Decision A050E – Taft Union High School District
LA-R-20, 450; D-11
Decision Date: December 8, 1978
Decision Type: Administrative Appeal
Perc Vol: 3
Perc Index: 10000
Decision Headnotes
1302.04000 – Bar To
The certification and contract bars are not mutually exclusive. The two bars may operate in tandem to consume the 29-day statutory window period near the end of an existing contract. The purpose of the recognition, certification and contract bars is to promote an environment in which a rapport between the exclusive representative and the employer can develop free from the uncertainty and disruption of rival organizational activities. It is only during the first year of a new exclusive representative's tenure that these bars can overlap to freeze out an attempted decertification.
1503.01000 – In General
Regulations validly enacted pursuant to a legislative grant of authority such as EERA section 3541.3(g) have the force and effect of law; p. 4.
1300.04000 – Certification Bar
The certification and contract bars are not mutually exclusive. The two bars may operate in tandem to consume the 29-day statutory window period near the end of an existing contract. The purpose of the recognition, certification and contract bars is to promote an environment in which a rapport between the exclusive representative and the employer can develop free from the uncertainty and disruption of rival organizational activities. It is only during the first year of a new exclusive representative's tenure that these bars can overlap to freeze out an attempted decertification.
1503.02000 – Regulations Considered (By Number)
33250(b) requires dismissal of a decertification petition whenever either of the conditions of EERA section 3544.7(b) are satisfied or when representation election result has been certified by the Board within 12 months preceding the filing of the petition; p. 3.
1301.01000 – In General
The certification and contract bars are not mutually exclusive. The two bars may operate in tandem to consume the 29-day statutory window period near the end of an existing contract. The purpose of the recognition, certification and contract bars is to promote an environment in which a rapport between the exclusive representative and the employer can develop free from the uncertainty and disruption of rival organizational activities. It is only during the first year of a new exclusive representative's tenure that these bars can overlap to freeze out an attempted decertification.