Decision A191S – State of California (Department of Personnel Administration) (California Union of Safety Employees and California State Peace Officers Association)

S-S-124-S

Decision Date: August 24, 1989

Decision Type: PERB Decision

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Perc Vol: 13
Perc Index: 20174

Decision Headnotes

1301.00000 – REPRESENTATION ISSUES; CONTRACT BAR
1301.01000 – In General

Oral contract extension of indefinite duration did not act as a contract bar where PERB sets up test that it must be evinced by a writing, signed and contain substantial terms and conditions of employment, and be for a definite duration; pp. 6-9. A successor agreement which had not yet been ratified also was insufficient to constitute a contract bar because the MOU required ratification by union membership prior to its effectiveness; pp. 9-10.

1503.00000 – MISCELLANEOUS ISSUES; REGULATIONS
1503.02000 – Regulations Considered (By Number)

40260(b), under PERB Regulation 40260(b), there must be a valid and binding MOU currently in effect between the employer and the union representing the unit in question at the time that the petition is filed in order to effectively bar the filing of a severance petition; p. 5.

101.00000 – PERB: OPERATION, JURISDICTION, AUTHORITY; APPLICABILITY OF AND CONFLICTS WITH OTHER STATUTES
101.03000 – NLRA/LMRDA Precedent

Appropriate to look to NLRB precedent for guidance where the federal rule has been the prototype for California labor legislation, and particularly regarding contract bar rule: p. 6; PERB has followed much of NLRB's contract bar doctrine, but has declined to follow it in toto; p. 7, fn. 4.