Decision A424M – City of Fremont


Decision Date: June 12, 2015

Decision Type: Administrative Appeal

Description:  The employer and two employee organizations entered into a consent election agreement, providing for a representation election to be conducted by SMCS.  Subsequently one of the organizations filed an unfair practice charge with PERB against the employer and sought on that basis a stay of the election.  PERB’s Office of the General Counsel stayed the representation election pending adjudication of the unfair practice charge.

Disposition:  The Board lifted the stay, concluding that:  (1) by entering the consent election agreement, the organization seeking the stay had waived those claims advanced in its stay motion which were grounded in conduct occurring prior to execution of the election agreement; (2) the remaining claims advanced in the stay motion were insufficient basis to stay the election; and (3) the purposes of the MMBA would be  best served by dissolving the stay of election so that the parties could resolve the pending question concerning representation pursuant to the election agreement.

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Perc Vol: 39
Perc Index: 185

Decision Headnotes

1303.11000 – Employer Conduct

SEIU is estopped by its agreement to the election to seek a stay based on City conduct known to SEIU at the time it made the Election Agreement. We are disinclined to interfere with the date of an election established via the written Election Agreement, absent proof that circumstances that arose subsequent to the agreement’s creation and prior to the request for stay require it.