REPRESENTATION ISSUES; CONTRACT BAR – In General
Single Topic for Decision 1581M
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1301.01000 – In General
The MMBA sets no maximum length for the term of an MOU and it contains no provision that establishes a contract bar as a limitation on the exercise of employee choice in the selection of an exclusive representative. The goal of a contract bar is to promote stability in labor-management relations while at the same time ensuring that employees retain free choice to remove or change an exclusive representative within some reasonable period. County ordinance provided a contract bar during entire term of agreement, but prohibited agreements with terms longer than three years. County improperly agreed to a five-year contract with union. Board held that under ordinance, a five-year contract might be binding on the parties but would not serve as an election bar at all. Board rejected County’s argument that contract bar should at least apply for first three years of five-year contract.