Decision A387M – Salinas Valley Memorial Healthcare System

SF-DP-294-M

Decision Date: October 25, 2010

Decision Type: PERB Decision

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Perc Vol: 34
Perc Index: 158

Decision Headnotes

1303.00000 – REPRESENTATION ISSUES; ELECTIONS
1303.11000 – Employer Conduct

An employer’s conduct during an election campaign will justify setting aside the election only when the conduct actually affects, or has a natural or probable effect on, employee free choice. The conduct need not constitute an unfair practice to set aside the election. Conversely, conduct amounting to an unfair practice does not necessarily require the election to be set aside. Election objections properly dismissed when no more than a handful of employees knew of the employer’s alleged conduct and thus the conduct did not affect, or have a probable effect on, employee free choice in the election.

1304.00000 – REPRESENTATION ISSUES; OBJECTION TO ELECTIONS
1304.03000 – Employer Conduct

In ruling on election objections, PERB’s inquiry is whether the employer’s conduct interfered with employees’ right to choose a representative. An election will be set aside only when the conduct actually affects, or has a natural or probable effect on, employee free choice. The conduct need not constitute an unfair practice to set aside the election. Conversely, conduct amounting to an unfair practice does not necessarily require the election to be set aside. Election objections properly dismissed when no more than a handful of employees knew of the employer’s alleged conduct and thus the conduct did not affect, or have a probable effect on, employee free choice in the election.

1405.00000 – GENERAL LEGAL PRINCIPLES; COLLATERAL ESTOPPEL; RES JUDICATA
1405.01000 – In General

In ruling on election objections, PERB’s inquiry is whether the employer’s conduct interfered with employees’ right to choose a representative. An election will be set aside only when the conduct actually affects, or has a natural or probable effect on, employee free choice. Because the regional director’s administrative determination dismissing election objections addressed only the free choice inquiry, and did not rule on whether the employer’s alleged conduct constituted an unfair practice, the determination had no preclusive effect on a pending unfair practice charge alleging the same conduct by the employer.