PERB: OPERATION, JURISDICTION, AUTHORITY; SCOPE OF PERB JURISDICTION – In General/Exclusive Initial Jurisdiction-Deferral to Arbitration; Deference by Reviewing Courts

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Dills Act section 3514.5(a) does not permit a determination of PERB jurisdiction based on the sections of the statute alleged to have been violated. It requires that the determination of PERB jurisdiction be based on the conduct which is the basis of the dispute; Deferral to an alternative jurisdiction must be consistent with the fundamental rule that alternative jurisdiction has authority to order an appropriate remedy; p. 14. The public policy considerations on which PERB's dispute resolution jurisdiction is based, ensures that: 1) parties have right to one neutral administrative forum for resolution of dispute; 2) parties have right to chose a grievance and arbitration process rather than PERB and PERB should defer to that choice; and 3) deferral will eliminate overlapping and duplicative proceedings, lead to more timely resolution of diputes, and contribute to employer-employee relations eliminate overlapping and duplicative proceedings, lead to more timely resolution of diputes, and contribute to employer-employee relations