Decision A156S – State of California (Department of Personnel Administration) (Communications Workers of America)

S-OS-61-S

Decision Date: June 27, 1986

Decision Type: PERB Decision

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Perc Vol: 10
Perc Index: 17129

Decision Headnotes

1305.00000 – REPRESENTATION ISSUES; ORGANIZATIONAL SECURITY RESCISSION ELECTION
1305.01000 – In General

Well-established contract law gives PERB the right to proceed to conduct an agency fee election based on its contract with exclusive representative to conduct such an election; p. 10. Denying the employees the chance to vote in an agency fee election would violate the MOU and result in a violation of 3515 by requiring the employees to participate in union activities through use of the agency fee, in spite of the lack of authorization for such usuage after July 1, 1986 (pursuant to the MOU provisions); p. 10.

1303.00000 – REPRESENTATION ISSUES; ELECTIONS
1303.06000 – Consent Election Agreement

As the conduct by DPA, alleged in an unfair practice charge, preceeded the signing of the election agreement, Board refused to suspend election pending the resolution of the charge; p. 7. Well-established contract law gives PERB the right to proceed to conduct an agency fee election based on its contract with employee organization to conduct such an election; p. 10. Through statutory interpretation, PERB is authorized to take the action necessary to implement the protections of section 3515 to hold the election as originally agreed to by the parties; pp. 10-11. Pursuant to PERB Regulation 32710, PERB approved the parties agreement for a consent election. As no events transpired requiring the Pursuant to PERB Regulation 32710, PERB approved the parties agreement for a consent election. As no events transpired requiring the

1303.00000 – REPRESENTATION ISSUES; ELECTIONS
1303.04000 – Blocking Charge

As the conduct by DPA, alleged in an unfair practice charge, preceeded the signing of the election agreement, Board refused to suspend election pending the resolution of the charge; p. 7.

1303.00000 – REPRESENTATION ISSUES; ELECTIONS
1303.09000 – Stay of

As the conduct by DPA, alleged in an unfair practice charge, preceded the signing of the election agreement, Board refused to suspend election pending the resolution of the charge; p. 7.

1303.00000 – REPRESENTATION ISSUES; ELECTIONS
1303.08000 – Mechanics of Election

Well-established contract law gives PERB the right to proceed to conduct an agency fee election based on its contract with employee organization to conduct such an election; p. 10.

1303.00000 – REPRESENTATION ISSUES; ELECTIONS
1303.01000 – In General

Denying the employee the chance to vote in an agency fee election would violate the MOU and result in a violation of section 3515 by requiring the employees to participate in union activities, through use of the agency fee, in spite of the lack of authorization for such usage after July 1, 1986 (pursuant to the MOU provisions); p. 10. Through statutory interpretation, PERB is authorized to take the action necessary to implement the protections of section 3515 to hold the election as originally agreed to by the parties; pp. 10-11.

1503.00000 – MISCELLANEOUS ISSUES; REGULATIONS
1503.02000 – Regulations Considered (By Number)

32720, PERB approved the parties agreement for a consent election. As no events transpired requiring the withdrawal of PERB's approval, PERB ordered the election to proceed; pp. 11-12.