PERB: OPERATION, JURISDICTION, AUTHORITY; SCOPE OF PERB JURISDICTION – In General/Exclusive Initial Jurisdiction-Deferral to Arbitration; Deference by Reviewing Courts
Single Topic for Decision 1026S
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102.01000 – In General/Exclusive Initial Jurisdiction-Deferral to Arbitration; Deference by Reviewing Courts
As no MOU was in effect for Unit 12 members, no duty to arbitrate a retaliation claim; p. 3; p. 10, proposed dec. Articles of the MOU covered the allegations raised by unfair practice complaint and therefore the 3519(a) allegation concerning Unit 13 must be dismissed and deferred to binding arbitration; p. 11, proposed dec. Where the contract prohibits retaliation and interference against employees, but does not also contain language barring the State from denying employee organizations their rights under the Dills Act, the section 3519(b) violation should not be deferred; p. 3; p. 11, proposed dec.