Decision A261E – Capistrano Unified School District

32375. The district's brief, in response to the union's appeal in a contract bar case, does not consitute an original, independent appeal of the administrative determination. It is therefore timely filed; p. 9, fn. 4.

In deciding contract bar disputes, the Board has found that federal precedent under the NLRA provides significant guidance; p. 9. While the Board has not adopted the NLRB's contract bar rules in total, the Board has determined that it is appropriate to consider federal precedent and policy in interpreting contract bar statutes and regulations under the acts administered by PERB; p. 10.

In deciding contract bar disputes, the Board has found that federal precedent under the NLRA provides significant guidance; p. 9. While the Board has not adopted the NLRB's contract bar rules in total, the Board has determined that it is appropriate to consider federal precedent and policy in interpreting contract bar statutes and regulations under the acts administered by PERB; p. 10. In developing its contract bar rules, the Board, like the NLRB, seeks a balance between the goal of fostering labor relations stability and the right of employees to freely choose their representative; p. 13. While the parties have made ratification a condition precedent to the effectiveness of the contract and ratification occurs, that ratification activates a contract bar to the filing of a decertification petition, regardless of whether the agreement had been signed by the parties prior to ratification. By this rule, the Board decertification petition, regardless of whether the agreement had been signed by the parties prior to ratification. By this rule, the Board effectiveness of a contract by express contractual provision; p. 14. Not only must an agreement be ratified, where required by express contractual provision, to serve as a contract bar, but a contract must also contain substantial terms and conditions of employment deemed sufficient to stabilize the bargaining relationship; it will not constitute a bar if it is limited to wages only, or to one or several provisions not deemed substantial; p. 14.

In developing its contract bar rules, the Board, like the NLRB, seeks a balance between the goal of fostering labor relations stability and the right of employees to freely choose their representative; p. 13. Where the parties have made ratification a condition precedent to the effectiveness of the contract and ratification occurs, that ratification activates a contract bar to the filing of a decertification petition, regardless of whether the agreement had been signed by the parties prior to ratification. By this rule, the Board does not alter its prior adoption of the signature requirement in cases where ratification is not a condition precedent to the effectiveness of a contract by express contractual provision; p. 14.

In deciding contract bar disputes, the Board has found that federal precedent under the NLRA provides significant guidance; p. 9. In developing its contract bar rules, the Board, like the NLRB, seeks a balance between the goal of fostering labor relations stability and the right of employees to freely choose their representative; p. 13. Where the parties have made ratification a condition precedent to the effectiveness of the contract and ratification occurs, that ratification activates a contract bar to the filing of a decertification petition, regardless of whether the agreement had been signed by the parties prior to ratification. By this rule, the Board does not alter its prior adoption of the signature requirement in cases where ratification is not a condition precedent to the effectiveness of a contract by express contractual provision; p. 14. Not only must an agreement be ratified, where required by express effectiveness of a contract by express contractual provision; p. 14. Not only must an agreement be ratified, where required by express deemed sufficient to stabilize the bargaining relationship; it will not constitute a bar if it is limited to wages only, or to one or several provisions not deemed substantial; p. 14.