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

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Charging party's failure to file a grievance under Unit 11 MOU based on misbelief of improper Unit assignment and speculative belief that the Union would not be supportive of charging party's grievance does not constitute exhaustion of the grievance procedure; p. 2, warning letter. Speculation is not evidence that resort to the grievance procedure would be futile, nor would mere "disagreement or personal preference [be sufficient to] by pass the statutory deferral requirement" (State of California (Department of Corrections) (1986) PERB Decision No. 561-S, citing State of California (Department of Developmental Services) (1985) PERB Order No. Ad-145-S); p. 4, warning letter. A charging party's "failure to exercise the grievance process," even if that precludes further pursuit of the grievance process and arbitration, "does not create futitlity" (Desert Sands Unified School if that precludes further pursuit of the grievance process and arbitration, "does not create futitlity" (Desert Sands Unified School