PERB: OPERATION, JURISDICTION, AUTHORITY; SCOPE OF PERB JURISDICTION – In General/Exclusive Initial Jurisdiction-Deferral to Arbitration; Deference by Reviewing Courts
Single Topic for Decision 1262E
View all topics for Decision 1262E
Full Decision Text (click on the link to view): Full Text
102.00000 – PERB: OPERATION, JURISDICTION, AUTHORITY; SCOPE OF PERB JURISDICTION
102.01000 – In General/Exclusive Initial Jurisdiction-Deferral to Arbitration; Deference by Reviewing Courts
102.01000 – In General/Exclusive Initial Jurisdiction-Deferral to Arbitration; Deference by Reviewing Courts
Under PERB precedent, deferral is appropriate when: (1) the parties' contractual grievance procedure covers the matter at issue and culminates in binding arbitration; and (2) the conduct complained of in the unfair practice charge is prohibited by the parties' agreement. The Board finds that no provision of the collective bargaining agreement between the parties arguably prohibits the conduct alleged in the charge and complaint. Accordingly, the Board finds deferral inappropriate in this case; p. 3.