All notes for Subtopic 1300.04000 – Certification Bar
| Decision | Description | PERC Vol. | PERC Index | Date |
|---|---|---|---|---|
| A481E | Gompers Preparatory Academy 1300.04000: REPRESENTATION ISSUES; CERTIFICATION/VOLUNTARY RECOGNITION; 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.) more or view all topics or full text. | 45 | 54 | 10/22/20 |
| 2318M | County of Amador 1300.04000: 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. | 38 | 23 | 07/12/13 |
| 1622M | Westlands Water District 1300.04000: 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. | 28 | 144 | 04/22/04 |
| A138S | State of California (State Employees Trade Council) 1300.04000: 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. | 7 | 14158 | 05/20/83 |
| A050E | Taft Union High School District 1300.04000: 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. | 3 | 10000 | 12/08/78 |
| 1082E | San Juan Unified School District 1300.04000: 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. | 19 | 26039 | 01/18/95 |