Decision A226E – Gilroy Unified School District
SF-OB-3
Decision Date: December 12, 1991
Decision Type: Administrative Appeal
Perc Vol: 16
Perc Index: 23007
Decision Headnotes
101.03000 – NLRA/LMRDA Precedent
PERB looks for guidance to federal labor law decisions in election objection cases.
1303.06000 – Consent Election Agreement
Provisions of a consent election agreement control the terms and conditions of an election.
1303.08000 – Mechanics of Election
Provisions of a directed election order control the terms and conditions of an election.
1304.01000 – In General
Threshold test for election objections requires showing that conduct complained of interfered with the employees' free choice or was a serious irregularity in the conduct of the election and the conduct had the probable effect of impacting employee choice. An election is set aside based on the totality of circumstances in each case. Food and drink offered to voters was insufficient to warrant setting aside election results. De minimis errors and omissions will not be found to be serious irregularities sufficient to sustain election objections. Allowing a large number of ineligible voters to use a mail ballot in light of surrounding circumstances constitutes a material breach of the election process which calls into question the fairness and validity of the election and warrants setting it aside. the election process which calls into question the fairness and validity of the election and warrants setting it aside.
1503.02000 – Regulations Considered (By Number)
Reg. 32738 requires objections to elections be based on two grounds.