Decision A151S – State of California (Department of Personnel Administration) (Communication Workers of America, Psych Techs, Local 11555 & California Association of Psychiatric Technicians)
Decision Date: December 13, 1985
Decision Type: PERB Decision
Perc Vol: 10
Perc Index: 17012
1303.04000 – Blocking Charge
The alleged posting on employee bulletin boards of various management memoranda are not sufficient to establish a blocking charge. The facial neutrality of the memoranda coupled with their limited posting both in time and place are insufficient to prevent the employees from exercising free choice. Allegation that the filing and later withdrawal of a unit modification petition created a divisive election issue insufficient to justify blocking of election. Rather, allegation can be raised as an objection following election.
1303.09000 – Stay of
The Board will apply an "abuse of discretion" standard in reviewing a Board agent's decision regarding the stay of an election. The Board will defer to the agent if the agent's conclusions are supported by facts developed in a properly conducted investigation.