REPRESENTATION ISSUES; CONTRACT BAR – In General
Single Topic for Decision A057E
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1301.01000 – In General
EERA section 3544.7(b)(1) bars rival organizations from filing decertification petition where parties execute collective bargaining agreement, except if petition filed between 120 and 90 days before expiration of contract; p. 9. NLRB has made clear that not all collective bargaining agreements are protected by contract bar rule; p. 10. Under NLRB precedent, NLRB will not direct an election if a contract is in force and if: contract is in writing and signed by the parties, provides exclusive recognition for bargaining agent, covers an appropriate unit, provides substantial terms and conditions of employment, and extends for a definite and reasonable term; p. 10. Board not bound by NLRB decisions, but takes cognizance of them in analogous areas of law; p. 10. analogous areas of law; p. 10.