Decision A146S – State of California (Department of Personnel Administration) (Communications Workers of America and California Association of Psychiatric Technicians)
Decision Date: June 14, 1985
Decision Type: PERB Decision
Perc Vol: 9
Perc Index: 16149
1107.01000 – Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
Appeal of regional director's determination of proof of support must be filed within 10 days of service. Later filed appeal dismissed as untimely.
1303.08000 – Mechanics of Election
Regional director's decision to conduct mail ballot election is unappealable decision on election mechanics.
1303.09000 – Stay of
Pendency of a unit modification petition does not justify stay of election. Party to election can challenge the votes of persons who could be affected by the unit modification. Decertification election cannot be stayed so incumbent exclusive representative can complete negotiations with employer. Timelines set out in PERB regulations are deliberately drawn so that a decertification effort can occur where a collective agreement is about to expire.