Decision A156S – State of California (Department of Personnel Administration) (Communications Workers of America)
S-OS-61-S
Decision Date: June 27, 1986
Decision Type: Administrative Appeal
Perc Vol: 10
Perc Index: 17129
Decision Headnotes
1305.01000 – In General
Well-established contract law gives PERB the right to proceed to conduct an agency fee election based on its contract with exclusive representative to conduct such an election; p. 10. Denying the employees the chance to vote in an agency fee election would violate the MOU and result in a violation of 3515 by requiring the employees to participate in union activities through use of the agency fee, in spite of the lack of authorization for such usuage after July 1, 1986 (pursuant to the MOU provisions); p. 10.
1303.06000 – Consent Election Agreement
As the conduct by DPA, alleged in an unfair practice charge, preceeded the signing of the election agreement, Board refused to suspend election pending the resolution of the charge; p. 7. Well-established contract law gives PERB the right to proceed to conduct an agency fee election based on its contract with employee organization to conduct such an election; p. 10. Through statutory interpretation, PERB is authorized to take the action necessary to implement the protections of section 3515 to hold the election as originally agreed to by the parties; pp. 10-11. Pursuant to PERB Regulation 32710, PERB approved the parties agreement for a consent election. As no events transpired requiring the Pursuant to PERB Regulation 32710, PERB approved the parties agreement for a consent election. As no events transpired requiring the
1303.04000 – Blocking Charge
As the conduct by DPA, alleged in an unfair practice charge, preceeded the signing of the election agreement, Board refused to suspend election pending the resolution of the charge; p. 7.
1303.09000 – Stay of
As the conduct by DPA, alleged in an unfair practice charge, preceded the signing of the election agreement, Board refused to suspend election pending the resolution of the charge; p. 7.
1303.08000 – Mechanics of Election
Well-established contract law gives PERB the right to proceed to conduct an agency fee election based on its contract with employee organization to conduct such an election; p. 10.
1303.01000 – In General
Denying the employee the chance to vote in an agency fee election would violate the MOU and result in a violation of section 3515 by requiring the employees to participate in union activities, through use of the agency fee, in spite of the lack of authorization for such usage after July 1, 1986 (pursuant to the MOU provisions); p. 10. Through statutory interpretation, PERB is authorized to take the action necessary to implement the protections of section 3515 to hold the election as originally agreed to by the parties; pp. 10-11.
1503.02000 – Regulations Considered (By Number)
32720, PERB approved the parties agreement for a consent election. As no events transpired requiring the withdrawal of PERB's approval, PERB ordered the election to proceed; pp. 11-12.