REPRESENTATION ISSUES; CONTRACT BAR – Midterm Modification; Premature Extension; Short Term Extension

Single Topic for Decision A158E

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* * * OVERRULED by Apple Valley Unified School District (1990) PERB Order No. Ad-209, where the Board held that a contract extension that is insufficiently long to create a new window period will not create a contract bar. * * *

Premature extension doctrine provides that a contract extension which alters the window period established by the original contract is not a valid bar to the filing of a decertification petition; p. 7. Short-term extension will be a valid bar to a decertification petition so long as the parties are actively engaged in good-faith negotiations and absent other evidence of a bad-faith attempt to manipulate the window period; pp. 8-9. (Overruled in Apple Valley USD (1990) PERB Order No. Ad-209.)