Decision A405E – Mount Diablo Unified School District

SF-DP-307-E

Decision Date: January 14, 2014

Decision Type: Administrative Appeal

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Perc Vol: 38
Perc Index: 121

Decision Headnotes

1301.00000 – REPRESENTATION ISSUES; CONTRACT BAR
1301.01000 – In General

The degree of notice to unit employees of the existence of the extension agreement was not relevant to determining whether the extension agreement was valid and barred the Teamsters’ petition.

1301.00000 – REPRESENTATION ISSUES; CONTRACT BAR
1301.03000 – Midterm Modification; Premature Extension; Short Term Extension

The degree of notice to unit employees of the existence of the extension agreement was not relevant to determining whether the extension agreement was valid and barred the Teamsters’ petition.

1311.00000 – REPRESENTATION ISSUES; JUDICIAL REVIEW, REPRESENTATION, DECISIONS
1311.02000 – Procedural Issues

In reviewing whether a Board agent has conducted a proper investigation, the Board looks at whether or not the Board agent abused his or her discretion. Our procedures afford no guarantee or entitlement to an evidentiary hearing in a representation proceeding. As stated in PERB Regulation 33237(a). Whenever a petition regarding a representation matter is filed with the Board, the Board shall investigate and, where appropriate, conduct a hearing and/or a representation election or take such other action as deemed necessary to decide the questions raised by the petition.