Decision A465M – San Diego Metropolitan Transit System * * * PUC TRANSIT CASE. PERB DECISION NUMBER CONTAINS INCORRECT LETTERING, AS CASE DID NOT ARISE UNDER MMBA * * *

LA-DP-436-M

Decision Date: June 12, 2018

Decision Type: PERB Decision

Description:  SMCS determined to proceed with a union’s attempt to replace the incumbent exclusive representative.  On appeal, the incumbent union asserted that the contract bar doctrine applies.

Disposition:  The Board affirmed the SMCS administrative determination, finding that SMCS correctly applied federal law in determining that (1) a one-month CBA extension is not long enough to create a contract bar; and (2) the contract bars applies only if both the contract ratification date and the contract’s effective date precede the filing date of a petition to decertify or replace the incumbent union.

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Perc Vol: 43
Perc Index: 11

Decision Headnotes

1301.00000 – REPRESENTATION ISSUES; CONTRACT BAR
1301.01000 – In General

Private sector law “shall apply” in deciding representation matters under the transit district acts (PERB Regulation 93080), though a transit district act takes precedence over federal law when there is a conflict. Under Crompton Company (1982) 260 NLRB 417, 418, a one-month CBA extension is not long enough to create a contract bar, because it is not long enough to create a new open window. Under Deluxe Metal Furniture Co. (1958) 121 NLRB 995, 999, fn 6, the contract bars applies only if both the contract ratification date and the contract’s effective date both precede the filing date of a petition to decertify or replace the incumbent union.

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

Private sector law “shall apply” in deciding representation matters under the transit district acts (PERB Regulation 93080), though a transit district act takes precedence over federal law when there is a conflict. Under Crompton Company (1982) 260 NLRB 417, 418, a one-month CBA extension is not long enough to create a contract bar, because it is not long enough to create a new open window. Under Deluxe Metal Furniture Co. (1958) 121 NLRB 995, 999, fn 6, the contract bars applies only if both the contract ratification date and the contract’s effective date both precede the filing date of a petition to decertify or replace the incumbent union.

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

Private sector law “shall apply” in deciding representation matters under the transit district acts (PERB Regulation 93080), though a transit district act takes precedence over federal law when there is a conflict. Under Crompton Company (1982) 260 NLRB 417, 418, a one-month CBA extension is not long enough to create a contract bar, because it is not long enough to create a new open window. Under Deluxe Metal Furniture Co. (1958) 121 NLRB 995, 999, fn 6, the contract bars applies only if both the contract ratification date and the contract’s effective date both precede the filing date of a petition to decertify or replace the incumbent union.

1302.00000 – REPRESENTATION ISSUES; DECERTIFICATION
1302.04000 – Bar To

Private sector law “shall apply” in deciding representation matters under the transit district acts (PERB Regulation 93080), though a transit district act takes precedence over federal law when there is a conflict. Under Crompton Company (1982) 260 NLRB 417, 418, a one-month CBA extension is not long enough to create a contract bar, because it is not long enough to create a new open window. Under Deluxe Metal Furniture Co. (1958) 121 NLRB 995, 999, fn 6, the contract bars applies only if both the contract ratification date and the contract’s effective date both precede the filing date of a petition to decertify or replace the incumbent union.

1303.00000 – REPRESENTATION ISSUES; ELECTIONS
1303.06000 – Consent Election Agreement

PERB Regulation 32999 applies to elections conducted “pursuant to the local rules of an MMBA, Trial Court Act or Court Interpreter Act employer.” For representation matters arising under the transit district acts, SMCS is required to conduct appropriate elections, regardless of whether the parties enter into a consent election agreement. (PERB Regs. 93070, subd. (a)).