CASE PROCESSING PROCEDURES; COMPLAINT – Parties

Single Topic for Decision 2082E

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PERB cannot issue a complaint against an arbitrator; it can only issue a complaint against an employer or an employee organization. Thus, before PERB can determine whether an arbitration decision is repugnant to the Act, the charging party must first establish that the respondent engaged in conduct that violates the Act. A charge based solely on a claim that a third-party arbitration decision is repugnant cannot stand on its own and is insufficient to state a prima facie case for violation of EERA. Here the District’s charge sought a repugnancy review of a third-party arbitration, but did not allege conduct by the Respondent/Federation that violated EERA and therefore did not establish a prima facie case against the respondent for violation of the Act.