CASE PROCESSING PROCEDURES; DEFERRAL TO ARBITRATION – Pre-Arbitration
Single Topic for Decision 1262E
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1102.01000 – Pre-Arbitration
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 prohibted 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.