Decision A057E – Bassett Unified School District * * * VACATED by Bassett Unified School District (1979) PERB Order No. Ad-63

LA-R-587

Decision Date: January 30, 1979

Decision Type: PERB Decision

 * * * VACATED by Bassett Unified School District (1979) PERB Order No. Ad-63 * * *

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Perc Vol: 3
Perc Index: 10029

Decision Headnotes

1301.00000 – REPRESENTATION ISSUES; CONTRACT BAR
1301.04000 – Window Period

Where contract which ran for three year term gave employer unilateral right to terminate contract after first year, this contract clause did not amount to midterm modification, did not promote stable labor relations after the first year, and thus did not bar decertification petition filed after employer announced its tentative intention to terminate contract at end of first year; p. 20.

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

Where contract which ran for three year term gave employer unilateral right to terminate contract after first year, this contract clause did not amount to midterm modification, did not promote stable labor relations after the first year, and thus did not bar decertification petition filed after employer announced its tentative intention to terminate contract at end of first year; p. 20.

1301.00000 – REPRESENTATION ISSUES; CONTRACT BAR
1301.01000 – In General

EERA section 3544.7(b)(1) bars rival organizations from filing decertification petition where parties execute collective bargaining agreement, except if petition filed between 120 and 90 days before expiration of contract; p. 9. NLRB has made clear that not all collective bargaining agreements are protected by contract bar rule; p. 10. Under NLRB precedent, NLRB will not direct an election if a contract is in force and if: contract is in writing and signed by the parties, provides exclusive recognition for bargaining agent, covers an appropriate unit, provides substantial terms and conditions of employment, and extends for a definite and reasonable term; p. 10. Board not bound by NLRB decisions, but takes cognizance of them in analogous areas of law; p. 10. analogous areas of law; p. 10.