Decision 0348S – State of California (State Employees Trades Council)

S-R-723-S; SR-12

Decision Date: September 30, 1983

Decision Type: PERB Decision

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Perc Vol: 7
Perc Index: 14262

Decision Headnotes

1308.00000 – REPRESENTATION ISSUES; SEVERANCE
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.

1503.00000 – MISCELLANEOUS ISSUES; REGULATIONS
1503.02000 – Regulations Considered (By Number)

40260 - contract bar operable based on contract not formally signed.

1301.00000 – REPRESENTATION ISSUES; CONTRACT BAR
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.

101.00000 – PERB: OPERATION, JURISDICTION, AUTHORITY; APPLICABILITY OF AND CONFLICTS WITH OTHER STATUTES
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.

104.00000 – PERB: OPERATION, JURISDICTION, AUTHORITY; STATUTORY AUTHORITY OF BOARD
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.

1301.00000 – REPRESENTATION ISSUES; CONTRACT BAR
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.