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Decision 0406E – San Benito Joint Union High School District

SF-CE-776

Decision Date: September 13, 1984

Decision Type: PERB Decision

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Perc Vol: 8
Perc Index: 15165

Decision Headnotes

605.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; OTHER PER SE VIOLATIONS
605.02000 – Insistence on Nonmandatory/Illegal Subjects (See also Scope of Representation, Sec 1000)

Employer proposal to amend duration of existing three-year agreement by altering beginning date and expiration date so that both are one year later is not illegal subject. Proposal would not violate section 3540.1(h) prohibition against contracts exceeding three years. Revised contract on its face would not exceed three years and purpose of revision was not to foreclose possibility of decertification election.

407.00000 – EMPLOYER INTERFERENCE, RESTRAINT, COERCION; INTERFERENCE WITH DECERTIFICATION OR RIVAL UNION PETITION
407.03000 – Premature Extension Doctrine

Employer proposal to amend duration of existing three-year agreement by altering beginning date and expiration date so that both are one year later would not violate Section 3540.1(h) prohibition against contracts exceeding three years. Revised contract on its face would not exceed three years and purpose of revision was not to foreclose possibility of decertification election.