All notes for Subtopic 1301.03000 – Midterm Modification; Premature Extension; Short Term Extension

DecisionDescriptionPERC Vol.PERC IndexDate
A465M San Diego Metropolitan Transit System * * * PUC TRANSIT CASE. PERB DECISION NUMBER CONTAINS INCORRECT LETTERING, AS CASE DID NOT ARISE UNDER MMBA * * *
1301.3000: REPRESENTATION ISSUES; CONTRACT BAR; Midterm Modification; Premature Extension; Short Term Extension
Private sector law “shall apply” in deciding representation matters under the transit district acts (PERB Regulation 93080), though a transit district act takes precedence over federal law when there is a conflict. Under Crompton Company (1982) 260 NLRB 417, 418, a one-month CBA extension is not long enough to create a contract bar, because it is not long enough to create a new open window. Under Deluxe Metal Furniture Co. (1958) 121 NLRB 995, 999, fn 6, the contract bars applies only if both the contract ratification date and the contract’s effective date both precede the filing date of a petition to decertify or replace the incumbent union. more or view all topics or full text.
431106/12/18
A405E Mount Diablo Unified School District
1301.3000: REPRESENTATION ISSUES; CONTRACT BAR; Midterm Modification; Premature Extension; Short Term Extension
The degree of notice to unit employees of the existence of the extension agreement was not relevant to determining whether the extension agreement was valid and barred the Teamsters’ petition. more or view all topics or full text.
3812101/14/14
A327M City of Carson
1301.3000: REPRESENTATION ISSUES; CONTRACT BAR; Midterm Modification; Premature Extension; Short Term Extension
The City’s calculation of an “open period” based on a petitioning union’s MOU rather than on the incumbent union’s MOU is not reasonable because it does not meet an objective of the contract bar doctrine to establish stability in employer/employee relations. more or view all topics or full text.
278806/20/03
A183S State of California (Department of Personnel Administration) (California Association of Psychiatric Technicians and Action, Communications Workers of America Local 9000)
1301.3000: REPRESENTATION ISSUES; CONTRACT BAR; Midterm Modification; Premature Extension; Short Term Extension
Decertification petition timely filed because new contract with later expiration date constituted premature extension; pp. 4-6, proposed dec more or view all topics or full text.
132010705/23/89
A158E Alum Rock Union Elementary School District * * * OVERRULED by Apple Valley Unified School District (1990) PERB Order No. Ad-209
1301.3000: REPRESENTATION ISSUES; CONTRACT BAR; Midterm Modification; Premature Extension; Short Term Extension
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.) more or view all topics or full text.
101714808/06/86
A096E Hayward Unified School District
1301.3000: REPRESENTATION ISSUES; CONTRACT BAR; Midterm Modification; Premature Extension; Short Term Extension
Appeal of order directing decertification election denied where, during the term of an existing contract, the parties execute a new contract which contains an expiration date later than that of the first contract; new contract is premature and will not act as a bar to a decertification election; p. 4, dismissal letter. Stay of decertification election denied where, during the term of an existing contract, the parties executed a new contract which contains an expiration date later than that of the first contract, and all unit members were not aware of the ramifications of the change in the window period; p. 3, dismissal letter. Purpose of the rule that premature contract will not act as a bar to a decertification election is to prevent manipulation of the window period for the filing of a decertification petition; p. 4. period for the filing of a decertification petition; p. 4. more or view all topics or full text.
41114006/10/80
A057E Bassett Unified School District * * * VACATED by Bassett Unified School District (1979) PERB Order No. Ad-63
1301.3000: REPRESENTATION ISSUES; CONTRACT BAR; Midterm Modification; Premature Extension; Short Term Extension
Where contract which ran for three year term gave employer unilateral right to terminate contract after first year, this contract clause did not amount to midterm modification, did not promote stable labor relations after the first year, and thus did not bar decertification petition filed after employer announced its tentative intention to terminate contract at end of first year; p. 20. more or view all topics or full text.
31002901/30/79
0476E San Francisco Unified School District
1301.3000: REPRESENTATION ISSUES; CONTRACT BAR; Midterm Modification; Premature Extension; Short Term Extension
Decertification petition barred by written 4 month extension of existing contract, premature extension doctrine not applicable as extension not entered into until window period expired; pp. 3-8. more or view all topics or full text.
91605312/31/84
0338E Butte County Superintendent of Schools
1301.3000: REPRESENTATION ISSUES; CONTRACT BAR; Midterm Modification; Premature Extension; Short Term Extension
PERB adopts regional director's application of the NLRB's principle of premature extension of contracts. A premature extension occurs when, during the term of an existing contract, the parties execute a new contract with an expiration date later than that of the first contract. The prematurely extended contract will not act as a bar to an election. more or view all topics or full text.
71424608/22/83