Decision 1319E – Kern High School District
Decision Date: March 19, 1999
Decision Type: PERB Decision
Description: Employee appealed Board agent’s ruling granting District’s Motion to dismiss charge and complaint based on application of premature extension doctrine to maintenance of membership arrangement contained in CBA.
Disposition: Appeal granted. Charge reinstated and remanded to Board agent for further proceedings.
Perc Vol: 23
Perc Index: 30079
803.01000 – In General
Maintenance of membership provision will not bind employees unless it is part of an effective written agreement; p. 9. When maintenance of membership provision ceases to have effect, i.e., when contract no longer in effect or when effective contract is superceded by a new contract, EERA section 3540.1(i)(1) permits employees to terminate their membership for a period of thirty days; p. 10. Board declines to extend premature contract extension doctrine to cover EERA section 3540.1(i)(1) (maintenance of membership provisions), p. 7.