PERB: OPERATION, JURISDICTION, AUTHORITY; SCOPE OF PERB JURISDICTION – In General/Exclusive Initial Jurisdiction-Deferral to Arbitration; Deference by Reviewing Courts
Single Topic for Decision 1287E
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102.01000 – In General/Exclusive Initial Jurisdiction-Deferral to Arbitration; Deference by Reviewing Courts
Deferral to arbitration is inappropriate where CBA grants standing to grieve only for violations of rights specifically granted to the union by an "express provision of this agreement" and case does not involve such rights; p. 13, proposed dec. Arbitration clause did not survive the expiration of the CBA since case was not dispute that: (1) involved facts and occurrences that arose before the expiration; (2) involved post-expiration conduct that infringed on rights accrued or vested under the agreement; or (3) under normal principles of contract interpretation, would survive expiration of the agreement; p. 13, proposed dec.