REPRESENTATION ISSUES; OBJECTION TO ELECTIONS – Employer Conduct
Single Topic for Decision 2145M
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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 and 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 dismissed when the employer did not grant the challenging union preferential access rights or restrict the incumbent union’s access to employees during a decertification election campaign.