CASE PROCESSING PROCEDURES; DEFERRAL TO ARBITRATION – Post Arbitration; Repugnancy

Single Topic for Decision 0218E

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Union's charge of unilateral change of bus parking locations properly deferred (post-arbitration) and award not repugnant to Act where: (a) the arbitral and statutory issues are clearly parallel, both turning on whether the District had the contractual right to unilaterally change bus parking locations; (b) the arbitrator was presented with and considered all evidence relevant to the unfair charge, including bargaining history relevant to waiver issue; (c) finding of waiver was not contrary to "clear and unmistakable" standard adopted by PERB; pp. 7-9.