All notes for Subtopic 1301.04000 – Window Period

DecisionDescriptionPERC Vol.PERC IndexDate
2392C San Bernardino County Superior Court
1301.4000: REPRESENTATION ISSUES; CONTRACT BAR; Window Period
The extension language in the parties’ MOU, which provided that the extension would expire on November 30, 2012, or when the parties reached a successor agreement if that occurred sooner, did not render the 2011-2012 MOU or its extension a contract of indefinite duration. PERB’s regulations do not supplant a lawful local rule for determining the window period for a decertification petition. more or view all topics or full text.
395209/26/14
A385E Compton Unified School District
1301.4000: REPRESENTATION ISSUES; CONTRACT BAR; Window Period
Severance petitions may only be filed during the appropriate “window period” established by Government Code sections 3544.1(c) and 3544.7(b)(1) which is less than 120 days, but more than 90 days, prior to the expiration of a lawful written agreement negotiated by the public employer and the exclusive representative. more or view all topics or full text.
3415110/18/10
A365E Grossmont-Cuyamaca Community College District
1301.4000: REPRESENTATION ISSUES; CONTRACT BAR; Window Period
A representation petition was untimely filed when it was filed after close of business (5:00 p.m.) on the last day of the day set for filing. The Board affirmed the Board agent’s finding that a good cause consideration under PERB Regulation 32136 was inappropriate to extend the deadline beyond the end of the window period. more or view all topics or full text.
3111306/20/07
1678E Delano Joint Union High School District
1301.4000: REPRESENTATION ISSUES; CONTRACT BAR; Window Period
Board dismissed request for recognition where employees at issue where found to be within existing classified unit and petition was not filed within proper window period. more or view all topics or full text.
2822208/20/04
A298E Fall River Joint Unified School District
1301.4000: REPRESENTATION ISSUES; CONTRACT BAR; Window Period
The only time certain that employees can rely on to petition to change exclusive bargaining agents is the window period prior to expiration of an agreement. The petitioners missed that opportunity in this case; p. 2, dismissal letter. more or view all topics or full text.
233017910/07/99
A280E Alum Rock Union Elementary School District
1301.4000: REPRESENTATION ISSUES; CONTRACT BAR; 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. more or view all topics or full text.
212802312/06/96
A209E Apple Valley Unified School District
1301.4000: REPRESENTATION ISSUES; CONTRACT BAR; Window Period
Language of EERA section 3544.7(b)(1) requires that, to act as a bar, a contract must be long enough to create a window period (at least 120 days). Overrules Alum Rock No. Ad-158; pp. 9-11. more or view all topics or full text.
142112106/14/90
A096E Hayward Unified School District
1301.4000: REPRESENTATION ISSUES; CONTRACT BAR; Window Period
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
1301.4000: REPRESENTATION ISSUES; CONTRACT BAR; Window Period
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
A063E Bassett Unified School District
1301.4000: REPRESENTATION ISSUES; CONTRACT BAR; Window Period
Window period provides employees the opportunity to exercise choice but allows a retained exclusive representative to proceed with negotiations insulated from continued excursions. more or view all topics or full text.
31004603/23/79
0348S State of California (State Employees Trades Council)
1301.4000: REPRESENTATION ISSUES; CONTRACT BAR; Window Period
Rules of representation concerning window period will be strickly construed to promote stable employer-employee relations and thereby effectuate purposes of the act. more or view all topics or full text.
71426209/30/83
0338E Butte County Superintendent of Schools
1301.4000: REPRESENTATION ISSUES; CONTRACT BAR; Window Period
Window period not eclipsed by premature extension of contract. PERB adopts NLRB premature extension of contract principle. more or view all topics or full text.
71424608/22/83