Decision A221S – State of California (Department of Personnel Administration) (California State Employees Association)

S-OS-86-S

Decision Date: June 20, 1991

Decision Type: PERB Decision

View Full Text (PDF)

Perc Vol: 15
Perc Index: 22109

Decision Headnotes

1303.00000 – REPRESENTATION ISSUES; ELECTIONS
1303.08000 – Mechanics of Election

PERB Regulation 32380(a) does not preclude appeal involving the proper interpretation of a consent election agreement, especially when the election had proceeded and the ballots are ready to be counted; p. 14.

1404.00000 – GENERAL LEGAL PRINCIPLES; CONTRACT ENFORCEMENT/ INTERPRETATION
1404.03000 – General Principles of Contract Interpretation

When language in consent election agreement is clear and unambiguous, parties are bound by its terms; pp. 12-13.

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

(32728) When a party agrees to explicit voter eligibility and challenged ballot provisions of a consent election agreement, the voter eligibility provisions of PERB Regulation 32728 are inapplicable; p. 13. (32380(a)) PERB Regulation 32380(a) does not preclude appeal involving the proper interpretation of a consent election agreement, especially when the election has proceeded and the ballots are ready to be counted; p. 14. 40430 provides support for PERB to take action under a CEA to protect section 3515.

1303.00000 – REPRESENTATION ISSUES; ELECTIONS
1303.07000 – Voter Eligibility/Lists/Home Addresses

When a party agrees to explicit voter eligibility and challenged ballot provisions of a consent election agreement, the voter eligibility provisions of PERB Regulation 32728 are inapplicable; p. 13.

1107.00000 – CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD
1107.20000 – Other

PERB Regulation 32380(a) does not preclude appeal involving the proper interpretation of a consent election agreement, especially when the election has proceeded and the ballots are ready to be counted; p. 14.

1300.00000 – REPRESENTATION ISSUES; CERTIFICATION/VOLUNTARY RECOGNITION
1300.01000 – In General

Unlike a certification or decertification election where PERB has a statutory duty to conduct the election, PERB is not required, by statute or PERB Regulations, to conduct an agency fee (or fair share) election; p. 10.

1302.00000 – REPRESENTATION ISSUES; DECERTIFICATION
1302.01000 – In General; Filing Requirements

Unlike a certification or decertification election where PERB has a statutory duty to conduct the election, PERB is not required, by statute or PERB Regulations, to conduct an agency fee (or fair share) election; p. 10.

1303.00000 – REPRESENTATION ISSUES; ELECTIONS
1303.01000 – In General

Unlike a certification or decertification election where PERB has a statutory duty to conduct the election, PERB is not required, by statute or PERB Regulations, to conduct an agency fee (or fair share) election; p. 10.

1303.00000 – REPRESENTATION ISSUES; ELECTIONS
1303.06000 – Consent Election Agreement

PERB caselaw establishes that parties to a valid, PERB approved consent election agreement are bound by its terms; p. 11. PERB is bound to follow the terms of the consent election agreement. The fact that one party now disagrees with the terms of the consent election agreement does not preclude PERB from proceeding with the election; pp. 12-13. When a party agrees to explicit voter eligibility and challenged ballot provisions of a consent election agreement, the voter eligibility provisions of PERB Regulation 32728 are inapplicable; p. 13. PERB Regulation 32380(a) does not preclude appeal involving the proper interpretation of a consent election agreement, especially when the election has proceeded and the ballots are ready to be counted; p. 14. Unlike a certification or decertification election where PERB has a election has proceeded and the ballots are ready to be counted; p. 14. Unlike a certification or decertification election where PERB has a (or fair share) election; p. 10. Board's role in a consent election is ministerial as a matter of convenience to the parties concerned.