Decision A261E – Capistrano Unified School District

LA-D-293

Decision Date: October 12, 1994

Decision Type: PERB Decision

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Perc Vol: 18
Perc Index: 25147

Decision Headnotes

1503.00000 – MISCELLANEOUS ISSUES; REGULATIONS
1503.03000 – Regulations Considered (By Number) (Continued)

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.

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

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.

1301.00000 – REPRESENTATION ISSUES; CONTRACT BAR
1301.01000 – In General

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.

1302.00000 – REPRESENTATION ISSUES; DECERTIFICATION
1302.01000 – In General; Filing Requirements

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.

1302.00000 – REPRESENTATION ISSUES; DECERTIFICATION
1302.04000 – Bar To

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.