Decision A310E – Poway Unified School District
Decision Date: October 10, 2001
Decision Type: Administrative Appeal
Perc Vol: 26
Perc Index: 33003
1304.01000 – In General
Pursuant to Regulation 32738, objections to the conduct of an election are entertained by PERB on only two grounds: 1) The conduct complained of interfered with the employees' right to freely choose a representative, or 2) Serious irregularity in the conduct of the election. A party objecting to an election result must first present a prima facie showing of conduct that constitutes one of the two grounds. This includes a factual showing that employee choice was affected or that the conduct complained of had a natural and probable effect on employee choice. After this threshold showing is met, PERB will decide whether to set aside the election result depending upon the totality of circumstances. Thus, even where some impact on voters can be inferred, the election result will not automatically be set aside.
1304.05000 – Union Conduct
A campaign flyer on CSEA letterhead which urges employees to vote for CSEA "to ensure that the Tentative Agreement will be implemented" does not rise to the level of a misrepresentation under this standard; it is rather an opinion as to what might happen if CSEA does not win the election.