in this case is not an administrative decision within the meaning of PERB Regulation 32350; p. 5. Reg. 32728. Based on voting eligibility standards set forth in Palo Alto Unified School District, et al. (1979) PERB Decision No. 84 where substitute school teachers were found to have "an established interest" if they taught at least 10 percent of the pupil school days in the current or previous year and where the person must have a reasonable expectation of continued employment. (Oakland Unified School District (1988) PERB Order No. Ad-172); p. 6. The Board found seasonal lifeguards are eligible to vote if: (1) They work for the state in two or more consecutive seasons, the most recent of which was the season closest to the voter eligibility cut-off date; (2) have worked a minimum of 10 percent of the work year of a full-time lifeguard and the 12 months immediately preceding the voter date; (2) have worked a minimum of 10 percent of the work year of a full-time lifeguard and the 12 months immediately preceding the voter eligibility cut-off date; p. 7. Voter eligibility rules should aim at the widest possible election participation consistent with the requirement that voters have the substantial stake in the outcome in bargaining; pp. 57-58, proposed dec.; PERB has long limited the right to vote among part-time and temporary workers to those employees "within an established interest in employment relations" with the employer; p. 6.