CASE PROCESSING PROCEDURES; DEFERRAL TO ARBITRATION – Pre-Arbitration

Single Topic for Decision 0821E

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In determining whether deferral is appropriate, the Board must first decide whether conduct underlying charge is arguably prohibited by the parties' collective bargaining agreement, and then whether the agreement provides for resolution of the dispute by final and binding arbitration. As Association arguably has a right to file a grievance in its own name, Board will defer charge to binding arbitration.