CASE PROCESSING PROCEDURES; DEFERRAL TO ARBITRATION – Pre-Arbitration

Single Topic for Decision 1571E

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Deferral is proper where the alleged unfair practice is arguably prohibited by the parties’ agreement. It is not sufficient for the agreement to merely cover or discuss the matter; the conduct alleged to be an unfair practice must be prohibited. Here, since contract did not contain “non-discrimination” clause, Board agent properly refused to defer charge alleging discrimination.