MISCELLANEOUS ISSUES; REGULATIONS – Regulations Considered (By Number) (Continued)
Single Topic for Decision 1122S
View all topics for Decision 1122S
Full Decision Text (click on the link to view): Full Text
1503.03000 – Regulations Considered (By Number) (Continued)
* * * OVERRULED by multiple decisions, as recognized in State of California (Department of Corrections and Rehabilitation) (2024) PERB Decision No. 2926-S, pp. 16-19 & fn. 10, because relied on notion that deferral was jurisdictional rather than discretionary, applied standards that are now superseded, and improperly deferred despite the fact deferral is normally improper if individual employees wish to arbitrate but their union controls that decision and declines to arbitrate. * * *
PERB Regulation 32620(b)(5) (Cal. Code Regs., tit. 8, sec. 32620(b)(5)) also requires the investigating Board agent to dismiss a charge where the allegations are properly deferred to binding arbitration; p. 4, warning letter.