REPRESENTATION ISSUES; CONTRACT BAR – Window Period
Single Topic for Decision A280E
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1301.04000 – Window Period
The Board is protective of employees' freedom to express their desires on union representation. However, this policy is restricted by the need for stability in employer-employee relations (Bassett USD, pp. 3-4); In EERA section 3544.7(b)(1), the Legislature balanced these competing interests by identifying a very specific period of time during which a decertification petition may be filed if there is a collective bargaining agreement in effect; accordingly, when PERB considers a decertification petition, it strictly enforces the window period since the window period provided by EERA section 3544.7(b) is "unequivocally defined;" p. 6. Where petitioner filed for one unit and outside window period corrected the petition to file for 2 units, second petition was untimely; pp. 6-7. untimely; pp. 6-7.