CASE PROCESSING PROCEDURES; DEFERRAL TO ARBITRATION – Pre-Arbitration

Single Topic for Decision 0734S

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* * * OVERRULED by multiple decisions, as recognized in State of California (Department of Corrections and Rehabilitation) (2024) PERB Decision No. 2926-S, because relied on notion that deferral was jurisdictional rather than discretionary, applied standards that are now superseded, and improperly bifurcated interrelated claims. * * *

Where an employer threatened the employee organization by referring to withdrawal of employment contracts, a prima facie case is stated and will not be deferred where the employee organization does not have contractual right to arbitrate the matter; p. 2.