Decision A333E – Pleasant Valley Elementary School District
LA-DP-339-E
Decision Date: March 22, 2004
Decision Type: Administrative Appeal
Description: Kennaley appealed the administrative determination regarding his objections to the results of an election over his petition to decertify SEIU as the exclusive representative.
Disposition: The Board found that each of the objections did not meet one or both of the criteria to set aside an election, namely: (1) as a threshold matter, improper conduct and (2) the conduct had a probable impact on the employees’ vote. The Board thus found the objections to be without merit and upheld the Board agent’s dismissal.
Perc Vol: 28
Perc Index: 140
Decision Headnotes
1304.01000 – In General
Interference with the election process must be dismissed if there is a failure to satisfy two prong test. Objecting party must show that there was improper conduct and that the conduct had an objective impact on the voters. Charging Party has not met its burden to show impact when the employer failed to provide additional voter information as the employer had provided all the information required by the Consent Election Agreement. Board finds publication of a union authorization card would not reasonably tend to coerce or intimidate voters in an election when there is no evidence of an implied threat in the campaign literature creating a probable impact on the employees’ votes. Board finds no impact on an election where an employee’s false statement regarding firing of employees should the union lose the election because it was revealed to be a misrepresentation before the ballots were due. Board finds that an accusation based on mere conjecture will not provide the sufficient evidence required in order to establish a prima facie case on appeal.
1304.03000 – Employer Conduct
Interference with the election process must be dismissed if there is a failure to satisfy two prong test. Objecting party must show that there was improper conduct and that the conduct had an objective impact on the voters. Charging Party has not met its burden to show impact when the employer failed to provide additional voter information as the employer had provided all the information required by the Consent Election Agreement.
1304.04000 – Voter Conduct
Board finds no impact on an election where an employee’s false statement regarding firing of employees should the union lose the election because it was revealed to be a misrepresentation before the ballots were due. Board finds that an accusation based on mere conjecture will not provide sufficient evidence required in order to establish a prima facie case on appeal.
1304.05000 – Union Conduct
Board finds publication of a union authorization card would not reasonable tend to coerce or intimidate voters in an election when there is no evidence of an implied threat in the campaign literature creating a probable impact on the employees’ votes. Board finds that an accusation based on mere conjecture will not provide the sufficient evidence required in order to establish a prima facie case on appeal.