Decision 0348S – State of California (State Employees Trades Council)
S-R-723-S; SR-12
Decision Date: September 30, 1983
Decision Type: PERB Decision
Perc Vol: 7
Perc Index: 14262
Decision Headnotes
1308.01000 – In General
Dismissal of severance petition proper where, prior to petition filing, parties had signed off on tentative agreements and ratification of tentative not conditional to full and binding agreement.
1503.02000 – Regulations Considered (By Number)
40260 - contract bar operable based on contract not formally signed.
1301.04000 – 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.
101.03000 – NLRA/LMRDA Precedent
PERB adopts NLRB precedent on signed tentative agreements, but not formally signed contract as bar to severance petition, even where NLRB precedent not predicated upon express statutory provision, but rather upon administrative decisional process.
104.01000 – Authority of Board In General; Validity and Application of Regulations (See also 102.01)
PERB adopts NLRB precedent on signed tentative agreements, but not formally signed contract as bar to severance petition, even where NLRB precedent not predicated upon express statutory provision, but rather upon administrative decisional process. Authority of board to adopt NLRB principle.
1301.01000 – In General
Rules of representation concerning window period will be strictly construed to promote stable employer-employee relations and thereby effectuate purposes of the act.