Decision A221S – State of California (Department of Personnel Administration) (California State Employees Association)

PERB Regulation 32380(a) does not preclude appeal involving the proper interpretation of a consent election agreement, especially when the election had proceeded and the ballots are ready to be counted; p. 14.

When language in consent election agreement is clear and unambiguous, parties are bound by its terms; pp. 12-13.

(32728) When a party agrees to explicit voter eligibility and challenged ballot provisions of a consent election agreement, the voter eligibility provisions of PERB Regulation 32728 are inapplicable; p. 13. (32380(a)) PERB Regulation 32380(a) does not preclude appeal involving the proper interpretation of a consent election agreement, especially when the election has proceeded and the ballots are ready to be counted; p. 14. 40430 provides support for PERB to take action under a CEA to protect section 3515.

When a party agrees to explicit voter eligibility and challenged ballot provisions of a consent election agreement, the voter eligibility provisions of PERB Regulation 32728 are inapplicable; p. 13.

PERB Regulation 32380(a) does not preclude appeal involving the proper interpretation of a consent election agreement, especially when the election has proceeded and the ballots are ready to be counted; p. 14.

Unlike a certification or decertification election where PERB has a statutory duty to conduct the election, PERB is not required, by statute or PERB Regulations, to conduct an agency fee (or fair share) election; p. 10.

Unlike a certification or decertification election where PERB has a statutory duty to conduct the election, PERB is not required, by statute or PERB Regulations, to conduct an agency fee (or fair share) election; p. 10.

Unlike a certification or decertification election where PERB has a statutory duty to conduct the election, PERB is not required, by statute or PERB Regulations, to conduct an agency fee (or fair share) election; p. 10.

PERB caselaw establishes that parties to a valid, PERB approved consent election agreement are bound by its terms; p. 11. PERB is bound to follow the terms of the consent election agreement. The fact that one party now disagrees with the terms of the consent election agreement does not preclude PERB from proceeding with the election; pp. 12-13. When a party agrees to explicit voter eligibility and challenged ballot provisions of a consent election agreement, the voter eligibility provisions of PERB Regulation 32728 are inapplicable; p. 13. PERB Regulation 32380(a) does not preclude appeal involving the proper interpretation of a consent election agreement, especially when the election has proceeded and the ballots are ready to be counted; p. 14. Unlike a certification or decertification election where PERB has a election has proceeded and the ballots are ready to be counted; p. 14. Unlike a certification or decertification election where PERB has a (or fair share) election; p. 10. Board's role in a consent election is ministerial as a matter of convenience to the parties concerned.