Decision A298E – Fall River Joint Unified School District
Decision Date: October 7, 1999
Decision Type: Administrative Appeal
Description: The Board denied the appeal of a Board agent’s administrative determination that the severance petition filed by the Teamsters was not filed within the window period described in EERA.
Disposition: Denied. The severance petition was not filed within the window period.
Perc Vol: 23
Perc Index: 30179
1301.01000 – In General
PERB has held that an agreement must be in writing and signed, and contain substantial terms and conditions of employment in order to constitute a contract bar. A signed written agreement that incorporates all the provisions of the previous agreement and extends them which was signed before the end of the previous agreement's term does meet this test when there were no ground rules requiring unit or Board approval; p. 2, dismissal letter.
1301.04000 – Window Period
The only time certain that employees can rely on to petition to change exclusive bargaining agents is the window period prior to expiration of an agreement. The petitioners missed that opportunity in this case; p. 2, dismissal letter.