REPRESENTATION ISSUES; OBJECTION TO ELECTIONS – Union Conduct
Single Topic for Decision 2145M
Full Decision Text (click on the link to view): Full Text
1304.05000 – Union Conduct
PERB will not set aside an election based on a party’s misrepresentation during the election campaign unless the misrepresentation was made in such a way that employees would not be able to ascertain the truth of the statement. Union flyer instructing employees to give their mail ballots to a “trusted shop steward” did not interfere with employee free choice because employees had ample means to learn the proper method for returning the ballot well before the ballot return date: the union immediately issued a corrected flyer, mailed a newsletter containing a correction to each bargaining unit member’s home, and ballot instructions were posted at the employer’s premises and included by PERB with the ballot itself.