CASE PROCESSING PROCEDURES; DEFERRAL TO ARBITRATION – Pre-Arbitration
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1102.00000 – CASE PROCESSING PROCEDURES; DEFERRAL TO ARBITRATION
1102.01000 – Pre-Arbitration
1102.01000 – Pre-Arbitration
* * * OVERRULED IN PART by State of California (Department of Corrections) (1995) PERB Decision No. 1100-S, where the Board held that pre-arbitration deferral is based on the conduct underlying the unfair practice charge, not the particular code sections alleged to have been violated. * * *
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.