PERB Issues First Stay of Election Under New Regulations

On October 1, 2013, the Public Employment Relations Board (PERB) adopted a set of new regulations concerning elections run by the State Mediation and Conciliation Service (SMCS).  The SMCS conducts representation elections, among other things.  The new PERB regulations apply to elections involving local public agency employees covered by the Meyers-Milias-Brown Act (MMBA), when those elections are run by SMCS.

Under the new regulations, PERB will issue an order staying an upcoming representation election if it determines unlawful conduct would so affect the election process that it would prevent employees from “exercising free choice.”  Previously, PERB had the power to stay PERB-conducted elections, but not SMCS-conducted elections.  Under the new regulations, elections are stayed, or postponed, until PERB can investigate and remedy any unlawful conduct which has had an effect on the election.  The goal is to insure that employees are not unfairly influenced by unlawful conduct when they cast votes in representation elections.

Last week, PERB issued its first order staying an election under the new regulations, in an election involving employees of the City of Napa.  PERB will now investigate and, if appropriate, remedy the alleged unlawful practices.

For more information on these new regulations, please contact your labor law counsel.

By Jake White | February 10, 2014

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