Decision A280E – Alum Rock Union Elementary School District
SF-D-226
Decision Date: December 6, 1996
Decision Type: Administrative Appeal
Description: Union appealed finding that a decertification election petition was properly filed resulting in an election order.
Disposition: Petition dismissed. The decertification petition was filed outside the statutory window period.
Perc Vol: 21
Perc Index: 28023
Decision Headnotes
1301.04000 – Window Period
The Board is protective of employees' freedom to express their desires on union representation. However, this policy is restricted by the need for stability in employer-employee relations (Bassett USD, pp. 3-4); In EERA section 3544.7(b)(1), the Legislature balanced these competing interests by identifying a very specific period of time during which a decertification petition may be filed if there is a collective bargaining agreement in effect; accordingly, when PERB considers a decertification petition, it strictly enforces the window period since the window period provided by EERA section 3544.7(b) is "unequivocally defined;" p. 6. Where petitioner filed for one unit and outside window period corrected the petition to file for 2 units, second petition was untimely; pp. 6-7. untimely; pp. 6-7.
1302.01000 – In General; Filing Requirements
The Board is protective of employees' freedom to express their desires on union representation. However, this policy is restricted by the need for stability in employer-employee relations (Bassett USD, pp. 3-4); In EERA section 3544.7(b)(1), the Legislature balanced these competing interests by identifying a very specific period of time during which a decertification petition may be filed if there is a collective bargaining agreement in effect; accordingly, when PERB considers a decertification petition, it strictly enforces the window period since the window period provided by EERA section 3544.7(b) is "unequivocally defined;" p. 6. Where petitioner filed for one unit and outside window period corrected the petition to file for 2 units, second petition was untimely; pp. 6-7. untimely; pp. 6-7.
1302.04000 – Bar To
The Board is protective of employees' freedom to express their desires on union representation. However, this policy is restricted by the need for stability in employer-employee relations (Bassett USD, pp. 3-4); In EERA section 3544.7(b)(1), the Legislature balanced these competing interests by identifying a very specific period of time during which a decertification petition may be filed if there is a collective bargaining agreement in effect; accordingly, when PERB considers a decertification petition, it strictly enforces the window period since the window period provided by EERA section 3544.7(b) is "unequivocally defined;" p. 6. Where petitioner filed for one unit and outside window period corrected the petition to file for 2 units, second petition was untimely; pp. 6-7. untimely; pp. 6-7.
1407.01000 – General Principles
Where case hinges on strict application of a clearly worded statute, prejudice to a party is not considered by the Board; p. 8, fn. 8.