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

Single Topic for Decision 1270E


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102.00000 – PERB: OPERATION, JURISDICTION, AUTHORITY; SCOPE OF PERB JURISDICTION
102.01000 – In General/Exclusive Initial Jurisdiction-Deferral to Arbitration; Deference by Reviewing Courts

* * * OVERRULED IN PART ON OTHER GROUNDS by Contra Costa Community College District (2019) PERB Decision No. 2652. * * *

With respect to the allegation that the District refused to negotiate with CSEA in May 1996, first, the grievance machinery of the Agreement covered the dispute raised by this allegation and culminated in binding arbitration. Second, the conduct complained of in this allegation was arguably prohibited by Article XXIV, Section 3, which required the parties to commence meeting and negotiating no later than June 1. This allegation, to the extent it alleges an independent EERA violation, must therefore be dismissed; p. 80, proposed decision.