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PERB explains revocation and orders mail ballot rerun after contested FOP election
Summary
PERB told the committee it revoked a union certification for alleged fiscal integrity violations, the Superior Court lifted a stay, and the board ordered a mail-ballot rerun of a contested Department of Corrections representation election; PERB said it is coordinating a vendor and schedule.
The Public Employee Relations Board told the Committee on Executive Administration and Labor that it acted within its statutory authority when it revoked a labor organization’s certification and later ordered a rerun of a contested representation election.
"The Board revoked the certification of the FOP for their failure to comply with the standards of conduct to maintain the fiscal integrity of a labor organization," Royall Sims, Executive Director of PERB, said in response to questions. Sims said the Superior Court initially issued a stay but later affirmed PERB’s decision on substantial evidence. PERB conducted an in-person election that the FOP won, Sims said, but a hearing examiner found the election could have been unduly influenced; the board therefore ordered a mail-ballot rerun and has secured a vendor to conduct it.
Committee Chair Anita Barnes asked PERB to provide copies of notices and correspondence related to scheduling and to send a list of remedies PERB may recommend when agencies are found to violate labor law. Sims said PERB’s statutory authority permits recommending discipline or corrective actions but that PERB has historically focused on neutrality and process. The committee asked PERB to provide follow-up materials and timetable for the rerun election.
