Decision A146S – State of California (Department of Personnel Administration) (Communications Workers of America and California Association of Psychiatric Technicians)

S-D-87-S

Decision Date: June 14, 1985

Decision Type: PERB Decision

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Perc Vol: 9
Perc Index: 16149

Decision Headnotes

1107.00000 – CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD
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.

1303.00000 – REPRESENTATION ISSUES; ELECTIONS
1303.08000 – Mechanics of Election

Regional director's decision to conduct mail ballot election is unappealable decision on election mechanics.

1303.00000 – REPRESENTATION ISSUES; ELECTIONS
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.