PERB: OPERATION, JURISDICTION, AUTHORITY; APPLICABILITY OF AND CONFLICTS WITH OTHER STATUTES – NLRA/LMRDA Precedent

Single Topic for Decision 0646E

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* * * OVERRULED IN PART by State of California (Department of Agriculture) (2002) PERB Decision No. 1473-S, where the Board held that pre-arbitration deferral is discretionary, not jurisdictional. * * *

The NLRB deferral-to-arbitration standards in Collyer Insulated Wire (1971) 192 NLRB 837 [77 LRRM 1931] are not controlling nor instructive in administering EERA. California Legislature did not "essentially codify" the Collyer requirements in enacting EERA, therefore Dry Creek Jt. Elem. Sch. Dist. (1980) PERB Order no. Ad-81a and its progeny are overruled.