Decision A333E – Pleasant Valley Elementary School District

LA-DP-339-E

Decision Date: March 22, 2004

Decision Type: PERB Decision

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Perc Vol: 28
Perc Index: 140

Decision Headnotes

1304.00000 – REPRESENTATION ISSUES; OBJECTION TO ELECTIONS
1304.01000 – In General

Interference with the election process must be dismissed if there is a failure to satisfy two prong test. Objecting party must show that there was improper conduct and that the conduct had an objective impact on the voters. Charging Party has not met its burden to show impact when the employer failed to provide additional voter information as the employer had provided all the information required by the Consent Election Agreement. Board finds publication of a union authorization card would not reasonably tend to coerce or intimidate voters in an election when there is no evidence of an implied threat in the campaign literature creating a probable impact on the employees’ votes. Board finds no impact on an election where an employee’s false statement regarding firing of employees should the union lose the election because it was revealed to be a misrepresentation before the ballots were due. Board finds that an accusation based on mere conjecture will not provide the sufficient evidence required in order to establish a prima facie case on appeal.

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

Interference with the election process must be dismissed if there is a failure to satisfy two prong test. Objecting party must show that there was improper conduct and that the conduct had an objective impact on the voters. Charging Party has not met its burden to show impact when the employer failed to provide additional voter information as the employer had provided all the information required by the Consent Election Agreement.

1304.00000 – REPRESENTATION ISSUES; OBJECTION TO ELECTIONS
1304.04000 – Voter Conduct

Board finds no impact on an election where an employee’s false statement regarding firing of employees should the union lose the election because it was revealed to be a misrepresentation before the ballots were due. Board finds that an accusation based on mere conjecture will not provide sufficient evidence required in order to establish a prima facie case on appeal.

1304.00000 – REPRESENTATION ISSUES; OBJECTION TO ELECTIONS
1304.05000 – Union Conduct

Board finds publication of a union authorization card would not reasonable tend to coerce or intimidate voters in an election when there is no evidence of an implied threat in the campaign literature creating a probable impact on the employees’ votes. Board finds that an accusation based on mere conjecture will not provide the sufficient evidence required in order to establish a prima facie case on appeal.