Decision A158E – Alum Rock Union Elementary School District * * * OVERRULED by Apple Valley Unified School District (1990) PERB Order No. Ad-209

SF-D-129

Decision Date: August 6, 1986

Decision Type: Administrative Appeal

 * * * OVERRULED by Apple Valley Unified School District (1990) PERB Order No. Ad-209 * * *

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Perc Vol: 10
Perc Index: 17148

Decision Headnotes

1301.00000 – REPRESENTATION ISSUES; CONTRACT BAR
1301.01000 – In General

* * * OVERRULED ON OTHER GROUNDS by Apple Valley Unified School District (1990) PERB Order No. Ad-209. * * *

Policy underlying contract bar rule is to promote stability in collective bargaining relationships and protect the right of employees to choose freely their exclusive representative; p. 6. (Overruled in Apple Valley USD (1990) PERB Order No. Ad-209.)

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

* * * OVERRULED by Apple Valley Unified School District (1990) PERB Order No. Ad-209, where the Board held that a contract extension that is insufficiently long to create a new window period will not create a contract bar. * * *

Premature extension doctrine provides that a contract extension which alters the window period established by the original contract is not a valid bar to the filing of a decertification petition; p. 7. Short-term extension will be a valid bar to a decertification petition so long as the parties are actively engaged in good-faith negotiations and absent other evidence of a bad-faith attempt to manipulate the window period; pp. 8-9. (Overruled in Apple Valley USD (1990) PERB Order No. Ad-209.)