CASE PROCESSING PROCEDURES; DEFERRAL TO ARBITRATION – Post Arbitration; Repugnancy
Single Topic for Decision 0414Ea
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1102.02000 – Post Arbitration; Repugnancy
After winning an advisory arbitrator's award but losing a later PERB decision on the same matter, the charging party cannot retroactively defer to arbitration. The PERB will defer only to precedures culminating in binding arbitration or in response to a motion from both parties. Despite the employer's acceptance of the award, the underlying procedure was advisory. Charging party had the opportunity to accept the award but choose to proceed with the unfair practice charge.