Decision A405E – Mount Diablo Unified School District

SF-DP-307-E

Decision Date: January 14, 2014

Decision Type: Administrative Appeal

Description: Appeal by decertifying union of an administrative determination dismissing decertifying union’s decertification petition as untimely, because it was filed outside of the window period created by an agreement between incumbent union and employer to extend by four months of the expiration of their existing memorandum of understanding (MOU), from June 30, 2013 to November 1, 2013. Decertifying union contended that the Board agent erred by not conducting an evidentiary hearing on the issue of whether the employer and incumbent union failed to provide unit employees notice of their extension agreement.

Disposition: Board concluded that failure of the employer and incumbent union to provide notice to unit employees of an agreement to extend expiration of a MOU is not a relevant fact when assessing whether a contract bar arises from the extension agreement.

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Perc Vol: 38
Perc Index: 121

Decision Headnotes

1301.00000 – REPRESENTATION ISSUES; CONTRACT BAR
1301.01000 – In General

The degree of notice to unit employees of the existence of the extension agreement was not relevant to determining whether the extension agreement was valid and barred the Teamsters’ petition.

1301.00000 – REPRESENTATION ISSUES; CONTRACT BAR
1301.03000 – Midterm Modification; Premature Extension; Short Term Extension

The degree of notice to unit employees of the existence of the extension agreement was not relevant to determining whether the extension agreement was valid and barred the Teamsters’ petition.

1311.00000 – REPRESENTATION ISSUES; JUDICIAL REVIEW, REPRESENTATION, DECISIONS
1311.02000 – Procedural Issues

In reviewing whether a Board agent has conducted a proper investigation, the Board looks at whether or not the Board agent abused his or her discretion. Our procedures afford no guarantee or entitlement to an evidentiary hearing in a representation proceeding. As stated in PERB Regulation 33237(a). Whenever a petition regarding a representation matter is filed with the Board, the Board shall investigate and, where appropriate, conduct a hearing and/or a representation election or take such other action as deemed necessary to decide the questions raised by the petition.