Decision A226E – Gilroy Unified School District

SF-OB-3

Decision Date: December 12, 1991

Decision Type: PERB Decision

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Perc Vol: 16
Perc Index: 23007

Decision Headnotes

101.00000 – PERB: OPERATION, JURISDICTION, AUTHORITY; APPLICABILITY OF AND CONFLICTS WITH OTHER STATUTES
101.03000 – NLRA/LMRDA Precedent

PERB looks for guidance to federal labor law decisions in election objection cases.

1303.00000 – REPRESENTATION ISSUES; ELECTIONS
1303.06000 – Consent Election Agreement

Provisions of a consent election agreement control the terms and conditions of an election.

1303.00000 – REPRESENTATION ISSUES; ELECTIONS
1303.08000 – Mechanics of Election

Provisions of a directed election order control the terms and conditions of an election.

1304.00000 – REPRESENTATION ISSUES; OBJECTION TO ELECTIONS
1304.01000 – In General

Threshold test for election objections requires showing that conduct complained of interfered with the employees' free choice or was a serious irregularity in the conduct of the election and the conduct had the probable effect of impacting employee choice. An election is set aside based on the totality of circumstances in each case. Food and drink offered to voters was insufficient to warrant setting aside election results. De minimis errors and omissions will not be found to be serious irregularities sufficient to sustain election objections. Allowing a large number of ineligible voters to use a mail ballot in light of surrounding circumstances constitutes a material breach of the election process which calls into question the fairness and validity of the election and warrants setting it aside. the election process which calls into question the fairness and validity of the election and warrants setting it aside.

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

Reg. 32738 requires objections to elections be based on two grounds.