REPRESENTATION ISSUES; CERTIFICATION/VOLUNTARY RECOGNITION – Certification Bar
Single Topic for Decision A481E
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1300.00000 – REPRESENTATION ISSUES; CERTIFICATION/VOLUNTARY RECOGNITION
1300.04000 – Certification Bar
1300.04000 – Certification Bar
The bar on processing a representation petition in the 12-month period following certification of an exclusive representative gives the newly certified union “breathing room” to bargain an initial collective bargaining agreement. (p. 7, fn. 5.) An employer may not engage in unlawful dilatory bargaining conduct during first contract bargaining so the one-year certification bar will expire without a contract in place, thereby allowing the filing of a decertification petition. (p. 7.)