Decision A050E – Taft Union High School District

LA-R-20, 450; D-11

Decision Date: December 8, 1978

Decision Type: PERB Decision

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Perc Vol: 3
Perc Index: 10000

Decision Headnotes

1302.00000 – REPRESENTATION ISSUES; DECERTIFICATION
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.

1503.00000 – MISCELLANEOUS ISSUES; REGULATIONS
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.

1300.00000 – REPRESENTATION ISSUES; CERTIFICATION/VOLUNTARY RECOGNITION
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.

1503.00000 – MISCELLANEOUS ISSUES; REGULATIONS
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.

1301.00000 – REPRESENTATION ISSUES; CONTRACT BAR
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.