Decision A151S – State of California (Department of Personnel Administration) (Communication Workers of America, Psych Techs, Local 11555 & California Association of Psychiatric Technicians)

S-D-87-S

Decision Date: December 13, 1985

Decision Type: PERB Decision

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Perc Vol: 10
Perc Index: 17012

Decision Headnotes

1303.00000 – REPRESENTATION ISSUES; ELECTIONS
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.

1303.00000 – REPRESENTATION ISSUES; ELECTIONS
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.