Decision 0338E – Butte County Superintendent of Schools

S-D-59

Decision Date: August 22, 1983

Decision Type: PERB Decision

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Perc Vol: 7
Perc Index: 14246

Decision Headnotes

1301.00000 – REPRESENTATION ISSUES; CONTRACT BAR
1301.03000 – 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.

1301.00000 – REPRESENTATION ISSUES; CONTRACT BAR
1301.04000 – Window Period

Window period not eclipsed by premature extension of contract. PERB adopts NLRB premature extension of contract principle.