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

Single Topic for Decision 0880E

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* * * OVERRULED by Yuba City Unified School District (1995) PERB Decision No. 1095, where the Board held that once an arbitration award has issued, PERB applies the Dry Creek Joint Elementary School District (1980) PERB Order No. Ad-81a standard to determine if the contractual issue and unfair practice charge issue are factually parallel, and the arbitrator was presented with the relevant facts, as well as to what extent different contractual and statutory standards may exist. * * *

Where an arbitration award has been issued which covers a matter at issue, Board uses post-arbitration repugnancy analysis. Board adopts NLRB standards set forth in Spielberg Manufacturing Company (1955) 112 NRLB 1080 [36 LRRM 1152], Collyer Insulated Wire (1971) 192 NLRB 837 [77 LRRM 1931], and Olin Corporation (1984) 268 NLRB 573 [115 LRRM 1056]; pp. 9-10. Olin Corp. "parallelism" requirement met where the contractual issue considered by the arbitrator is factually parallel to the unfair labor practice issue.