Decision 1647E – Chula Vista Elementary School District
LA-CE-4125-E
Decision Date: June 23, 2004
Decision Type: PERB Decision
Description: The Association claimed that the District interfered with employee rights when the charter school principal intimidated and harassed teachers regarding a Migden election to determine the public school employer for Mueller Charter School.
Disposition: The majority found that the principal was an agent of the District, that the principal’s conduct interfered with teachers’ protected rights, that the principal’s conduct had an impact on the employees’ vote, and the remedy that the District promptly investigate and act on allegations of interference. The author of the majority believed that the election should be rescinded to adequately remedy the District’s interference.
Perc Vol: 28
Perc Index: 184
Decision Headnotes
402.04000 – Union Views; Voting; Questionnaires; Polling of Employees
The principal of MCS interfered with the rights of teachers under his supervision to vote in a fair election, free from intimidation, in an election that effectively involved the decertification that long represented those employees
405.02000 – Express or Implied Threats
The principal of MCS interfered with the rights of teachers under his supervision to vote in a fair election, free from intimidation, in an election that effectively involved the decertification that long represented those employees.
1205.11000 – Setting Aside of Election
In determining whether to set aside an election, the Board looks at whether the employer’s unfair practices establish a “probable impact on the employees’ vote.” The question becomes whether the employer’s conduct would reasonably tend to coerce or interfere with employee choice. Actual impact need not be shown. In deciding whether to set aside an election result the Board will assess the totality of circumstances. Given the closeness of the election, threats quite extraordinary in their gravity, District awareness of the conduct and unwillingness to address it. The principal’s conduct tended to coerce or interfere with employee choice. (The ALJ declined to overturn the election because the charter school was not named as a party to the charge. The Board’s dissenting majority affirmed this ruling.
1304.03000 – Employer Conduct
In determining whether to set aside an election, the Board looks at whether the employer’s unfair practices establish a “probable impact on the employees’ vote.” The question becomes whether the employer’s conduct would reasonably tend to coerce or interfere with employee choice. Actual impact need not be shown. In deciding whether to set aside an election result the Board will assess the totality of circumstances. Given the closeness of the election, threats quite extraordinary in their gravity, District awareness of the conduct and unwillingness to address it. The principal’s conduct tended to coerce or interfere with employee choice. The ALJ declined to overturn the election because the charter school was not named as a party to the charge. The Board’s dissenting majority affirmed this ruling.
1400.01000 – In General
The MCS principal is an agent of the District; he had both actual authority and apparent authority to engage in the unlawful conduct. “Actual authority” is that which an employer intentionally confers upon the agent, or intentionally or negligently allows the agent to believe himself or herself to possess. “Apparent authority” may be found where an employer reasonably allows employees to perceive that it has authorized the agent to engage in the conduct in question.
1400.02000 – Employer Responsibility
The MCS principal is an agent of the District; he had both actual authority and apparent authority to engage in the unlawful conduct. “Actual authority” is that which an employer intentionally confers upon the agent, or intentionally or negligently allows the agent to believe himself or herself to possess. “Apparent authority” may be found where an employer reasonably allows employees to perceive that it has authorized the agent to engage in the conduct in question.