Decision A209E – Apple Valley Unified School District

LA-D-245

Decision Date: June 14, 1990

Decision Type: PERB Decision

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Perc Vol: 14
Perc Index: 21121

Decision Headnotes

104.00000 – PERB: OPERATION, JURISDICTION, AUTHORITY; STATUTORY AUTHORITY OF BOARD
104.01000 – Authority of Board In General; Validity and Application of Regulations (See also 102.01)

Not within the Board's authority to adopt contract bar rules which are inconsistent with the express language of the statute; p. 10

1301.00000 – REPRESENTATION ISSUES; CONTRACT BAR
1301.01000 – In General

To act as a bar, contract need be ratified only if the parties agree, in ground rules or in the contract itself, that the contract is not effective until ratified; pp. 3, 6. Contract signed by chief negotiator may act as a bar even if not yet formally "accepted" by the district; pp. 3-4, 6. Initials of negotiators are sufficient to meet the requirement that, to act as a bar, a contract must be "signed"; pp. 9-11. Language of EERA section 3544.7(b)(1) requires that, to act as a bar, a contract must be long enough to create a window period (at least 120 days). Overrules Alum Rock No. Ad-158; "bright line" rule found to be mandated by statute will also serve to minimize potential for disputes and, consequently, avoid delay that harms fundamental employee rights and disrupts labor relations; pp. 9-11. relations; pp. 9-11.

1301.00000 – REPRESENTATION ISSUES; CONTRACT BAR
1301.04000 – Window Period

Language of EERA section 3544.7(b)(1) requires that, to act as a bar, a contract must be long enough to create a window period (at least 120 days). Overrules Alum Rock No. Ad-158; pp. 9-11.

1407.00000 – GENERAL LEGAL PRINCIPLES; STATUTORY CONSTRUCTION
1407.01000 – General Principles

Not within the Board's authority to adopt contract bar rules that are inconsistent with the express language of the statute; qualifying phrases must be applied to the words immediately preceding them; p. 10.