All notes for Subtopic 1300.04000 – Certification Bar

DecisionDescriptionPERC Vol.PERC IndexDate
2318M County of Amador
1300.4000: REPRESENTATION ISSUES; CERTIFICATION/VOLUNTARY RECOGNITION; Certification Bar
The purpose of MMBA section 3507 is to create labor stability of at least one year after an organization is recognized as the bargaining agent for employees of an appropriate unit. A county employment relations policy that creates the opposite of what the MMBA provides by requiring, rather than prohibiting, decertification petitions to be filed only within twelve months of certification, is invalid. more or view all topics or full text.
382307/12/13
1622M Westlands Water District
1300.4000: REPRESENTATION ISSUES; CERTIFICATION/VOLUNTARY RECOGNITION; Certification Bar
Union alleged that District violated local rules by allowing unit modification election to proceed within 12 months of an unsuccessful decertification election. Board rejected union’s argument that a contract bar existed; instead, Board found that local rule provided a 12-month bar only from the date of formal recognition. However, Board found that separate local rule provided a 12-month bar following the date of any recognition election. Thus, Board reversed dismissal and remanded case for issuance of complaint. more or view all topics or full text.
2814404/22/04
A138S State of California (State Employees Trade Council)
1300.4000: REPRESENTATION ISSUES; CERTIFICATION/VOLUNTARY RECOGNITION; Certification Bar
Exclusive representative's petition to create a separate unit of skilled hydroelectric craft employees less than one year after certification of large comprehensive unit is denied. Severance of hydroelectric employees after so brief a period would be disruptive and effectively destabilize employer-employee relations. more or view all topics or full text.
71415805/20/83
A050E Taft Union High School District
1300.4000: REPRESENTATION ISSUES; CERTIFICATION/VOLUNTARY RECOGNITION; Certification Bar
The certification and contract bars are not mutually exclusive. The two bars may operate in tandem to consume the 29-day statutory window period near the end of an existing contract. The purpose of the recognition, certification and contract bars is to promote an environment in which a rapport between the exclusive representative and the employer can develop free from the uncertainty and disruption of rival organizational activities. It is only during the first year of a new exclusive representative's tenure that these bars can overlap to freeze out an attempted decertification. more or view all topics or full text.
31000012/08/78
1082E San Juan Unified School District
1300.4000: REPRESENTATION ISSUES; CERTIFICATION/VOLUNTARY RECOGNITION; Certification Bar
A written agreement that exceeds 36 months does not constitute a contract bar to representation petitions; p. 6. more or view all topics or full text.
192603901/18/95