Decision A096E – Hayward Unified School District

SF-D-54

Decision Date: June 10, 1980

Decision Type: PERB Decision

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Perc Vol: 4
Perc Index: 11140

Decision Headnotes

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

Appeal of order directing decertification election denied where, during the term of an existing contract, the parties execute a new contract which contains an expiration date later than that of the first contract; new contract is premature and will not act as a bar to a decertification election; p. 4, dismissal letter. Stay of decertification election denied where, during the term of an existing contract, the parties executed a new contract which contains an expiration date later than that of the first contract, and all unit members were not aware of the ramifications of the change in the window period; p. 3, dismissal letter. Purpose of the rule that premature contract will not act as a bar to a decertification election is to prevent manipulation of the window period for the filing of a decertification petition; p. 4. period for the filing of a decertification petition; p. 4.

1301.00000 – REPRESENTATION ISSUES; CONTRACT BAR
1301.04000 – Window Period

Appeal of order directing decertification election denied where, during the term of an existing contract, the parties execute a new contract which contains an expiration date later than that of the first contract; new contract is premature and will not act as a bar to a decertification election; p. 4, dismissal letter. Stay of decertification election denied where, during the term of an existing contract, the parties executed a new contract which contains an expiration date later than that of the first contract, and all unit members were not aware of the ramifications of the change in the window period; p. 3, dismissal letter. Purpose of the rule that premature contract will not act as a bar to a decertification election is to prevent manipulation of the window period for the filing of a decertification petition; p. 4. period for the filing of a decertification petition; p. 4.

1302.00000 – REPRESENTATION ISSUES; DECERTIFICATION
1302.03000 – Stay of

Appeal of order directing decertification election denied where, during the term of an existing contract, the parties execute a new contract which contains an expiration date later than that of the first contract; new contract is premature and will not act as a bar to a decertification election; p. 4, dismissal letter. Stay of decertification election denied where, during the term of an existing contract, the parties executed a new contract which contains an expiration date later than that of the first contract, and all members were not aware of the ramifications of the change in the window period; p. 3, dismissal letter. Purpose of the rule that premature contract will not act as a bar to a decertification election is to prevent manipulation of the window period for the filing of a decertification petition; p. 4. period for the filing of a decertification petition; p. 4.

1302.00000 – REPRESENTATION ISSUES; DECERTIFICATION
1302.04000 – Bar To

Appeal of order directing decertification election denied where, during the term of an existing contract, the parties execute a new contract which contains an expiration date later than that of the first contract; new contract is premature and will not act as a bar to a decertification election; p. 4, dismissal letter. Stay of decertification election denied where, during the term of an existing contract, the parties executed a new contract which contains an expiration date later than that of the first contract, and all unit members were not aware of the ramifications of the change in the window period; p. 3, dismissal letter. Purpose of the rule that premature contract will not act as a bar to a decertification election is to prevent manipulation of the window period for the filing of a decertification petition; p. 4. period for the filing of a decertification petition; p. 4.

1303.00000 – REPRESENTATION ISSUES; ELECTIONS
1303.09000 – Stay of

Appeal of order directing decertification election denied where, during the term of an existing contract, the parties execute a new contract which contains an expiration date later than that of the first contract; new contract is premature and will not act as a bar to a decertification election; p. 4, dismissal letter. Stay of decertification election denied where, during the term of an existing contract, the parties executed a new contract which contains an expiration date later than that of the first contract, and all unit members were not aware of the ramifications of the change in the window period; p. 3, dismissal letter.